104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes. LRB104 09130 KTG 19186 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED: 20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745 Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes. LRB104 09130 KTG 19186 b LRB104 09130 KTG 19186 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745
20 ILCS 505/5
20 ILCS 505/35.10
705 ILCS 405/2-28
705 ILCS 405/2-28.2 new
705 ILCS 405/2-33
705 ILCS 405/5-745
Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes.
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A BILL FOR
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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5 by changing Sections 5 and 35.10 as follows:
6 (20 ILCS 505/5)
7 Sec. 5. Direct child welfare services; Department of
8 Children and Family Services. To provide direct child welfare
9 services when not available through other public or private
10 child care or program facilities.
11 (a) For purposes of this Section:
12 (1) "Children" means persons found within the State
13 who are under the age of 18 years. The term also includes
14 persons under age 21 who:
15 (A) were committed to the Department pursuant to
16 the Juvenile Court Act or the Juvenile Court Act of
17 1987 and who continue under the jurisdiction of the
18 court; or
19 (B) were accepted for care, service and training
20 by the Department prior to the age of 18 and whose best
21 interest in the discretion of the Department would be
22 served by continuing that care, service and training
23 because of severe emotional disturbances, physical
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1504 Introduced 2/4/2025, by Sen. Lakesia Collins SYNOPSIS AS INTRODUCED:
20 ILCS 505/520 ILCS 505/35.10705 ILCS 405/2-28705 ILCS 405/2-28.2 new705 ILCS 405/2-33705 ILCS 405/5-745 20 ILCS 505/5 20 ILCS 505/35.10 705 ILCS 405/2-28 705 ILCS 405/2-28.2 new 705 ILCS 405/2-33 705 ILCS 405/5-745
20 ILCS 505/5
20 ILCS 505/35.10
705 ILCS 405/2-28
705 ILCS 405/2-28.2 new
705 ILCS 405/2-33
705 ILCS 405/5-745
Amends the Children and Family Services Act. Requires the Department of Children and Family Services to make reasonable efforts to develop a youth-driven transition plan for each youth in care aged 18 and over for whom the court has set a permanency goal of independence or home environment not appropriate. Requires the plan to address, at a minimum, the youth's housing, mental and physical health and well-being, financial stability, employment, education, connections to supportive adults and peers, transition to adult services, if applicable, and child care and parenting supports, if applicable. Requires the Department to make reasonable efforts to assist the youth in accomplishing the plan and to ensure the youth is aware of any post-case closure supports and services and how to access such supports and services. Requires the Department to assist a youth in care in obtaining a list of persons, with contact information, who are willing to provide the youth with support. Amends the Juvenile Court Act of 1987. Require the court to conduct Successful Transition to Adulthood Review hearings for minors who are 18 years old and older for whom the court has entered a goal of independence or home environment not appropriate. Lists certain information the Department shall provide the court 14 days prior to the hearing as well as certain Department actions that are subject to the court's review. Provides that if the court finds the Department has failed to make reasonable efforts to assist the minor in developing a plan toward independence, the court may enter such orders it deems necessary to ensure the minor is prepared to achieve the goal of independence when the minor turns 21 years of age. Makes conforming changes.
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A BILL FOR
20 ILCS 505/5
20 ILCS 505/35.10
705 ILCS 405/2-28
705 ILCS 405/2-28.2 new
705 ILCS 405/2-33
705 ILCS 405/5-745
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1 disability, social adjustment or any combination
2 thereof, or because of the need to complete an
3 educational or vocational training program.
4 (2) "Homeless youth" means persons found within the
5 State who are under the age of 19, are not in a safe and
6 stable living situation and cannot be reunited with their
7 families.
8 (3) "Child welfare services" means public social
9 services which are directed toward the accomplishment of
10 the following purposes:
11 (A) protecting and promoting the health, safety
12 and welfare of children, including homeless,
13 dependent, or neglected children;
14 (B) remedying, or assisting in the solution of
15 problems which may result in, the neglect, abuse,
16 exploitation, or delinquency of children;
17 (C) preventing the unnecessary separation of
18 children from their families by identifying family
19 problems, assisting families in resolving their
20 problems, and preventing the breakup of the family
21 where the prevention of child removal is desirable and
22 possible when the child can be cared for at home
23 without endangering the child's health and safety;
24 (D) restoring to their families children who have
25 been removed, by the provision of services to the
26 child and the families when the child can be cared for
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1 at home without endangering the child's health and
2 safety;
3 (E) placing children in suitable permanent family
4 arrangements, through guardianship or adoption, in
5 cases where restoration to the birth family is not
6 safe, possible, or appropriate;
7 (F) at the time of placement, conducting
8 concurrent planning, as described in subsection (l-1)
9 of this Section, so that permanency may occur at the
10 earliest opportunity. Consideration should be given so
11 that if reunification fails or is delayed, the
12 placement made is the best available placement to
13 provide permanency for the child;
14 (F-1) assisting youth in care, for whom a court has
15 entered a permanency goal of independence or home
16 environment not appropriate in accordance with Section
17 2-28 of the Juvenile Court Act of 1987, to successfully
18 transition out of the Department's care;
19 (G) (blank);
20 (H) (blank); and
21 (I) placing and maintaining children in facilities
22 that provide separate living quarters for children
23 under the age of 18 and for children 18 years of age
24 and older, unless a child 18 years of age is in the
25 last year of high school education or vocational
26 training, in an approved individual or group treatment
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1 program, in a licensed shelter facility, or secure
2 child care facility. The Department is not required to
3 place or maintain children:
4 (i) who are in a foster home, or
5 (ii) who are persons with a developmental
6 disability, as defined in the Mental Health and
7 Developmental Disabilities Code, or
8 (iii) who are female children who are
9 pregnant, pregnant and parenting, or parenting, or
10 (iv) who are siblings, in facilities that
11 provide separate living quarters for children 18
12 years of age and older and for children under 18
13 years of age.
14 (b) (Blank).
15 (b-5) The Department shall adopt rules to establish a
16 process for all licensed residential providers in Illinois to
17 submit data as required by the Department if they contract or
18 receive reimbursement for children's mental health, substance
19 use, and developmental disability services from the Department
20 of Human Services, the Department of Juvenile Justice, or the
21 Department of Healthcare and Family Services. The requested
22 data must include, but is not limited to, capacity, staffing,
23 and occupancy data for the purpose of establishing State need
24 and placement availability.
25 All information collected, shared, or stored pursuant to
26 this subsection shall be handled in accordance with all State
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1 and federal privacy laws and accompanying regulations and
2 rules, including without limitation the federal Health
3 Insurance Portability and Accountability Act of 1996 (Public
4 Law 104-191) and the Mental Health and Developmental
5 Disabilities Confidentiality Act.
6 (c) The Department shall establish and maintain
7 tax-supported child welfare services and extend and seek to
8 improve voluntary services throughout the State, to the end
9 that services and care shall be available on an equal basis
10 throughout the State to children requiring such services.
11 (d) The Director may authorize advance disbursements for
12 any new program initiative to any agency contracting with the
13 Department. As a prerequisite for an advance disbursement, the
14 contractor must post a surety bond in the amount of the advance
15 disbursement and have a purchase of service contract approved
16 by the Department. The Department may pay up to 2 months
17 operational expenses in advance. The amount of the advance
18 disbursement shall be prorated over the life of the contract
19 or the remaining months of the fiscal year, whichever is less,
20 and the installment amount shall then be deducted from future
21 bills. Advance disbursement authorizations for new initiatives
22 shall not be made to any agency after that agency has operated
23 during 2 consecutive fiscal years. The requirements of this
24 Section concerning advance disbursements shall not apply with
25 respect to the following: payments to local public agencies
26 for child day care services as authorized by Section 5a of this
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1 Act; and youth service programs receiving grant funds under
2 Section 17a-4.
3 (e) (Blank).
4 (f) (Blank).
5 (g) The Department shall establish rules and regulations
6 concerning its operation of programs designed to meet the
7 goals of child safety and protection, family preservation,
8 family reunification, and adoption, including, but not limited
9 to:
10 (1) adoption;
11 (2) foster care;
12 (3) family counseling;
13 (4) protective services;
14 (5) (blank);
15 (6) homemaker service;
16 (7) return of runaway children;
17 (8) (blank);
18 (9) placement under Section 5-7 of the Juvenile Court
19 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
20 Court Act of 1987 in accordance with the federal Adoption
21 Assistance and Child Welfare Act of 1980; and
22 (10) interstate services; and .
23 (11) assisting youth aged 18 and over to successfully
24 transition out of the Department's care.
25 Rules and regulations established by the Department shall
26 include provisions for training Department staff and the staff
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1 of Department grantees, through contracts with other agencies
2 or resources, in screening techniques to identify substance
3 use disorders, as defined in the Substance Use Disorder Act,
4 approved by the Department of Human Services, as a successor
5 to the Department of Alcoholism and Substance Abuse, for the
6 purpose of identifying children and adults who should be
7 referred for an assessment at an organization appropriately
8 licensed by the Department of Human Services for substance use
9 disorder treatment.
10 (h) If the Department finds that there is no appropriate
11 program or facility within or available to the Department for
12 a youth in care and that no licensed private facility has an
13 adequate and appropriate program or none agrees to accept the
14 youth in care, the Department shall create an appropriate
15 individualized, program-oriented plan for such youth in care.
16 The plan may be developed within the Department or through
17 purchase of services by the Department to the extent that it is
18 within its statutory authority to do.
19 (i) Service programs shall be available throughout the
20 State and shall include but not be limited to the following
21 services:
22 (1) case management;
23 (2) homemakers;
24 (3) counseling;
25 (4) parent education;
26 (5) day care; and
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1 (6) emergency assistance and advocacy.
2 In addition, the following services may be made available
3 to assess and meet the needs of children and families:
4 (1) comprehensive family-based services;
5 (2) assessments;
6 (3) respite care; and
7 (4) in-home health services.
8 The Department shall provide transportation for any of the
9 services it makes available to children or families or for
10 which it refers children or families.
11 (j) The Department may provide categories of financial
12 assistance and education assistance grants, and shall
13 establish rules and regulations concerning the assistance and
14 grants, to persons who adopt children with physical or mental
15 disabilities, children who are older, or other hard-to-place
16 children who (i) immediately prior to their adoption were
17 youth in care or (ii) were determined eligible for financial
18 assistance with respect to a prior adoption and who become
19 available for adoption because the prior adoption has been
20 dissolved and the parental rights of the adoptive parents have
21 been terminated or because the child's adoptive parents have
22 died. The Department may continue to provide financial
23 assistance and education assistance grants for a child who was
24 determined eligible for financial assistance under this
25 subsection (j) in the interim period beginning when the
26 child's adoptive parents died and ending with the finalization
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1 of the new adoption of the child by another adoptive parent or
2 parents. The Department may also provide categories of
3 financial assistance and education assistance grants, and
4 shall establish rules and regulations for the assistance and
5 grants, to persons appointed guardian of the person under
6 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
7 4-25, or 5-740 of the Juvenile Court Act of 1987 for children
8 who were youth in care for 12 months immediately prior to the
9 appointment of the guardian.
10 The amount of assistance may vary, depending upon the
11 needs of the child and the adoptive parents, as set forth in
12 the annual assistance agreement. Special purpose grants are
13 allowed where the child requires special service but such
14 costs may not exceed the amounts which similar services would
15 cost the Department if it were to provide or secure them as
16 guardian of the child.
17 Any financial assistance provided under this subsection is
18 inalienable by assignment, sale, execution, attachment,
19 garnishment, or any other remedy for recovery or collection of
20 a judgment or debt.
21 (j-5) The Department shall not deny or delay the placement
22 of a child for adoption if an approved family is available
23 either outside of the Department region handling the case, or
24 outside of the State of Illinois.
25 (k) The Department shall accept for care and training any
26 child who has been adjudicated neglected or abused, or
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1 dependent committed to it pursuant to the Juvenile Court Act
2 or the Juvenile Court Act of 1987.
3 (l) The Department shall offer family preservation
4 services, as defined in Section 8.2 of the Abused and
5 Neglected Child Reporting Act, to help families, including
6 adoptive and extended families. Family preservation services
7 shall be offered (i) to prevent the placement of children in
8 substitute care when the children can be cared for at home or
9 in the custody of the person responsible for the children's
10 welfare, (ii) to reunite children with their families, or
11 (iii) to maintain an adoptive placement. Family preservation
12 services shall only be offered when doing so will not endanger
13 the children's health or safety. With respect to children who
14 are in substitute care pursuant to the Juvenile Court Act of
15 1987, family preservation services shall not be offered if a
16 goal other than those of subdivisions (A), (B), or (B-1) of
17 subsection (2) of Section 2-28 of that Act has been set, except
18 that reunification services may be offered as provided in
19 paragraph (F) of subsection (2) of Section 2-28 of that Act.
20 Nothing in this paragraph shall be construed to create a
21 private right of action or claim on the part of any individual
22 or child welfare agency, except that when a child is the
23 subject of an action under Article II of the Juvenile Court Act
24 of 1987 and the child's service plan calls for services to
25 facilitate achievement of the permanency goal, the court
26 hearing the action under Article II of the Juvenile Court Act
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1 of 1987 may order the Department to provide the services set
2 out in the plan, if those services are not provided with
3 reasonable promptness and if those services are available.
4 The Department shall notify the child and the child's
5 family of the Department's responsibility to offer and provide
6 family preservation services as identified in the service
7 plan. The child and the child's family shall be eligible for
8 services as soon as the report is determined to be
9 "indicated". The Department may offer services to any child or
10 family with respect to whom a report of suspected child abuse
11 or neglect has been filed, prior to concluding its
12 investigation under Section 7.12 of the Abused and Neglected
13 Child Reporting Act. However, the child's or family's
14 willingness to accept services shall not be considered in the
15 investigation. The Department may also provide services to any
16 child or family who is the subject of any report of suspected
17 child abuse or neglect or may refer such child or family to
18 services available from other agencies in the community, even
19 if the report is determined to be unfounded, if the conditions
20 in the child's or family's home are reasonably likely to
21 subject the child or family to future reports of suspected
22 child abuse or neglect. Acceptance of such services shall be
23 voluntary. The Department may also provide services to any
24 child or family after completion of a family assessment, as an
25 alternative to an investigation, as provided under the
26 "differential response program" provided for in subsection
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1 (a-5) of Section 7.4 of the Abused and Neglected Child
2 Reporting Act.
3 The Department may, at its discretion except for those
4 children also adjudicated neglected or dependent, accept for
5 care and training any child who has been adjudicated addicted,
6 as a truant minor in need of supervision or as a minor
7 requiring authoritative intervention, under the Juvenile Court
8 Act or the Juvenile Court Act of 1987, but no such child shall
9 be committed to the Department by any court without the
10 approval of the Department. On and after January 1, 2015 (the
11 effective date of Public Act 98-803) and before January 1,
12 2017, a minor charged with a criminal offense under the
13 Criminal Code of 1961 or the Criminal Code of 2012 or
14 adjudicated delinquent shall not be placed in the custody of
15 or committed to the Department by any court, except (i) a minor
16 less than 16 years of age committed to the Department under
17 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18 for whom an independent basis of abuse, neglect, or dependency
19 exists, which must be defined by departmental rule, or (iii) a
20 minor for whom the court has granted a supplemental petition
21 to reinstate wardship pursuant to subsection (2) of Section
22 2-33 of the Juvenile Court Act of 1987. On and after January 1,
23 2017, a minor charged with a criminal offense under the
24 Criminal Code of 1961 or the Criminal Code of 2012 or
25 adjudicated delinquent shall not be placed in the custody of
26 or committed to the Department by any court, except (i) a minor
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1 less than 15 years of age committed to the Department under
2 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
3 for whom an independent basis of abuse, neglect, or dependency
4 exists, which must be defined by departmental rule, or (iii) a
5 minor for whom the court has granted a supplemental petition
6 to reinstate wardship pursuant to subsection (2) of Section
7 2-33 of the Juvenile Court Act of 1987. An independent basis
8 exists when the allegations or adjudication of abuse, neglect,
9 or dependency do not arise from the same facts, incident, or
10 circumstances which give rise to a charge or adjudication of
11 delinquency. The Department shall assign a caseworker to
12 attend any hearing involving a youth in the care and custody of
13 the Department who is placed on aftercare release, including
14 hearings involving sanctions for violation of aftercare
15 release conditions and aftercare release revocation hearings.
16 As soon as is possible after August 7, 2009 (the effective
17 date of Public Act 96-134), the Department shall develop and
18 implement a special program of family preservation services to
19 support intact, foster, and adoptive families who are
20 experiencing extreme hardships due to the difficulty and
21 stress of caring for a child who has been diagnosed with a
22 pervasive developmental disorder if the Department determines
23 that those services are necessary to ensure the health and
24 safety of the child. The Department may offer services to any
25 family whether or not a report has been filed under the Abused
26 and Neglected Child Reporting Act. The Department may refer
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1 the child or family to services available from other agencies
2 in the community if the conditions in the child's or family's
3 home are reasonably likely to subject the child or family to
4 future reports of suspected child abuse or neglect. Acceptance
5 of these services shall be voluntary. The Department shall
6 develop and implement a public information campaign to alert
7 health and social service providers and the general public
8 about these special family preservation services. The nature
9 and scope of the services offered and the number of families
10 served under the special program implemented under this
11 paragraph shall be determined by the level of funding that the
12 Department annually allocates for this purpose. The term
13 "pervasive developmental disorder" under this paragraph means
14 a neurological condition, including, but not limited to,
15 Asperger's Syndrome and autism, as defined in the most recent
16 edition of the Diagnostic and Statistical Manual of Mental
17 Disorders of the American Psychiatric Association.
18 (l-1) The General Assembly recognizes that the best
19 interests of the child require that the child be placed in the
20 most permanent living arrangement as soon as is practically
21 possible. To achieve this goal, the General Assembly directs
22 the Department of Children and Family Services to conduct
23 concurrent planning so that permanency may occur at the
24 earliest opportunity. Permanent living arrangements may
25 include prevention of placement of a child outside the home of
26 the family when the child can be cared for at home without
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1 endangering the child's health or safety; reunification with
2 the family, when safe and appropriate, if temporary placement
3 is necessary; or movement of the child toward the most
4 permanent living arrangement and permanent legal status.
5 When determining reasonable efforts to be made with
6 respect to a child, as described in this subsection, and in
7 making such reasonable efforts, the child's health and safety
8 shall be the paramount concern.
9 When a child is placed in foster care, the Department
10 shall ensure and document that reasonable efforts were made to
11 prevent or eliminate the need to remove the child from the
12 child's home. The Department must make reasonable efforts to
13 reunify the family when temporary placement of the child
14 occurs unless otherwise required, pursuant to the Juvenile
15 Court Act of 1987. At any time after the dispositional hearing
16 where the Department believes that further reunification
17 services would be ineffective, it may request a finding from
18 the court that reasonable efforts are no longer appropriate.
19 The Department is not required to provide further
20 reunification services after such a finding.
21 A decision to place a child in substitute care shall be
22 made with considerations of the child's health, safety, and
23 best interests. At the time of placement, consideration should
24 also be given so that if reunification fails or is delayed, the
25 placement made is the best available placement to provide
26 permanency for the child.
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1 The Department shall adopt rules addressing concurrent
2 planning for reunification and permanency. The Department
3 shall consider the following factors when determining
4 appropriateness of concurrent planning:
5 (1) the likelihood of prompt reunification;
6 (2) the past history of the family;
7 (3) the barriers to reunification being addressed by
8 the family;
9 (4) the level of cooperation of the family;
10 (5) the foster parents' willingness to work with the
11 family to reunite;
12 (6) the willingness and ability of the foster family
13 to provide an adoptive home or long-term placement;
14 (7) the age of the child;
15 (8) placement of siblings.
16 (m) The Department may assume temporary custody of any
17 child if:
18 (1) it has received a written consent to such
19 temporary custody signed by the parents of the child or by
20 the parent having custody of the child if the parents are
21 not living together or by the guardian or custodian of the
22 child if the child is not in the custody of either parent,
23 or
24 (2) the child is found in the State and neither a
25 parent, guardian nor custodian of the child can be
26 located.
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1 If the child is found in the child's residence without a
2 parent, guardian, custodian, or responsible caretaker, the
3 Department may, instead of removing the child and assuming
4 temporary custody, place an authorized representative of the
5 Department in that residence until such time as a parent,
6 guardian, or custodian enters the home and expresses a
7 willingness and apparent ability to ensure the child's health
8 and safety and resume permanent charge of the child, or until a
9 relative enters the home and is willing and able to ensure the
10 child's health and safety and assume charge of the child until
11 a parent, guardian, or custodian enters the home and expresses
12 such willingness and ability to ensure the child's safety and
13 resume permanent charge. After a caretaker has remained in the
14 home for a period not to exceed 12 hours, the Department must
15 follow those procedures outlined in Section 2-9, 3-11, 4-8, or
16 5-415 of the Juvenile Court Act of 1987.
17 The Department shall have the authority, responsibilities
18 and duties that a legal custodian of the child would have
19 pursuant to subsection (9) of Section 1-3 of the Juvenile
20 Court Act of 1987. Whenever a child is taken into temporary
21 custody pursuant to an investigation under the Abused and
22 Neglected Child Reporting Act, or pursuant to a referral and
23 acceptance under the Juvenile Court Act of 1987 of a minor in
24 limited custody, the Department, during the period of
25 temporary custody and before the child is brought before a
26 judicial officer as required by Section 2-9, 3-11, 4-8, or
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1 5-415 of the Juvenile Court Act of 1987, shall have the
2 authority, responsibilities and duties that a legal custodian
3 of the child would have under subsection (9) of Section 1-3 of
4 the Juvenile Court Act of 1987.
5 The Department shall ensure that any child taken into
6 custody is scheduled for an appointment for a medical
7 examination.
8 A parent, guardian, or custodian of a child in the
9 temporary custody of the Department who would have custody of
10 the child if the child were not in the temporary custody of the
11 Department may deliver to the Department a signed request that
12 the Department surrender the temporary custody of the child.
13 The Department may retain temporary custody of the child for
14 10 days after the receipt of the request, during which period
15 the Department may cause to be filed a petition pursuant to the
16 Juvenile Court Act of 1987. If a petition is so filed, the
17 Department shall retain temporary custody of the child until
18 the court orders otherwise. If a petition is not filed within
19 the 10-day period, the child shall be surrendered to the
20 custody of the requesting parent, guardian, or custodian not
21 later than the expiration of the 10-day period, at which time
22 the authority and duties of the Department with respect to the
23 temporary custody of the child shall terminate.
24 (m-1) The Department may place children under 18 years of
25 age in a secure child care facility licensed by the Department
26 that cares for children who are in need of secure living
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1 arrangements for their health, safety, and well-being after a
2 determination is made by the facility director and the
3 Director or the Director's designate prior to admission to the
4 facility subject to Section 2-27.1 of the Juvenile Court Act
5 of 1987. This subsection (m-1) does not apply to a child who is
6 subject to placement in a correctional facility operated
7 pursuant to Section 3-15-2 of the Unified Code of Corrections,
8 unless the child is a youth in care who was placed in the care
9 of the Department before being subject to placement in a
10 correctional facility and a court of competent jurisdiction
11 has ordered placement of the child in a secure care facility.
12 (n) The Department may place children under 18 years of
13 age in licensed child care facilities when in the opinion of
14 the Department, appropriate services aimed at family
15 preservation have been unsuccessful and cannot ensure the
16 child's health and safety or are unavailable and such
17 placement would be for their best interest. Payment for board,
18 clothing, care, training and supervision of any child placed
19 in a licensed child care facility may be made by the
20 Department, by the parents or guardians of the estates of
21 those children, or by both the Department and the parents or
22 guardians, except that no payments shall be made by the
23 Department for any child placed in a licensed child care
24 facility for board, clothing, care, training, and supervision
25 of such a child that exceed the average per capita cost of
26 maintaining and of caring for a child in institutions for
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1 dependent or neglected children operated by the Department.
2 However, such restriction on payments does not apply in cases
3 where children require specialized care and treatment for
4 problems of severe emotional disturbance, physical disability,
5 social adjustment, or any combination thereof and suitable
6 facilities for the placement of such children are not
7 available at payment rates within the limitations set forth in
8 this Section. All reimbursements for services delivered shall
9 be absolutely inalienable by assignment, sale, attachment, or
10 garnishment or otherwise.
11 (n-1) The Department shall provide or authorize child
12 welfare services, aimed at assisting minors to achieve
13 sustainable self-sufficiency as independent adults, for any
14 minor eligible for the reinstatement of wardship pursuant to
15 subsection (2) of Section 2-33 of the Juvenile Court Act of
16 1987, whether or not such reinstatement is sought or allowed,
17 provided that the minor consents to such services and has not
18 yet attained the age of 21. The Department shall have
19 responsibility for the development and delivery of services
20 under this Section. An eligible youth may access services
21 under this Section through the Department of Children and
22 Family Services or by referral from the Department of Human
23 Services. Youth participating in services under this Section
24 shall cooperate with the assigned case manager in developing
25 an agreement identifying the services to be provided and how
26 the youth will increase skills to achieve self-sufficiency. A
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1 homeless shelter is not considered appropriate housing for any
2 youth receiving child welfare services under this Section. The
3 Department shall continue child welfare services under this
4 Section to any eligible minor until the minor becomes 21 years
5 of age, no longer consents to participate, or achieves
6 self-sufficiency as identified in the minor's service plan.
7 The Department of Children and Family Services shall create
8 clear, readable notice of the rights of former foster youth to
9 child welfare services under this Section and how such
10 services may be obtained. The Department of Children and
11 Family Services and the Department of Human Services shall
12 disseminate this information statewide. The Department shall
13 adopt regulations describing services intended to assist
14 minors in achieving sustainable self-sufficiency as
15 independent adults.
16 (o) The Department shall establish an administrative
17 review and appeal process for children and families who
18 request or receive child welfare services from the Department.
19 Youth in care who are placed by private child welfare
20 agencies, and foster families with whom those youth are
21 placed, shall be afforded the same procedural and appeal
22 rights as children and families in the case of placement by the
23 Department, including the right to an initial review of a
24 private agency decision by that agency. The Department shall
25 ensure that any private child welfare agency, which accepts
26 youth in care for placement, affords those rights to children
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1 and foster families. The Department shall accept for
2 administrative review and an appeal hearing a complaint made
3 by (i) a child or foster family concerning a decision
4 following an initial review by a private child welfare agency
5 or (ii) a prospective adoptive parent who alleges a violation
6 of subsection (j-5) of this Section. An appeal of a decision
7 concerning a change in the placement of a child shall be
8 conducted in an expedited manner. A court determination that a
9 current foster home placement is necessary and appropriate
10 under Section 2-28 of the Juvenile Court Act of 1987 does not
11 constitute a judicial determination on the merits of an
12 administrative appeal, filed by a former foster parent,
13 involving a change of placement decision.
14 (p) (Blank).
15 (q) The Department may receive and use, in their entirety,
16 for the benefit of children any gift, donation, or bequest of
17 money or other property which is received on behalf of such
18 children, or any financial benefits to which such children are
19 or may become entitled while under the jurisdiction or care of
20 the Department, except that the benefits described in Section
21 5.46 must be used and conserved consistent with the provisions
22 under Section 5.46.
23 The Department shall set up and administer no-cost,
24 interest-bearing accounts in appropriate financial
25 institutions for children for whom the Department is legally
26 responsible and who have been determined eligible for
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1 Veterans' Benefits, Social Security benefits, assistance
2 allotments from the armed forces, court ordered payments,
3 parental voluntary payments, Supplemental Security Income,
4 Railroad Retirement payments, Black Lung benefits, or other
5 miscellaneous payments. Interest earned by each account shall
6 be credited to the account, unless disbursed in accordance
7 with this subsection.
8 In disbursing funds from children's accounts, the
9 Department shall:
10 (1) Establish standards in accordance with State and
11 federal laws for disbursing money from children's
12 accounts. In all circumstances, the Department's
13 Guardianship Administrator or the Guardianship
14 Administrator's designee must approve disbursements from
15 children's accounts. The Department shall be responsible
16 for keeping complete records of all disbursements for each
17 account for any purpose.
18 (2) Calculate on a monthly basis the amounts paid from
19 State funds for the child's board and care, medical care
20 not covered under Medicaid, and social services; and
21 utilize funds from the child's account, as covered by
22 regulation, to reimburse those costs. Monthly,
23 disbursements from all children's accounts, up to 1/12 of
24 $13,000,000, shall be deposited by the Department into the
25 General Revenue Fund and the balance over 1/12 of
26 $13,000,000 into the DCFS Children's Services Fund.
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1 (3) Maintain any balance remaining after reimbursing
2 for the child's costs of care, as specified in item (2).
3 The balance shall accumulate in accordance with relevant
4 State and federal laws and shall be disbursed to the child
5 or the child's guardian or to the issuing agency.
6 (r) The Department shall promulgate regulations
7 encouraging all adoption agencies to voluntarily forward to
8 the Department or its agent names and addresses of all persons
9 who have applied for and have been approved for adoption of a
10 hard-to-place child or child with a disability and the names
11 of such children who have not been placed for adoption. A list
12 of such names and addresses shall be maintained by the
13 Department or its agent, and coded lists which maintain the
14 confidentiality of the person seeking to adopt the child and
15 of the child shall be made available, without charge, to every
16 adoption agency in the State to assist the agencies in placing
17 such children for adoption. The Department may delegate to an
18 agent its duty to maintain and make available such lists. The
19 Department shall ensure that such agent maintains the
20 confidentiality of the person seeking to adopt the child and
21 of the child.
22 (s) The Department of Children and Family Services may
23 establish and implement a program to reimburse Department and
24 private child welfare agency foster parents licensed by the
25 Department of Children and Family Services for damages
26 sustained by the foster parents as a result of the malicious or
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1 negligent acts of foster children, as well as providing third
2 party coverage for such foster parents with regard to actions
3 of foster children to other individuals. Such coverage will be
4 secondary to the foster parent liability insurance policy, if
5 applicable. The program shall be funded through appropriations
6 from the General Revenue Fund, specifically designated for
7 such purposes.
8 (t) The Department shall perform home studies and
9 investigations and shall exercise supervision over visitation
10 as ordered by a court pursuant to the Illinois Marriage and
11 Dissolution of Marriage Act or the Adoption Act only if:
12 (1) an order entered by an Illinois court specifically
13 directs the Department to perform such services; and
14 (2) the court has ordered one or both of the parties to
15 the proceeding to reimburse the Department for its
16 reasonable costs for providing such services in accordance
17 with Department rules, or has determined that neither
18 party is financially able to pay.
19 The Department shall provide written notification to the
20 court of the specific arrangements for supervised visitation
21 and projected monthly costs within 60 days of the court order.
22 The Department shall send to the court information related to
23 the costs incurred except in cases where the court has
24 determined the parties are financially unable to pay. The
25 court may order additional periodic reports as appropriate.
26 (u) In addition to other information that must be
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1 provided, whenever the Department places a child with a
2 prospective adoptive parent or parents, in a licensed foster
3 home, group home, or child care institution, or in a relative
4 home, the Department shall provide to the prospective adoptive
5 parent or parents or other caretaker:
6 (1) available detailed information concerning the
7 child's educational and health history, copies of
8 immunization records (including insurance and medical card
9 information), a history of the child's previous
10 placements, if any, and reasons for placement changes
11 excluding any information that identifies or reveals the
12 location of any previous caretaker;
13 (2) a copy of the child's portion of the client
14 service plan, including any visitation arrangement, and
15 all amendments or revisions to it as related to the child;
16 and
17 (3) information containing details of the child's
18 individualized educational plan when the child is
19 receiving special education services.
20 The caretaker shall be informed of any known social or
21 behavioral information (including, but not limited to,
22 criminal background, fire setting, perpetuation of sexual
23 abuse, destructive behavior, and substance abuse) necessary to
24 care for and safeguard the children to be placed or currently
25 in the home. The Department may prepare a written summary of
26 the information required by this paragraph, which may be
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1 provided to the foster or prospective adoptive parent in
2 advance of a placement. The foster or prospective adoptive
3 parent may review the supporting documents in the child's file
4 in the presence of casework staff. In the case of an emergency
5 placement, casework staff shall at least provide known
6 information verbally, if necessary, and must subsequently
7 provide the information in writing as required by this
8 subsection.
9 The information described in this subsection shall be
10 provided in writing. In the case of emergency placements when
11 time does not allow prior review, preparation, and collection
12 of written information, the Department shall provide such
13 information as it becomes available. Within 10 business days
14 after placement, the Department shall obtain from the
15 prospective adoptive parent or parents or other caretaker a
16 signed verification of receipt of the information provided.
17 Within 10 business days after placement, the Department shall
18 provide to the child's guardian ad litem a copy of the
19 information provided to the prospective adoptive parent or
20 parents or other caretaker. The information provided to the
21 prospective adoptive parent or parents or other caretaker
22 shall be reviewed and approved regarding accuracy at the
23 supervisory level.
24 (u-5) Effective July 1, 1995, only foster care placements
25 licensed as foster family homes pursuant to the Child Care Act
26 of 1969 shall be eligible to receive foster care payments from
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1 the Department. Relative caregivers who, as of July 1, 1995,
2 were approved pursuant to approved relative placement rules
3 previously promulgated by the Department at 89 Ill. Adm. Code
4 335 and had submitted an application for licensure as a foster
5 family home may continue to receive foster care payments only
6 until the Department determines that they may be licensed as a
7 foster family home or that their application for licensure is
8 denied or until September 30, 1995, whichever occurs first.
9 (v) The Department shall access criminal history record
10 information as defined in the Illinois Uniform Conviction
11 Information Act and information maintained in the adjudicatory
12 and dispositional record system as defined in Section 2605-355
13 of the Illinois State Police Law if the Department determines
14 the information is necessary to perform its duties under the
15 Abused and Neglected Child Reporting Act, the Child Care Act
16 of 1969, and the Children and Family Services Act. The
17 Department shall provide for interactive computerized
18 communication and processing equipment that permits direct
19 on-line communication with the Illinois State Police's central
20 criminal history data repository. The Department shall comply
21 with all certification requirements and provide certified
22 operators who have been trained by personnel from the Illinois
23 State Police. In addition, one Office of the Inspector General
24 investigator shall have training in the use of the criminal
25 history information access system and have access to the
26 terminal. The Department of Children and Family Services and
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1 its employees shall abide by rules and regulations established
2 by the Illinois State Police relating to the access and
3 dissemination of this information.
4 (v-1) Prior to final approval for placement of a child,
5 the Department shall conduct a criminal records background
6 check of the prospective foster or adoptive parent, including
7 fingerprint-based checks of national crime information
8 databases. Final approval for placement shall not be granted
9 if the record check reveals a felony conviction for child
10 abuse or neglect, for spousal abuse, for a crime against
11 children, or for a crime involving violence, including rape,
12 sexual assault, or homicide, but not including other physical
13 assault or battery, or if there is a felony conviction for
14 physical assault, battery, or a drug-related offense committed
15 within the past 5 years.
16 (v-2) Prior to final approval for placement of a child,
17 the Department shall check its child abuse and neglect
18 registry for information concerning prospective foster and
19 adoptive parents, and any adult living in the home. If any
20 prospective foster or adoptive parent or other adult living in
21 the home has resided in another state in the preceding 5 years,
22 the Department shall request a check of that other state's
23 child abuse and neglect registry.
24 (w) Within 120 days of August 20, 1995 (the effective date
25 of Public Act 89-392), the Department shall prepare and submit
26 to the Governor and the General Assembly, a written plan for
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1 the development of in-state licensed secure child care
2 facilities that care for children who are in need of secure
3 living arrangements for their health, safety, and well-being.
4 For purposes of this subsection, secure care facility shall
5 mean a facility that is designed and operated to ensure that
6 all entrances and exits from the facility, a building or a
7 distinct part of the building, are under the exclusive control
8 of the staff of the facility, whether or not the child has the
9 freedom of movement within the perimeter of the facility,
10 building, or distinct part of the building. The plan shall
11 include descriptions of the types of facilities that are
12 needed in Illinois; the cost of developing these secure care
13 facilities; the estimated number of placements; the potential
14 cost savings resulting from the movement of children currently
15 out-of-state who are projected to be returned to Illinois; the
16 necessary geographic distribution of these facilities in
17 Illinois; and a proposed timetable for development of such
18 facilities.
19 (x) The Department shall conduct annual credit history
20 checks to determine the financial history of children placed
21 under its guardianship pursuant to the Juvenile Court Act of
22 1987. The Department shall conduct such credit checks starting
23 when a youth in care turns 12 years old and each year
24 thereafter for the duration of the guardianship as terminated
25 pursuant to the Juvenile Court Act of 1987. The Department
26 shall determine if financial exploitation of the child's
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1 personal information has occurred. If financial exploitation
2 appears to have taken place or is presently ongoing, the
3 Department shall notify the proper law enforcement agency, the
4 proper State's Attorney, or the Attorney General.
5 (y) Beginning on July 22, 2010 (the effective date of
6 Public Act 96-1189), a child with a disability who receives
7 residential and educational services from the Department shall
8 be eligible to receive transition services in accordance with
9 Article 14 of the School Code from the age of 14.5 through age
10 21, inclusive, notwithstanding the child's residential
11 services arrangement. For purposes of this subsection, "child
12 with a disability" means a child with a disability as defined
13 by the federal Individuals with Disabilities Education
14 Improvement Act of 2004.
15 (z) The Department shall access criminal history record
16 information as defined as "background information" in this
17 subsection and criminal history record information as defined
18 in the Illinois Uniform Conviction Information Act for each
19 Department employee or Department applicant. Each Department
20 employee or Department applicant shall submit the employee's
21 or applicant's fingerprints to the Illinois State Police in
22 the form and manner prescribed by the Illinois State Police.
23 These fingerprints shall be checked against the fingerprint
24 records now and hereafter filed in the Illinois State Police
25 and the Federal Bureau of Investigation criminal history
26 records databases. The Illinois State Police shall charge a
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1 fee for conducting the criminal history record check, which
2 shall be deposited into the State Police Services Fund and
3 shall not exceed the actual cost of the record check. The
4 Illinois State Police shall furnish, pursuant to positive
5 identification, all Illinois conviction information to the
6 Department of Children and Family Services.
7 For purposes of this subsection:
8 "Background information" means all of the following:
9 (i) Upon the request of the Department of Children and
10 Family Services, conviction information obtained from the
11 Illinois State Police as a result of a fingerprint-based
12 criminal history records check of the Illinois criminal
13 history records database and the Federal Bureau of
14 Investigation criminal history records database concerning
15 a Department employee or Department applicant.
16 (ii) Information obtained by the Department of
17 Children and Family Services after performing a check of
18 the Illinois State Police's Sex Offender Database, as
19 authorized by Section 120 of the Sex Offender Community
20 Notification Law, concerning a Department employee or
21 Department applicant.
22 (iii) Information obtained by the Department of
23 Children and Family Services after performing a check of
24 the Child Abuse and Neglect Tracking System (CANTS)
25 operated and maintained by the Department.
26 "Department employee" means a full-time or temporary
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1 employee coded or certified within the State of Illinois
2 Personnel System.
3 "Department applicant" means an individual who has
4 conditional Department full-time or part-time work, a
5 contractor, an individual used to replace or supplement staff,
6 an academic intern, a volunteer in Department offices or on
7 Department contracts, a work-study student, an individual or
8 entity licensed by the Department, or an unlicensed service
9 provider who works as a condition of a contract or an agreement
10 and whose work may bring the unlicensed service provider into
11 contact with Department clients or client records.
12 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
13 102-1014, eff. 5-27-22; 103-22, eff. 8-8-23; 103-50, eff.
14 1-1-24; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.)
15 (20 ILCS 505/35.10)
16 Sec. 35.10. Successful transitions to adult living.
17 Documents necessary for adult living.
18 (a) The Department shall make reasonable efforts to
19 develop a youth-driven transition plan for each youth in care
20 aged 18 and over for whom the court has set a permanency goal
21 of independence or home environment not appropriate in
22 accordance with Section 2-28 of the Juvenile Court Act of
23 1987. The Department shall ensure the plan addresses the
24 following areas at a minimum: housing, mental and physical
25 health and well-being, financial stability, employment,
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1 education, connections to supportive adults and peers,
2 transition to adult services, if applicable, and child care
3 and parenting supports, if applicable. The Department shall
4 make reasonable efforts to assist the youth in accomplishing
5 the plan, to develop strategies to resolve barriers, and to
6 ensure the youth is aware of any post-case closure supports
7 and services and how to access such supports and services.
8 (b) Documents necessary for adult living. The Department
9 shall assist a youth in care in identifying and obtaining
10 documents necessary to function as an independent adult prior
11 to the closure of the youth's case to terminate wardship as
12 provided in Section 2-31 of the Juvenile Court Act of 1987.
13 These necessary documents shall include, but not be limited
14 to, any of the following:
15 (1) State identification card or driver's license.
16 (2) Social Security card.
17 (3) Medical records, including, but not limited to,
18 health passport, dental records, immunization records,
19 name and contact information for all current medical,
20 dental, and mental health providers, and a signed
21 certification that the Department provided the youth with
22 education on executing a healthcare power of attorney.
23 (4) Medicaid card or other health eligibility
24 documentation.
25 (5) Certified copy of birth certificate.
26 (6) Any applicable religious documents.
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1 (7) Voter registration card.
2 (8) Immigration, citizenship, or naturalization
3 documentation, if applicable.
4 (9) Death certificates of parents, if applicable.
5 (10) Life book or compilation of personal history and
6 photographs.
7 (11) List of known relatives and persons willing to
8 provide supports to the youth with relationships,
9 addresses, telephone numbers, and other contact
10 information, with the permission of the involved relative
11 or supportive person.
12 (12) Resume.
13 (13) Educational records, including list of schools
14 attended, and transcript, high school diploma, or State of
15 Illinois High School Diploma.
16 (14) List of placements while in care.
17 (15) List of community resources with referral
18 information, including the Midwest Adoption Center for
19 search and reunion services for former youth in care,
20 whether or not they were adopted, and the Illinois Chapter
21 of Foster Care Alumni of America.
22 (16) All documents necessary to complete a Free
23 Application for Federal Student Aid form, if applicable,
24 or an application for State financial aid.
25 (17) If applicable, a final accounting of the account
26 maintained on behalf of the youth as provided under
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1 Section 5.46.
2 If a court determines that a youth in care no longer requires
3 wardship of the court and orders the wardship terminated and
4 all proceedings under the Juvenile Court Act of 1987
5 respecting the youth in care finally closed and discharged,
6 the Department shall ensure that the youth in care receives a
7 copy of the court's order.
8 (Source: P.A. 102-70, eff. 1-1-22; 102-1014, eff. 5-27-22;
9 102-1100, eff. 1-1-23; 103-154, eff. 6-30-23.)
10 Section 10. The Juvenile Court Act of 1987 is amended by
11 changing Sections 2-28, 2-33, and 5-745 and by adding Section
12 2-28.2 as follows:
13 (705 ILCS 405/2-28)
14 Sec. 2-28. Court review.
15 (1) The court may require any legal custodian or guardian
16 of the person appointed under this Act to report periodically
17 to the court or may cite the legal custodian or guardian into
18 court and require the legal custodian, guardian, or the legal
19 custodian's or guardian's agency to make a full and accurate
20 report of the doings of the legal custodian, guardian, or
21 agency on behalf of the minor. The custodian or guardian,
22 within 10 days after such citation, or earlier if the court
23 determines it to be necessary to protect the health, safety,
24 or welfare of the minor, shall make the report, either in
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1 writing verified by affidavit or orally under oath in open
2 court, or otherwise as the court directs. Upon the hearing of
3 the report the court may remove the custodian or guardian and
4 appoint another in the custodian's or guardian's stead or
5 restore the minor to the custody of the minor's parents or
6 former guardian or custodian. However, custody of the minor
7 shall not be restored to any parent, guardian, or legal
8 custodian in any case in which the minor is found to be
9 neglected or abused under Section 2-3 or dependent under
10 Section 2-4 of this Act, unless the minor can be cared for at
11 home without endangering the minor's health or safety and it
12 is in the best interests of the minor, and if such neglect,
13 abuse, or dependency is found by the court under paragraph (1)
14 of Section 2-21 of this Act to have come about due to the acts
15 or omissions or both of such parent, guardian, or legal
16 custodian, until such time as an investigation is made as
17 provided in paragraph (5) and a hearing is held on the issue of
18 the fitness of such parent, guardian, or legal custodian to
19 care for the minor and the court enters an order that such
20 parent, guardian, or legal custodian is fit to care for the
21 minor.
22 (1.5) The public agency that is the custodian or guardian
23 of the minor shall file a written report with the court no
24 later than 15 days after a minor in the agency's care remains:
25 (1) in a shelter placement beyond 30 days;
26 (2) in a psychiatric hospital past the time when the
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1 minor is clinically ready for discharge or beyond medical
2 necessity for the minor's health; or
3 (3) in a detention center or Department of Juvenile
4 Justice facility solely because the public agency cannot
5 find an appropriate placement for the minor.
6 The report shall explain the steps the agency is taking to
7 ensure the minor is placed appropriately, how the minor's
8 needs are being met in the minor's shelter placement, and if a
9 future placement has been identified by the Department, why
10 the anticipated placement is appropriate for the needs of the
11 minor and the anticipated placement date.
12 (1.6) Within 30 days after placing a child in its care in a
13 qualified residential treatment program, as defined by the
14 federal Social Security Act, the Department of Children and
15 Family Services shall prepare a written report for filing with
16 the court and send copies of the report to all parties. Within
17 20 days of the filing of the report, or as soon thereafter as
18 the court's schedule allows but not more than 60 days from the
19 date of placement, the court shall hold a hearing to consider
20 the Department's report and determine whether placement of the
21 child in a qualified residential treatment program provides
22 the most effective and appropriate level of care for the child
23 in the least restrictive environment and if the placement is
24 consistent with the short-term and long-term goals for the
25 child, as specified in the permanency plan for the child. The
26 court shall approve or disapprove the placement. If
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1 applicable, the requirements of Sections 2-27.1 and 2-27.2
2 must also be met. The Department's written report and the
3 court's written determination shall be included in and made
4 part of the case plan for the child. If the child remains
5 placed in a qualified residential treatment program, the
6 Department shall submit evidence at each status and permanency
7 hearing:
8 (1) demonstrating that on-going assessment of the
9 strengths and needs of the child continues to support the
10 determination that the child's needs cannot be met through
11 placement in a foster family home, that the placement
12 provides the most effective and appropriate level of care
13 for the child in the least restrictive, appropriate
14 environment, and that the placement is consistent with the
15 short-term and long-term permanency goal for the child, as
16 specified in the permanency plan for the child;
17 (2) documenting the specific treatment or service
18 needs that should be met for the child in the placement and
19 the length of time the child is expected to need the
20 treatment or services; and
21 (3) the efforts made by the agency to prepare the
22 child to return home or to be placed with a fit and willing
23 relative, a legal guardian, or an adoptive parent, or in a
24 foster family home.
25 (2) The first permanency hearing shall be conducted by the
26 judge. Subsequent permanency hearings may be heard by a judge
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1 or by hearing officers appointed or approved by the court in
2 the manner set forth in Section 2-28.1 of this Act. The initial
3 hearing shall be held (a) within 12 months from the date
4 temporary custody was taken, regardless of whether an
5 adjudication or dispositional hearing has been completed
6 within that time frame, (b) if the parental rights of both
7 parents have been terminated in accordance with the procedure
8 described in subsection (5) of Section 2-21, within 30 days of
9 the order for termination of parental rights and appointment
10 of a guardian with power to consent to adoption, or (c) in
11 accordance with subsection (2) of Section 2-13.1. Subsequent
12 permanency hearings shall be held every 6 months or more
13 frequently if necessary in the court's determination following
14 the initial permanency hearing, in accordance with the
15 standards set forth in this Section, until the court
16 determines that the plan and goal have been achieved. Once the
17 plan and goal have been achieved, if the minor remains in
18 substitute care, the case shall be reviewed at least every 6
19 months thereafter, subject to the provisions of this Section,
20 unless the minor is placed in the guardianship of a suitable
21 relative or other person and the court determines that further
22 monitoring by the court does not further the health, safety,
23 or best interest of the child and that this is a stable
24 permanent placement. The permanency hearings must occur within
25 the time frames set forth in this subsection and may not be
26 delayed in anticipation of a report from any source or due to
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1 the agency's failure to timely file its written report (this
2 written report means the one required under the next paragraph
3 and does not mean the service plan also referred to in that
4 paragraph).
5 The public agency that is the custodian or guardian of the
6 minor, or another agency responsible for the minor's care,
7 shall ensure that all parties to the permanency hearings are
8 provided a copy of the most recent service plan prepared
9 within the prior 6 months at least 14 days in advance of the
10 hearing. If not contained in the agency's service plan, the
11 agency shall also include a report setting forth (i) any
12 special physical, psychological, educational, medical,
13 emotional, or other needs of the minor or the minor's family
14 that are relevant to a permanency or placement determination
15 and (ii) for any minor age 16 or over, a written description of
16 the programs and services that will enable the minor to
17 prepare for independent living. If not contained in the
18 agency's service plan, the agency's report shall specify if a
19 minor is placed in a licensed child care facility under a
20 corrective plan by the Department due to concerns impacting
21 the minor's safety and well-being. The report shall explain
22 the steps the Department is taking to ensure the safety and
23 well-being of the minor and that the minor's needs are met in
24 the facility. The agency's written report must detail what
25 progress or lack of progress the parent has made in correcting
26 the conditions requiring the child to be in care; whether the
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1 child can be returned home without jeopardizing the child's
2 health, safety, and welfare, and, if not, what permanency goal
3 is recommended to be in the best interests of the child, and
4 why the other permanency goals are not appropriate. The
5 caseworker must appear and testify at the permanency hearing.
6 If a permanency hearing has not previously been scheduled by
7 the court, the moving party shall move for the setting of a
8 permanency hearing and the entry of an order within the time
9 frames set forth in this subsection.
10 At the permanency hearing, the court shall determine the
11 future status of the child. The court shall set one of the
12 following permanency goals:
13 (A) The minor will be returned home by a specific date
14 within 5 months.
15 (B) The minor will be in short-term care with a
16 continued goal to return home within a period not to
17 exceed one year, where the progress of the parent or
18 parents is substantial giving particular consideration to
19 the age and individual needs of the minor.
20 (B-1) The minor will be in short-term care with a
21 continued goal to return home pending a status hearing.
22 When the court finds that a parent has not made reasonable
23 efforts or reasonable progress to date, the court shall
24 identify what actions the parent and the Department must
25 take in order to justify a finding of reasonable efforts
26 or reasonable progress and shall set a status hearing to
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1 be held not earlier than 9 months from the date of
2 adjudication nor later than 11 months from the date of
3 adjudication during which the parent's progress will again
4 be reviewed.
5 (C) The minor will be in substitute care pending court
6 determination on termination of parental rights.
7 (D) Adoption, provided that parental rights have been
8 terminated or relinquished.
9 (E) The guardianship of the minor will be transferred
10 to an individual or couple on a permanent basis provided
11 that goals (A) through (D) have been deemed inappropriate
12 and not in the child's best interests. The court shall
13 confirm that the Department has discussed adoption, if
14 appropriate, and guardianship with the caregiver prior to
15 changing a goal to guardianship.
16 (F) The minor over age 15 will be in substitute care
17 pending independence. In selecting this permanency goal,
18 the Department of Children and Family Services may provide
19 services to enable reunification and to strengthen the
20 minor's connections with family, fictive kin, and other
21 responsible adults, provided the services are in the
22 minor's best interest. The services shall be documented in
23 the service plan.
24 (G) The minor will be in substitute care because the
25 minor cannot be provided for in a home environment due to
26 developmental disabilities or mental illness or because
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1 the minor is a danger to self or others, provided that
2 goals (A) through (D) have been deemed inappropriate and
3 not in the child's best interests.
4 In selecting any permanency goal, the court shall indicate
5 in writing the reasons the goal was selected and why the
6 preceding goals were deemed inappropriate and not in the
7 child's best interest. Where the court has selected a
8 permanency goal other than (A), (B), or (B-1), the Department
9 of Children and Family Services shall not provide further
10 reunification services, except as provided in paragraph (F) of
11 this subsection (2), but shall provide services consistent
12 with the goal selected.
13 (H) Notwithstanding any other provision in this
14 Section, the court may select the goal of continuing
15 foster care as a permanency goal if:
16 (1) The Department of Children and Family Services
17 has custody and guardianship of the minor;
18 (2) The court has deemed all other permanency
19 goals inappropriate based on the child's best
20 interest;
21 (3) The court has found compelling reasons, based
22 on written documentation reviewed by the court, to
23 place the minor in continuing foster care. Compelling
24 reasons include:
25 (a) the child does not wish to be adopted or to
26 be placed in the guardianship of the minor's
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1 relative or foster care placement;
2 (b) the child exhibits an extreme level of
3 need such that the removal of the child from the
4 minor's placement would be detrimental to the
5 child; or
6 (c) the child who is the subject of the
7 permanency hearing has existing close and strong
8 bonds with a sibling, and achievement of another
9 permanency goal would substantially interfere with
10 the subject child's sibling relationship, taking
11 into consideration the nature and extent of the
12 relationship, and whether ongoing contact is in
13 the subject child's best interest, including
14 long-term emotional interest, as compared with the
15 legal and emotional benefit of permanence;
16 (4) The child has lived with the relative or
17 foster parent for at least one year; and
18 (5) The relative or foster parent currently caring
19 for the child is willing and capable of providing the
20 child with a stable and permanent environment.
21 The court shall set a permanency goal that is in the best
22 interest of the child. In determining that goal, the court
23 shall consult with the minor in an age-appropriate manner
24 regarding the proposed permanency or transition plan for the
25 minor. The court's determination shall include the following
26 factors:
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1 (1) Age of the child.
2 (2) Options available for permanence, including both
3 out-of-state and in-state placement options.
4 (3) Current placement of the child and the intent of
5 the family regarding adoption.
6 (4) Emotional, physical, and mental status or
7 condition of the child.
8 (5) Types of services previously offered and whether
9 or not the services were successful and, if not
10 successful, the reasons the services failed.
11 (6) Availability of services currently needed and
12 whether the services exist.
13 (7) Status of siblings of the minor.
14 The court shall consider (i) the permanency goal contained
15 in the service plan, (ii) the appropriateness of the services
16 contained in the plan and whether those services have been
17 provided, (iii) whether reasonable efforts have been made by
18 all the parties to the service plan to achieve the goal, and
19 (iv) whether the plan and goal have been achieved. All
20 evidence relevant to determining these questions, including
21 oral and written reports, may be admitted and may be relied on
22 to the extent of their probative value.
23 The court shall make findings as to whether, in violation
24 of Section 8.2 of the Abused and Neglected Child Reporting
25 Act, any portion of the service plan compels a child or parent
26 to engage in any activity or refrain from any activity that is
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1 not reasonably related to remedying a condition or conditions
2 that gave rise or which could give rise to any finding of child
3 abuse or neglect. The services contained in the service plan
4 shall include services reasonably related to remedy the
5 conditions that gave rise to removal of the child from the home
6 of the child's parents, guardian, or legal custodian or that
7 the court has found must be remedied prior to returning the
8 child home. Any tasks the court requires of the parents,
9 guardian, or legal custodian or child prior to returning the
10 child home must be reasonably related to remedying a condition
11 or conditions that gave rise to or which could give rise to any
12 finding of child abuse or neglect.
13 If the permanency goal is to return home, the court shall
14 make findings that identify any problems that are causing
15 continued placement of the children away from the home and
16 identify what outcomes would be considered a resolution to
17 these problems. The court shall explain to the parents that
18 these findings are based on the information that the court has
19 at that time and may be revised, should additional evidence be
20 presented to the court.
21 The court shall review the Sibling Contact Support Plan
22 developed or modified under subsection (f) of Section 7.4 of
23 the Children and Family Services Act, if applicable. If the
24 Department has not convened a meeting to develop or modify a
25 Sibling Contact Support Plan, or if the court finds that the
26 existing Plan is not in the child's best interest, the court
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1 may enter an order requiring the Department to develop,
2 modify, or implement a Sibling Contact Support Plan, or order
3 mediation.
4 If the goal has been achieved, the court shall enter
5 orders that are necessary to conform the minor's legal custody
6 and status to those findings.
7 If, after receiving evidence, the court determines that
8 the services contained in the plan are not reasonably
9 calculated to facilitate achievement of the permanency goal,
10 the court shall put in writing the factual basis supporting
11 the determination and enter specific findings based on the
12 evidence. The court also shall enter an order for the
13 Department to develop and implement a new service plan or to
14 implement changes to the current service plan consistent with
15 the court's findings. The new service plan shall be filed with
16 the court and served on all parties within 45 days of the date
17 of the order. The court shall continue the matter until the new
18 service plan is filed. Except as authorized by subsection
19 (2.5) of this Section and as otherwise specifically authorized
20 by law, the court is not empowered under this Section to order
21 specific placements, specific services, or specific service
22 providers to be included in the service plan.
23 A guardian or custodian appointed by the court pursuant to
24 this Act shall file updated case plans with the court every 6
25 months.
26 Rights of wards of the court under this Act are
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1 enforceable against any public agency by complaints for relief
2 by mandamus filed in any proceedings brought under this Act.
3 (2.5) If, after reviewing the evidence, including evidence
4 from the Department, the court determines that the minor's
5 current or planned placement is not necessary or appropriate
6 to facilitate achievement of the permanency goal, the court
7 shall put in writing the factual basis supporting its
8 determination and enter specific findings based on the
9 evidence. If the court finds that the minor's current or
10 planned placement is not necessary or appropriate, the court
11 may enter an order directing the Department to implement a
12 recommendation by the minor's treating clinician or a
13 clinician contracted by the Department to evaluate the minor
14 or a recommendation made by the Department. If the Department
15 places a minor in a placement under an order entered under this
16 subsection (2.5), the Department has the authority to remove
17 the minor from that placement when a change in circumstances
18 necessitates the removal to protect the minor's health,
19 safety, and best interest. If the Department determines
20 removal is necessary, the Department shall notify the parties
21 of the planned placement change in writing no later than 10
22 days prior to the implementation of its determination unless
23 remaining in the placement poses an imminent risk of harm to
24 the minor, in which case the Department shall notify the
25 parties of the placement change in writing immediately
26 following the implementation of its decision. The Department
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1 shall notify others of the decision to change the minor's
2 placement as required by Department rule.
3 (3) Following the permanency hearing, the court shall
4 enter a written order that includes the determinations
5 required under subsection (2) of this Section and sets forth
6 the following:
7 (a) The future status of the minor, including the
8 permanency goal, and any order necessary to conform the
9 minor's legal custody and status to such determination; or
10 (b) If the permanency goal of the minor cannot be
11 achieved immediately, the specific reasons for continuing
12 the minor in the care of the Department of Children and
13 Family Services or other agency for short-term placement,
14 and the following determinations:
15 (i) (Blank).
16 (ii) Whether the services required by the court
17 and by any service plan prepared within the prior 6
18 months have been provided and (A) if so, whether the
19 services were reasonably calculated to facilitate the
20 achievement of the permanency goal or (B) if not
21 provided, why the services were not provided.
22 (iii) Whether the minor's current or planned
23 placement is necessary, and appropriate to the plan
24 and goal, recognizing the right of minors to the least
25 restrictive (most family-like) setting available and
26 in close proximity to the parents' home consistent
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1 with the health, safety, best interest, and special
2 needs of the minor and, if the minor is placed
3 out-of-state, whether the out-of-state placement
4 continues to be appropriate and consistent with the
5 health, safety, and best interest of the minor.
6 (iv) (Blank).
7 (v) (Blank).
8 (c) If the permanency goal is independence or home
9 environment not appropriate and the minor is 18 years old
10 or older, the court shall schedule Successful Transition
11 to Adulthood Review hearings consistent with Section
12 2-28.2.
13 (4) The minor or any person interested in the minor may
14 apply to the court for a change in custody of the minor and the
15 appointment of a new custodian or guardian of the person or for
16 the restoration of the minor to the custody of the minor's
17 parents or former guardian or custodian.
18 When return home is not selected as the permanency goal:
19 (a) The Department, the minor, or the current foster
20 parent or relative caregiver seeking private guardianship
21 may file a motion for private guardianship of the minor.
22 Appointment of a guardian under this Section requires
23 approval of the court.
24 (b) The State's Attorney may file a motion to
25 terminate parental rights of any parent who has failed to
26 make reasonable efforts to correct the conditions which
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1 led to the removal of the child or reasonable progress
2 toward the return of the child, as defined in subdivision
3 (D)(m) of Section 1 of the Adoption Act or for whom any
4 other unfitness ground for terminating parental rights as
5 defined in subdivision (D) of Section 1 of the Adoption
6 Act exists.
7 When parental rights have been terminated for a
8 minimum of 3 years and the child who is the subject of the
9 permanency hearing is 13 years old or older and is not
10 currently placed in a placement likely to achieve
11 permanency, the Department of Children and Family Services
12 shall make reasonable efforts to locate parents whose
13 rights have been terminated, except when the Court
14 determines that those efforts would be futile or
15 inconsistent with the subject child's best interests. The
16 Department of Children and Family Services shall assess
17 the appropriateness of the parent whose rights have been
18 terminated, and shall, as appropriate, foster and support
19 connections between the parent whose rights have been
20 terminated and the youth. The Department of Children and
21 Family Services shall document its determinations and
22 efforts to foster connections in the child's case plan.
23 Custody of the minor shall not be restored to any parent,
24 guardian, or legal custodian in any case in which the minor is
25 found to be neglected or abused under Section 2-3 or dependent
26 under Section 2-4 of this Act, unless the minor can be cared
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1 for at home without endangering the minor's health or safety
2 and it is in the best interest of the minor, and if such
3 neglect, abuse, or dependency is found by the court under
4 paragraph (1) of Section 2-21 of this Act to have come about
5 due to the acts or omissions or both of such parent, guardian,
6 or legal custodian, until such time as an investigation is
7 made as provided in paragraph (5) and a hearing is held on the
8 issue of the health, safety, and best interest of the minor and
9 the fitness of such parent, guardian, or legal custodian to
10 care for the minor and the court enters an order that such
11 parent, guardian, or legal custodian is fit to care for the
12 minor. If a motion is filed to modify or vacate a private
13 guardianship order and return the child to a parent, guardian,
14 or legal custodian, the court may order the Department of
15 Children and Family Services to assess the minor's current and
16 proposed living arrangements and to provide ongoing monitoring
17 of the health, safety, and best interest of the minor during
18 the pendency of the motion to assist the court in making that
19 determination. In the event that the minor has attained 18
20 years of age and the guardian or custodian petitions the court
21 for an order terminating the minor's guardianship or custody,
22 guardianship or custody shall terminate automatically 30 days
23 after the receipt of the petition unless the court orders
24 otherwise. No legal custodian or guardian of the person may be
25 removed without the legal custodian's or guardian's consent
26 until given notice and an opportunity to be heard by the court.
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1 When the court orders a child restored to the custody of
2 the parent or parents, the court shall order the parent or
3 parents to cooperate with the Department of Children and
4 Family Services and comply with the terms of an after-care
5 plan, or risk the loss of custody of the child and possible
6 termination of their parental rights. The court may also enter
7 an order of protective supervision in accordance with Section
8 2-24.
9 If the minor is being restored to the custody of a parent,
10 legal custodian, or guardian who lives outside of Illinois,
11 and an Interstate Compact has been requested and refused, the
12 court may order the Department of Children and Family Services
13 to arrange for an assessment of the minor's proposed living
14 arrangement and for ongoing monitoring of the health, safety,
15 and best interest of the minor and compliance with any order of
16 protective supervision entered in accordance with Section
17 2-24.
18 (5) Whenever a parent, guardian, or legal custodian files
19 a motion for restoration of custody of the minor, and the minor
20 was adjudicated neglected, abused, or dependent as a result of
21 physical abuse, the court shall cause to be made an
22 investigation as to whether the movant has ever been charged
23 with or convicted of any criminal offense which would indicate
24 the likelihood of any further physical abuse to the minor.
25 Evidence of such criminal convictions shall be taken into
26 account in determining whether the minor can be cared for at
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1 home without endangering the minor's health or safety and
2 fitness of the parent, guardian, or legal custodian.
3 (a) Any agency of this State or any subdivision
4 thereof shall cooperate with the agent of the court in
5 providing any information sought in the investigation.
6 (b) The information derived from the investigation and
7 any conclusions or recommendations derived from the
8 information shall be provided to the parent, guardian, or
9 legal custodian seeking restoration of custody prior to
10 the hearing on fitness and the movant shall have an
11 opportunity at the hearing to refute the information or
12 contest its significance.
13 (c) All information obtained from any investigation
14 shall be confidential as provided in Section 5-150 of this
15 Act.
16 (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
17 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
18 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24.)
19 (705 ILCS 405/2-28.2 new)
20 Sec. 2-28.2. Successful Transition to Adulthood Review
21 hearings.
22 (a) The court shall conduct Successful Transition to
23 Adulthood Review hearings for minors who are 18 years old and
24 older for whom the court has entered a goal of independence or
25 home environment not appropriate in accordance with Section
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1 2-28. At a minimum, the court shall conduct such hearings
2 within 6 months of the minor's 18th, 19th, and 20th birthdays.
3 The court may schedule additional review hearings as necessary
4 and in the minor's best interest. Hearings conducted under
5 this Section may be conducted contemporaneously with the
6 minor's permanency hearing under Section 2-28.
7 (b) Fourteen days in advance of the hearing, the
8 Department shall provide the court with a written report that
9 includes the following information:
10 (1) a copy of the Countdown to 21 plan developed for
11 the minor and the youth-driven transition plan or the ILO
12 TLP Quarterly Discharge Launch Plan;
13 (2) a description of the documents necessary for adult
14 living as provided in Section 35.10 of the Children and
15 Family Services Act that the minor has, the documents the
16 minor continues to need, and the Department's plan to
17 ensure the minor has such documents prior to case closure;
18 (3) a description of the Department's efforts to
19 assist the youth in developing and maintaining connections
20 with supportive adults; and
21 (4) for youth who are likely to need an adult
22 guardian, a description of the Department's efforts to
23 obtain any necessary assessments.
24 (c) At the review hearing the court shall:
25 (1) review the Department's efforts to assist the
26 minor in developing and implementing a youth-driven plan
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1 to transition out of the Department's care;
2 (2) review the plan developed by the Department and
3 the minor to ensure that it is reasonably likely to ensure
4 the minor can live independent of supports from the
5 Department;
6 (3) review the Department's efforts to assist the
7 minor in accomplishing the plan;
8 (4) review the Department's efforts to ensure the
9 minor has documents necessary for adult living, as defined
10 in Section 35.10 of the Children and Family Services Act,
11 prior to case closure;
12 (5) review the Department's efforts to ensure that the
13 minor is aware of available supports and services
14 post-case closure and how to access such supports and
15 services, if applicable; and
16 (6) review the Department's efforts to obtain any
17 needed assessments required for minors likely to need an
18 adult guardian.
19 (d) If the court finds that the Department's plan for the
20 youth is not in the minor's best interest or will not be
21 reasonably likely to result in a successful transition to
22 independence from the Department, the court shall make
23 specific factual findings supporting its findings and order
24 the Department to develop a new plan with the minor consistent
25 with the court's findings. If the court finds that the
26 Department has failed to make reasonable efforts to assist the
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1 minor in developing a plan, assist the minor in accomplishing
2 the plan, ensure the minor has documents necessary for adult
3 living as defined in Section 35.10 of the Children and Family
4 Services Act, ensure the minor is aware of available supports
5 and services post-case closure and how to access such supports
6 and services, or obtain any necessary assessments for minors
7 that will likely need an adult guardian, then the court shall
8 make specific factual findings and may enter such orders it
9 deems necessary to ensure that the minor is prepared to
10 achieve the goal of independence when the minor turns 21 years
11 old.
12 (705 ILCS 405/2-33)
13 Sec. 2-33. Supplemental petition to reinstate wardship.
14 (1) Any time prior to a minor's 18th birthday, pursuant to
15 a supplemental petition filed under this Section, the court
16 may reinstate wardship and open a previously closed case when:
17 (a) wardship and guardianship under the Juvenile Court
18 Act of 1987 was vacated in conjunction with the
19 appointment of a private guardian under the Probate Act of
20 1975;
21 (b) the minor is not presently a ward of the court
22 under Article II of this Act nor is there a petition for
23 adjudication of wardship pending on behalf of the minor;
24 and
25 (c) it is in the minor's best interest that wardship
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1 be reinstated.
2 (2) Any time prior to a minor's 21st birthday, pursuant to
3 a supplemental petition filed under this Section, the court
4 may reinstate wardship and open a previously closed case when:
5 (a) wardship and guardianship under this Act was
6 vacated pursuant to:
7 (i) an order entered under subsection (2) of
8 Section 2-31 in the case of a minor over the age of 18;
9 (ii) closure of a case under subsection (2) of
10 Section 2-31 in the case of a minor under the age of 18
11 who has been partially or completely emancipated in
12 accordance with the Emancipation of Minors Act; or
13 (iii) an order entered under subsection (3) of
14 Section 2-31 based on the minor's attaining the age of
15 19 years before the effective date of this amendatory
16 Act of the 101st General Assembly;
17 (b) the minor is not presently a ward of the court
18 under Article II of this Act nor is there a petition for
19 adjudication of wardship pending on behalf of the minor;
20 and
21 (c) it is in the minor's best interest that wardship
22 be reinstated.
23 (3) The supplemental petition must be filed in the same
24 proceeding in which the original adjudication order was
25 entered. Unless excused by court for good cause shown, the
26 petitioner shall give notice of the time and place of the
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1 hearing on the supplemental petition, in person or by mail, to
2 the minor, if the minor is 14 years of age or older, and to the
3 parties to the juvenile court proceeding. Notice shall be
4 provided at least 3 court days in advance of the hearing date.
5 (3.5) Whenever a petition is filed to reinstate wardship
6 pursuant to subsection (1), prior to granting the petition,
7 the court may order the Department of Children and Family
8 Services to assess the minor's current and proposed living
9 arrangements and to provide ongoing monitoring of the health,
10 safety, and best interest of the minor during the pendency of
11 the petition to assist the court in making that determination.
12 (4) A minor who is the subject of a petition to reinstate
13 wardship under this Section shall be provided with
14 representation in accordance with Sections 1-5 and 2-17 of
15 this Act.
16 (5) Whenever a minor is committed to the Department of
17 Children and Family Services for care and services following
18 the reinstatement of wardship under this Section, the
19 Department shall:
20 (a) Within 30 days of such commitment, prepare and
21 file with the court a case plan which complies with the
22 federal Adoption Assistance and Child Welfare Act of 1980
23 and is consistent with the health, safety and best
24 interests of the minor; and
25 (b) Promptly refer the minor for such services as are
26 necessary and consistent with the minor's health, safety
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1 and best interests.
2 (6) Whenever the court grants a petition to reinstate
3 wardship under this Section, the court shall schedule the case
4 for a permanency hearing in accordance with Section 2-28 and,
5 if the minor is 18 years old or older, a Successful Transition
6 to Adulthood Review hearing in accordance with Section 2-28.2.
7 (Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
8 (705 ILCS 405/5-745)
9 Sec. 5-745. Court review.
10 (1) The court may require any legal custodian or guardian
11 of the person appointed under this Act, including the
12 Department of Juvenile Justice for youth committed under
13 Section 5-750 of this Act, to report periodically to the court
14 or may cite the legal custodian or guardian into court and
15 require the legal custodian or guardian, or the legal
16 custodian's or guardian's agency, to make a full and accurate
17 report of the doings of the legal custodian, guardian, or
18 agency on behalf of the minor, including efforts to secure
19 post-release placement of the youth after release from the
20 Department's facilities. The legal custodian or guardian,
21 within 10 days after the citation, shall make the report,
22 either in writing verified by affidavit or orally under oath
23 in open court, or otherwise as the court directs. Upon the
24 hearing of the report the court may remove the legal custodian
25 or guardian and appoint another in the legal custodian's or
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1 guardian's stead or restore the minor to the custody of the
2 minor's parents or former guardian or legal custodian.
3 (2) If the Department of Children and Family Services is
4 appointed legal custodian or guardian of a minor under Section
5 5-740 of this Act, the Department of Children and Family
6 Services shall file updated case plans with the court every 6
7 months. Every agency which has guardianship of a child shall
8 file a supplemental petition for court review, or review by an
9 administrative body appointed or approved by the court and
10 further order within 18 months of the sentencing order and
11 each 18 months thereafter. The petition shall state facts
12 relative to the child's present condition of physical, mental
13 and emotional health as well as facts relative to the minor's
14 present custodial or foster care. The petition shall be set
15 for hearing and the clerk shall mail 10 days notice of the
16 hearing by certified mail, return receipt requested, to the
17 person or agency having the physical custody of the child, the
18 minor and other interested parties unless a written waiver of
19 notice is filed with the petition.
20 If the minor is in the custody of the Illinois Department
21 of Children and Family Services, pursuant to an order entered
22 under this Article, the court shall conduct permanency
23 hearings as set out in subsections (1), (2), and (3) of Section
24 2-28 of Article II of this Act and Successful Transition to
25 Adulthood Review hearings as set out in Section 2-28.2 of
26 Article II of this Act.
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1 Rights of wards of the court under this Act are
2 enforceable against any public agency by complaints for relief
3 by mandamus filed in any proceedings brought under this Act.
4 (3) The minor or any person interested in the minor may
5 apply to the court for a change in custody of the minor and the
6 appointment of a new custodian or guardian of the person or for
7 the restoration of the minor to the custody of the minor's
8 parents or former guardian or custodian. In the event that the
9 minor has attained 18 years of age and the guardian or
10 custodian petitions the court for an order terminating the
11 minor's guardianship or custody, guardianship or legal custody
12 shall terminate automatically 30 days after the receipt of the
13 petition unless the court orders otherwise. No legal custodian
14 or guardian of the person may be removed without the legal
15 custodian's or guardian's consent until given notice and an
16 opportunity to be heard by the court.
17 (4) If the minor is committed to the Department of
18 Juvenile Justice under Section 5-750 of this Act, the
19 Department shall notify the court in writing of the occurrence
20 of any of the following:
21 (a) a critical incident involving a youth committed to
22 the Department; as used in this paragraph (a), "critical
23 incident" means any incident that involves a serious risk
24 to the life, health, or well-being of the youth and
25 includes, but is not limited to, an accident or suicide
26 attempt resulting in serious bodily harm or
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1 hospitalization, psychiatric hospitalization, alleged or
2 suspected abuse, or escape or attempted escape from
3 custody, filed within 10 days of the occurrence;
4 (b) a youth who has been released by the Prisoner
5 Review Board but remains in a Department facility solely
6 because the youth does not have an approved aftercare
7 release host site, filed within 10 days of the occurrence;
8 (c) a youth, except a youth who has been adjudicated a
9 habitual or violent juvenile offender under Section 5-815
10 or 5-820 of this Act or committed for first degree murder,
11 who has been held in a Department facility for over one
12 consecutive year; or
13 (d) if a report has been filed under paragraph (c) of
14 this subsection, a supplemental report shall be filed
15 every 6 months thereafter.
16 The notification required by this subsection (4) shall contain
17 a brief description of the incident or situation and a summary
18 of the youth's current physical, mental, and emotional health
19 and the actions the Department took in response to the
20 incident or to identify an aftercare release host site, as
21 applicable. Upon receipt of the notification, the court may
22 require the Department to make a full report under subsection
23 (1) of this Section.
24 (5) With respect to any report required to be filed with
25 the court under this Section, the Independent Juvenile
26 Ombudsperson shall provide a copy to the minor's court
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