(705 ILCS 405/2‑3) (from Ch. 37, par. 802‑3)
Sec. 2‑3.
Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age who is not |
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receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well‑being, or other care necessary for his or her well‑being, including adequate food, clothing and shelter, or who is abandoned by his or her parents or other person responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare has left the minor in the care of an adult relative for any period of time; or
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(b) any minor under 18 years of age whose
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environment is injurious to his or her welfare; or
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(c) any newborn infant whose blood, urine, or
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meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant; or
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(d) any minor under the age of 14 years whose parent
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or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor.
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Whether the minor was left without regard for the mental or physical health,
safety, or welfare of that minor or the period of time was unreasonable shall
be determined by considering the following factors, including but not limited
to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether
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the minor is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
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(4) the duration of time in which the minor was left
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(5) the condition and location of the place where
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the minor was left without supervision;
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(6) the time of day or night when the minor was left
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(7) the weather conditions, including whether the
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minor was left in a location with adequate protection from the natural elements such as adequate heat or light;
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(8) the location of the parent or guardian at the
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time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
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(9) whether the minor's movement was restricted, or
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the minor was otherwise locked within a room or other structure;
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(10) whether the minor was given a phone number of a
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person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;
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(11) whether there was food and other provision left
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(12) whether any of the conduct is attributable to
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economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;
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(13) the age and physical and mental capabilities of
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the person or persons who provided supervision for the minor;
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(14) whether the minor was left under the
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supervision of another person;
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(15) any other factor that would endanger the health
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and safety of that particular minor.
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A minor shall not be considered neglected for the sole reason that the
minor has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(2) Those who are abused include any minor under 18 years of age whose
parent or immediate family member, or any person responsible
for the minor's welfare, or any person who is in the same family or household
as the minor, or any individual residing in the same home as the minor, or
a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to
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be inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
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(ii) creates a substantial risk of physical injury
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to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;
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(iii) commits or allows to be committed any sex
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offense against such minor, as such sex offenses are defined in the Criminal Code of 1961, as amended, and extending those definitions of sex offenses to include minors under 18 years of age;
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(iv) commits or allows to be committed an act or
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acts of torture upon such minor; or
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(v) inflicts excessive corporal punishment.
A minor shall not be considered abused for the sole reason that the minor
has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act.
(3) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for
himself, his parents, guardian or custodian.
(Source: P.A. 92‑408, eff. 8‑17‑01; 92‑432, eff. 8‑17‑01.)
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(705 ILCS 405/2‑10) (from Ch. 37, par. 802‑10)
Sec. 2‑10. Temporary custody hearing. At the appearance of the
minor before the court at the temporary custody hearing, all
witnesses present shall be examined before the court in relation to any
matter connected with the allegations made in the petition.
(1) If the court finds that there is not probable cause to believe
that the minor is abused, neglected or dependent it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to believe that
the minor is abused, neglected or dependent, the court shall state in writing
the factual basis supporting its finding and the minor, his or her parent,
guardian, custodian and other persons able to give relevant testimony
shall be examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated reports of abuse
and neglect, of which they are aware of through the central registry,
involving the minor's parent, guardian or custodian. After such
testimony, the court may, consistent with
the health,
safety and best interests of the minor,
enter an order that the minor shall be released
upon the request of parent, guardian or custodian if the parent, guardian
or custodian appears to take custody. Custodian shall include any agency of
the State which has been given custody or wardship of the child. If it is
consistent with the health, safety and best interests of the
minor, the
court may also prescribe shelter care and
order that the minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of Children and Family
Services or a licensed child welfare
agency; however, a minor charged with a
criminal offense under the Criminal Code of 1961 or adjudicated delinquent
shall not be placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less than 13
years of age and committed to the Department of Children and Family Services
under Section 5‑710 of this Act or a minor for whom an independent
basis of
abuse, neglect, or dependency exists, which must be defined by departmental
rule.
In placing the minor, the Department or other
agency shall, to the extent
compatible with the court's order, comply with Section 7 of the Children and
Family Services Act.
In determining
the health, safety and best interests of the minor to prescribe shelter
care, the court must
find that it is a matter of immediate and urgent necessity for the safety
and protection
of the minor or of the person or property of another that the minor be placed
in a shelter care facility or that he or she is likely to flee the jurisdiction
of the court, and must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to
prevent or eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department of Children and
Family Services as to the reasonable efforts that were made to prevent or
eliminate the necessity of removal of the minor from his or her home or the
reasons why no efforts reasonably could be made to prevent or eliminate the
necessity of removal. When a minor is placed in the home of a relative, the
Department of Children and Family Services shall complete a preliminary
background review of the members of the minor's custodian's household in
accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter care facility of
the Department of Children and
Family Services or a licensed child welfare agency, the court shall, upon
request of the appropriate Department or other agency, appoint the
Department of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to the minor or
his family to ameliorate the causes contributing to the finding of probable
cause or to the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent‑child visiting plan, within 10 days, excluding weekends and holidays, after the appointment. The parent‑child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents. For good cause, the court may waive the requirement to file the parent‑child visiting plan or extend the time for filing the parent‑child visiting plan. Any party may, by motion, request the court to review the parent‑child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal and is consistent with the minor's best interest. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel. Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present. If upon motion of the party to review the plan and after receiving evidence, the court determines that the parent‑child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent‑child contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court shall enter an order for the Department to implement changes to the parent‑child visiting plan, consistent with the court's findings. At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent‑child visiting plan. Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent‑child contacts, without further court orders. Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent‑child contact, without either amending the parent‑child visiting plan or obtaining a court order, where the Department or its assigns reasonably believe that continuation of parent‑child contact, as set out in the parent‑child visiting plan, would be contrary to the child's health, safety, and welfare. The Department shall file with the court and serve on the parties any amendments to the visitation plan within 10 days, excluding weekends and holidays, of the change of the visitation. Any party may, by motion, request the court to review the parent‑child visiting plan to determine whether the parent‑child visiting plan is reasonably calculated to expeditiously facilitate the achievement of the permanency goal, and is consistent with the minor's health, safety, and best interest.
Acceptance of services shall not be considered an admission of any
allegation in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it is
consistent with the health, safety and best
interests of the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings concerning the
immediate and urgent necessity for the protection of the minor or of the person
or property of another and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the removal of the minor
from his or her home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary custodian shall
maintain a copy of the court order and written findings in the case record
for the child. The order together with the court's findings of fact in
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the Department of
Children
and Family
Services for his or her protection, the court shall admonish the parents,
guardian,
custodian or responsible relative that the parents must cooperate with the
Department of Children and Family Services, comply
with the terms of the service plans, and correct the conditions which require
the child to be in care, or risk termination of their parental
rights.
(3) If prior to the shelter care hearing for a minor described in Sections
2‑3, 2‑4, 3‑3 and 4‑3 the moving party is unable to serve notice on the
party respondent, the shelter care hearing may proceed ex‑parte. A shelter
care order from an ex‑parte hearing shall be endorsed with the date and
hour of issuance and shall be filed with the clerk's office and entered of
record. The order shall expire after 10 days from the time it is issued
unless before its expiration it is renewed, at a hearing upon appearance
of the party respondent, or upon an affidavit of the moving party as to all
diligent efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and shall be
personally delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to notice. The
notice shall also state the nature of the allegations, the nature of the
order sought by the State, including whether temporary custody is sought,
and the consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written notices or publication
notices of proceedings in this case, including the filing of an amended
petition or a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the
right of
the parties and the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the
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Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons:
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.............................................. and (2)
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that there is "immediate and urgent necessity" to remove the child or children from the responsible relative.
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YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
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PLACEMENT of the child or children in foster care until a trial can be held. A trial may not be held for up to 90 days. You will not be entitled to further notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights.
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At the shelter care hearing, parents have the
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1. To ask the court to appoint a lawyer if they
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2. To ask the court to continue the hearing to
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allow them time to prepare.
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3. To present evidence concerning:
a. Whether or not the child or children were
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abused, neglected or dependent.
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b. Whether or not there is "immediate and
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urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal).
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c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
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notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of ................. To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following:
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1. That you were not present at the shelter care
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2. That you did not get adequate notice
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(explaining how the notice was inadequate).
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3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
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your filing this affidavit.
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At the rehearing, your rights are the same as at the
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initial shelter care hearing. The enclosed notice explains those rights.
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At the Shelter Care Hearing, children have the
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1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
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present testimony concerning:
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a. Whether they are abused, neglected or
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b. Whether there is "immediate and urgent
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necessity" to be removed from home.
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c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings
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(4) If the parent, guardian, legal custodian, responsible relative,
minor age 8 or over, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may file an
affidavit setting forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court shall
proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the minor
taken into custody is a person described in subsection (3) of Section
5‑105 may the minor be
kept or detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police station. Minors
under 17 years of age must be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer within the
time period as specified in Section 2‑9, the minor must immediately be
released from custody.
(8) If neither the parent, guardian or custodian appears within 24
hours to take custody of a minor released upon request pursuant to
subsection (2) of this Section, then the clerk of the court shall set the
matter for rehearing not later than 7 days after the original order and
shall issue a summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not appear at such
rehearing, the judge may enter an order prescribing that the minor be kept
in a suitable place designated by the Department of Children and Family
Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this
Section any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family under a
service plan pursuant to Section 8.2 of the Abused and Neglected Child
Reporting Act, foster parent, or any of their representatives, on notice
to all parties entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a
temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
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necessity that the minor remain in shelter care; or
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(b) There is a material change in the circumstances
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of the natural family from which the minor was removed and the child can be cared for at home without endangering the child's health or safety; or
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(c) A person not a party to the alleged abuse,
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neglect or dependency, including a parent, relative or legal guardian, is capable of assuming temporary custody of the minor; or
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(d) Services provided by the Department of Children
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and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home without endangering the child's health or safety.
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In ruling on the motion, the court shall determine whether it is consistent
with the health, safety and best interests of the minor to modify
or vacate a temporary custody order.
The clerk shall set the matter for hearing not later than 14 days after
such motion is filed. In the event that the court modifies or vacates a
temporary custody order but does not vacate its finding of probable cause,
the court may order that appropriate services be continued or initiated in
behalf of the minor and his or her family.
(10) When the court finds or has found that there is probable cause to
believe a minor is an abused minor as described in subsection (2) of Section
2‑3
and that there is an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be presumed for
any other minor residing in the same household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
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neglect petition pending before the court; and
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(b) A party to the petition is seeking shelter care
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Once the presumption of immediate and urgent necessity has been raised, the
burden of demonstrating the lack of immediate and urgent necessity shall be on
any party that is opposing shelter care for the other minor.
(Source: P.A. 94‑604, eff. 1‑1‑06.)
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(705 ILCS 405/2‑13) (from Ch. 37, par. 802‑13)
Sec. 2‑13.
Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion, consistent with the
health, safety and best interests of the minor may direct the
filing through the State's Attorney of a petition in respect of a minor
under this Act. The petition and all subsequent court documents shall be
entitled "In the interest of ...., a minor".
(2) The petition shall be verified but the statements may be made
upon information and belief. It shall allege that the minor is
abused, neglected, or dependent, with citations to the appropriate
provisions of this Act,
and set forth (a) facts sufficient to bring the minor
under Section 2‑3 or 2‑4 and to inform respondents of the cause of action,
including, but not limited to, a plain and concise statement of the factual
allegations that form the basis for the filing of the petition; (b) the name,
age and residence of the minor; (c) the names and residences of his parents;
(d) the name and residence of his
legal guardian or the person or persons having custody or control of the
minor, or of the nearest known relative if no parent or guardian can be
found; and (e) if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which such temporary custody
was ordered by the
court or the date set for a temporary custody hearing. If any of the facts
herein required are not known by the petitioner, the petition shall so
state.
(3) The petition must allege that it is in the best interests of the
minor and of the public that he be adjudged a ward of the court and may
pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship.
(4) If termination of parental rights and appointment of a guardian of the
person with power to consent to adoption of the minor under Section 2‑29 is
sought, the petition shall so state. If the petition includes this request,
the prayer for relief shall clearly and obviously state that the parents could
permanently lose their rights as a parent at this hearing.
In addition to the foregoing, the petitioner, by motion, may request the
termination of parental rights and appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2‑29 at any time after
the entry of a dispositional order under Section 2‑22.
(4.5) (a) With respect to any minors committed to its care pursuant to
this Act, the Department of Children and Family Services shall request the
State's Attorney to file a petition or motion for termination of parental
rights and appointment of guardian of the person with power to consent to
adoption of the minor under Section 2‑29 if:
(i) a minor has been in foster care, as described in |
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subsection (b), for 15 months of the most recent 22 months; or
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(ii) a minor under the age of 2 years has been
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previously determined to be abandoned at an adjudicatory hearing; or
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(iii) the parent is criminally convicted of (A)
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first degree murder or second degree murder of any child, (B) attempt or conspiracy to commit first degree murder or second degree murder of any child, (C) solicitation to commit murder of any child, solicitation to commit murder for hire of any child, or solicitation to commit second degree murder of any child, (D) aggravated battery, aggravated battery of a child, or felony domestic battery, any of which has resulted in serious injury to the minor or a sibling of the minor, (E) aggravated criminal sexual assault in violation of subdivision (b)(1) of Section 12‑14 of the Criminal Code of 1961, or (F) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses
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unless:
(i) the child
is being cared for by a relative,
(ii) the Department has documented in the case plan
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a compelling reason for determining that filing such petition would not be in the best interests of the child,
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(iii) the court has found within the preceding 12
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months that the Department has failed to make reasonable efforts to reunify the child and family, or
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(iv) paragraph (c) of this subsection (4.5) provides
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(b) For purposes of this subsection, the date of entering foster care is
defined as the earlier of:
(1) The date of a judicial finding at an
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adjudicatory hearing that the child is an abused, neglected, or dependent minor; or
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(2) 60 days after the date on which the child is
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removed from his or her parent, guardian, or legal custodian.
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(c) With respect to paragraph (a)(i), the following transition rules shall
apply:
(1) If the child entered foster care after November
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19, 1997 and this amendatory Act of 1998 takes effect before the child has been in foster care for 15 months of the preceding 22 months, then the Department shall comply with the requirements of paragraph (a) of this subsection (4.5) for that child as soon as the child has been in foster care for 15 of the preceding 22 months.
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(2) If the child entered foster care after November
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19, 1997 and this amendatory Act of 1998 takes effect after the child has been in foster care for 15 of the preceding 22 months, then the Department shall comply with the requirements of paragraph (a) of this subsection (4.5) for that child within 3 months after the end of the next regular session of the General Assembly.
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(3) If the child entered foster care prior to
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November 19, 1997, then the Department shall comply with the requirements of paragraph (a) of this subsection (4.5) for that child in accordance with Department policy or rule.
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(d) If the State's Attorney determines that the Department's request for
filing of a petition or motion conforms to the requirements set forth in
subdivisions (a), (b), and (c) of this subsection (4.5), then the State's
Attorney shall file the petition or motion as requested.
(5) The court shall liberally allow the petitioner to amend the petition to
set forth a cause of action or to add, amend, or supplement factual allegations
that form the basis for a cause of action up until 14 days before the
adjudicatory hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants leave to amend upon a
showing of good cause.
The court may allow amendment of the
petition to conform with the evidence at any time prior to ruling. In all
cases in which the court has granted leave to amend based on new evidence or
new allegations, the court shall permit
the respondent an adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or before final closing
and discharge under Section 2‑31, one or more motions in the best interests of
the minor may be filed. The motion shall specify sufficient facts in support
of the relief requested.
(Source: P.A. 89‑704, eff. 8‑16‑97 (changed from 1‑1‑98 by P.A. 90‑443);
90‑28, eff. 1‑1‑98; 90‑608, eff. 6‑30‑98.)
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(705 ILCS 405/2‑13.1)
Sec. 2‑13.1.
Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent to, the filing of a
petition on behalf of a minor in accordance with Section 2‑13 of this Act, the
State's Attorney, the guardian ad litem, or the Department of Children and
Family Services may file a motion
requesting a finding that reasonable efforts to reunify that minor with his or
her parent or parents are no longer required and are to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that the parent has:
(i) had his or her parental rights to another child |
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of the parent involuntarily terminated; or
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(ii) been convicted of:
(A) first degree or second degree murder of
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another child of the parent;
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(B) attempt or conspiracy to commit first degree
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or second degree murder of another child of the parent;
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(C) solicitation to commit murder of another
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child of the parent, solicitation to commit murder for hire of another child of the parent, or solicitation to commit second degree murder of another child of the parent;
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(D) aggravated battery, aggravated battery of a
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child, or felony domestic battery, any of which has resulted in serious bodily injury to the minor or another child of the parent; or
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(E) an offense in any other state the elements
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of which are similar and bear substantial relationship to any of the foregoing offenses
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unless the
court sets forth in writing a compelling reason why terminating reasonable
efforts to reunify the minor with the parent would not be in the best interests
of that
minor.
(c) The court shall also grant this motion with respect to a parent of the
minor if:
(i) after a hearing it determines that further
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reunification services would no longer be appropriate, and
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(ii) a dispositional hearing has already taken place.
(2) (a) The court shall hold a permanency hearing within 30 days of
granting a motion pursuant to this subsection. If an adjudicatory or a
dispositional hearing, or both, has not taken place when the court grants a
motion
pursuant to this Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency hearing is held
pursuant to this subsection.
(b) Following a permanency hearing held pursuant to paragraph (a) of this
subsection, the appointed custodian or guardian of the minor shall make
reasonable efforts to place the child in accordance with the permanency plan
and goal set by the court, and to complete the necessary steps to locate and
finalize a permanent placement.
(Source: P.A. 90‑608, eff. 6‑30‑98.)
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(705 ILCS 405/2‑17) (from Ch. 37, par. 802‑17)
Sec. 2‑17.
Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is
a person described in Sections 2‑3 or 2‑4 of this Article, the court shall
appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is an |
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abused or neglected child; or
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(b) such petition alleges that charges alleging the
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commission of any of the sex offenses defined in Article 11 or in Sections 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961, as amended, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of defendant in the commission of such offense.
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Unless the guardian ad litem appointed pursuant to this paragraph
(1) is an attorney at law he shall be represented in the performance
of his duties by counsel. The guardian ad litem shall represent the best
interests of the minor and shall present recommendations to the court
consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of
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the minor appears at the first or any subsequent hearing of the case;
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(b) the petition prays for the appointment of a
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guardian with power to consent to adoption; or
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(c) the petition for which the minor is before the
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court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
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(3) The court may appoint a guardian ad litem for the minor whenever
it finds that there may be a conflict of interest between the minor and
his parents or other custodian or that it is otherwise in the minor's
best interest to do so.
(4) Unless the guardian ad litem is an attorney, he shall be
represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the
minor, to the extent they are able to pay. If the parents are unable to
pay those fees, they shall be paid from the general fund of the county.
(6) A guardian ad litem appointed under this Section, shall receive
copies of any and all classified reports of child abuse and neglect made
under the Abused and Neglected Child Reporting Act in which the minor who
is the subject of a report under the Abused and Neglected Child Reporting
Act, is also the minor for whom the guardian ad litem is appointed under
this Section.
(7) The appointed
guardian ad
litem shall remain the child's guardian ad litem throughout the entire juvenile
trial court
proceedings, including permanency hearings and termination of parental rights
proceedings, unless there is a substitution entered by order of the court.
(8) The guardian
ad
litem or an agent of the guardian ad litem shall have a minimum of one
in‑person contact with the minor and one contact with one
of the
current foster parents or caregivers prior to the
adjudicatory hearing, and at
least one additional in‑person contact with the child and one contact with
one of the
current foster
parents or caregivers after the adjudicatory hearing but
prior to the first permanency hearing
and one additional in‑person contact with the child and one contact with one
of the current
foster parents or caregivers each subsequent year. For good cause shown, the
judge may excuse face‑to‑face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but less than
3,000,000, each guardian ad litem must successfully complete a training program
approved by the Department of Children and Family Services. The Department of
Children and Family Services shall provide training materials and documents to
guardians ad litem who are not mandated to attend the training program. The
Department of Children and Family Services shall develop
and
distribute to all guardians ad litem a bibliography containing information
including but not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child abuse, and the
child's need for safety and permanence.
(Source: P.A. 89‑462, eff. 5‑29‑96;
90‑27, eff. 1‑1‑98; 90‑28, eff. 1‑1‑98.)
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(705 ILCS 405/2‑18) (from Ch. 37, par. 802‑18)
Sec. 2‑18. Evidence.
(1) At the adjudicatory hearing, the court shall first consider only the
question whether the minor is abused, neglected or dependent. The standard of
proof and the rules of evidence in the nature of civil proceedings in this
State are applicable to proceedings under this Article. If the petition also
seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2‑29, the court may
also consider legally admissible evidence at the adjudicatory hearing that one
or more grounds of unfitness exists under subdivision D of Section 1 of the
Adoption Act.
(2) In any hearing under this Act, the following shall constitute prima
facie evidence of abuse or neglect, as the case may be:
(a) proof that a minor has a medical diagnosis of |
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battered child syndrome is prima facie evidence of abuse;
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(b) proof that a minor has a medical diagnosis of
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failure to thrive syndrome is prima facie evidence of neglect;
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(c) proof that a minor has a medical diagnosis of
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fetal alcohol syndrome is prima facie evidence of neglect;
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(d) proof that a minor has a medical diagnosis at
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birth of withdrawal symptoms from narcotics or barbiturates is prima facie evidence of neglect;
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(e) proof of injuries sustained by a minor or of the
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condition of a minor of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent, custodian or guardian of such minor shall be prima facie evidence of abuse or neglect, as the case may be;
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(f) proof that a parent, custodian or guardian of a
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minor repeatedly used a drug, to the extent that it has or would ordinarily have the effect of producing in the user a substantial state of stupor, unconsciousness, intoxication, hallucination, disorientation or incompetence, or a substantial impairment of judgment, or a substantial manifestation of irrationality, shall be prima facie evidence of neglect;
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(g) proof that a parent, custodian, or guardian of a
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minor repeatedly used a controlled substance, as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, in the presence of the minor or a sibling of the minor is prima facie evidence of neglect. "Repeated use", for the purpose of this subsection, means more than one use of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act;
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(h) proof that a newborn infant's blood, urine, or
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meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of those substances, the presence of which is the result of medical treatment administered to the mother or the newborn, is prime facie evidence of neglect;
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(i) proof that a minor was present in a structure or
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vehicle in which the minor's parent, custodian, or guardian was involved in the manufacture of methamphetamine constitutes prima facie evidence of abuse and neglect.
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(3) In any hearing under this Act, proof of the abuse, neglect or dependency
of one minor shall be admissible evidence on the issue of the abuse, neglect or
dependency of any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x‑ray of any hospital or public
or private agency, whether in the form of an entry in a book or otherwise,
made as a memorandum or record of any condition, act, transaction, occurrence
or event relating to a minor in an abuse, neglect or
dependency proceeding, shall be
admissible in evidence as proof of that condition, act, transaction, occurrence
or event, if the court finds that the document was made in the regular course
of the business of the hospital or agency and that it was in the regular
course of such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A certification
by the head or responsible employee of the hospital or agency that the writing,
record, photograph or x‑ray is the full and complete record of the condition,
act, transaction, occurrence or event and that it satisfies the conditions
of this paragraph shall be prima facie evidence of the facts contained in
such certification. A certification by someone other than the head of the
hospital or agency shall be accompanied by a photocopy of a delegation of
authority signed by both the head of the hospital or agency and by such
other employee. All other circumstances of the making of the memorandum,
record, photograph or x‑ray, including lack of personal knowledge of the
maker, may be proved to affect the weight to be accorded such evidence,
but shall not affect its admissibility.
(b) Any indicated report filed pursuant to the Abused and Neglected Child
Reporting Act shall be admissible in evidence.
(c) Previous statements made by the minor relating to any allegations
of abuse or neglect shall be admissible in evidence. However, no such
statement, if uncorroborated and not subject to cross‑examination, shall be
sufficient in itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor is competent
to testify in abuse or neglect proceedings. The court shall determine how
much weight to give to the minor's testimony, and may allow the minor to
testify in chambers with only the court, the court reporter and attorneys
for the parties present.
(e) The privileged character of communication between any professional
person and patient or client, except privilege between attorney and client,
shall not apply to proceedings subject to this Article.
(f) Proof of the impairment of emotional health or impairment of mental
or emotional condition as a result of the failure of the respondent to exercise
a minimum degree of care toward a minor may include competent opinion or
expert testimony, and may include proof that such impairment lessened during
a period when the minor was in the care, custody or supervision of a person
or agency other than the respondent.
(5) In any hearing under this Act alleging neglect for failure to
provide education as required by law under subsection (1) of Section 2‑3,
proof that a minor under 13 years of age who is subject to compulsory
school attendance under the School Code is a chronic truant as defined
under the School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that a minor who
is 13 years of age or older who is subject to compulsory school attendance
under the School Code is a chronic truant shall raise a rebuttable
presumption of neglect by the parent or guardian. This subsection (5)
shall not apply in counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take judicial notice of
prior sworn testimony or evidence admitted in prior proceedings involving
the same minor if (a) the parties were either represented by counsel at such
prior proceedings or the right to counsel was knowingly waived and (b) the
taking of judicial notice would not result in admitting hearsay evidence at a
hearing where it would otherwise be prohibited.
(Source: P.A. 93‑884, eff. 1‑1‑05.)
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(705 ILCS 405/2‑21) (from Ch. 37, par. 802‑21)
Sec. 2‑21. Findings and adjudication.
(1) The court shall state for the record the manner in which the parties
received service of process and shall note whether the return or returns of
service, postal return receipt or receipts for notice by certified mail,
or certificate or certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default against any
parent who has been properly served in any manner and fails to appear.
No further service of process as defined in Sections 2‑15 and 2‑16 is
required in any subsequent proceeding for a parent who was properly served in
any manner, except as required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search conducted for the
parent.
After hearing the evidence the court shall determine whether or not the
minor is abused, neglected, or dependent. If it finds that the minor is not
such a person, the court shall order the petition dismissed and the minor
discharged. The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the factual basis
supporting that determination.
If the court finds that the minor is abused, neglected, or dependent, the
court shall then determine and put in writing the factual basis supporting
that determination, and specify, to the extent possible, the acts
or omissions or both of each parent, guardian, or legal custodian that form the
basis
of the court's findings. That finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or dependent,
the court shall admonish the parents that they must cooperate with the
Department of Children and Family Services, comply with the terms of the
service plan, and correct the conditions that require the child to be in care,
or risk termination of parental rights.
If the court determines that a person has inflicted physical or sexual
abuse upon a minor, the court shall report that determination to the Department
of State Police, which shall include that information in its report to the
President of the school board for a school district that requests a criminal history records check of that person, or the regional superintendent of schools who requests a check of that person, as required under Section 10‑21.9 or
34‑18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the court determines
and
puts in writing the factual basis supporting
the determination that the minor is either abused or neglected or dependent,
the court shall then set a time not later than 30 days after the entry of the
finding for a dispositional hearing (unless an earlier date is required
pursuant to Section 2‑13.1) to be conducted under Section 2‑22 at which
hearing the court shall determine whether it is consistent with the
health, safety and best interests of the
minor and the public that he be made a ward of the court. To assist the court
in making this and other determinations at the dispositional hearing, the court
may order that an investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and condition,
family situation and background, economic status, education, occupation,
history of delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only by consent of
all parties and approval by the court, as determined to be consistent with the
health, safety and best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for which no
dispositional hearing has been held prior to that date, a dispositional
hearing under Section 2‑22 shall be held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the following conditions are met:
(i) the original or amended petition contains a |
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request for termination of parental rights and appointment of a guardian with power to consent to adoption; and
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(ii) the court has found by a preponderance of
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evidence, introduced or stipulated to at an adjudicatory hearing, that the child comes under the jurisdiction of the court as an abused, neglected, or dependent minor under Section 2‑18; and
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(iii) the court finds, on the basis of clear and
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convincing evidence admitted at the adjudicatory hearing that the parent is an unfit person under subdivision D of Section 1 of the Adoption Act; and
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(iv) the court determines in accordance with the
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rules of evidence for dispositional proceedings, that:
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(A) it is in the best interest of the minor and
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public that the child be made a ward of the court;
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(A‑5) reasonable efforts under subsection (l‑1)
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of Section 5 of the Children and Family Services Act are inappropriate or such efforts were made and were unsuccessful; and
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(B) termination of parental rights and
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appointment of a guardian with power to consent to adoption is in the best interest of the child pursuant to Section 2‑29.
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(Source: P.A. 93‑909, eff. 8‑12‑04.)
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(705 ILCS 405/2‑22) (from Ch. 37, par. 802‑22)
Sec. 2‑22.
Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall determine whether it is in
the best interests of the minor and the public that he be made a ward of the
court, and, if he is to be made a ward of the court, the court shall determine
the proper disposition best serving the health, safety and interests of the
minor and the public.
The court also shall consider the permanency goal set for the minor, the
nature of the service plan for the minor and the services delivered and to be
delivered under the plan. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent for the purposes
of the adjudicatory hearing.
(2) Once all parties respondent have been served in compliance with
Sections 2‑15 and 2‑16, no further service or notice must be given to a party
prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
2‑20, whether successfully completed with regard to the child's health,
safety and best interest, or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the hearing
for a reasonable period to receive reports or other evidence, if the
adjournment is consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that the dispositional
hearing occurs more than 6 months after the initial removal of a minor from his
or her home. In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from his or her home
before an order of disposition has been made.
(5) Unless already set by the court, at the conclusion of the dispositional
hearing, the court shall set the date for the first permanency hearing, to be
conducted under subsection (2) of Section 2‑28, which shall be held: (a) within 12 months from the date temporary
custody was taken, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2‑21, within 30 days of the termination of parental rights and
appointment of a guardian with power to consent to adoption, or (c) in
accordance
with subsection (2) of Section 2‑13.1.
(6) When the court declares a child to be a ward of the court and awards
guardianship to the Department of Children and Family Services, (a) the
court shall
admonish the parents, guardian, custodian or responsible relative that the
parents must cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the conditions which
require the child to be in care, or risk termination of their parental
rights; and (b) the court shall inquire of the parties of any
intent to proceed with
termination of parental rights of a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or
(C) who was found in default at the adjudicatory |
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hearing and has not obtained an order setting aside the default in accordance with Section 2‑1301 of the Code of Civil Procedure.
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(Source: P.A. 92‑822, eff. 8‑21‑02.)
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(705 ILCS 405/2‑23) (from Ch. 37, par. 802‑23)
Sec. 2‑23.
Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be made in respect of
wards of the court:
(a) A minor under 18 years of age found to be |
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neglected or abused under Section 2‑3 or dependent under Section 2‑4 may be (1) continued in the custody of his or her parents, guardian or legal custodian; (2) placed in accordance with Section 2‑27; (3) restored to the custody of the parent, parents, guardian, or legal custodian, provided the court shall order the parent, parents, guardian, or legal custodian to cooperate with the Department of Children and Family Services and comply with the terms of an after‑care plan or risk the loss of custody of the child and the possible termination of their parental rights; or (4) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Mature Minors Act.
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However, in any case in which a minor is found by
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the court to be neglected or abused under Section 2‑3 of this Act, custody of the minor shall not be restored to any parent, guardian or legal custodian whose acts or omissions or both have been identified, pursuant to subsection (1) of Section 2‑21, as forming the basis for the court's finding of abuse or neglect, until such time as a hearing is held on the issue of the best interests of the minor and the fitness of such parent, guardian or legal custodian to care for the minor without endangering the minor's health or safety, and the court enters an order that such parent, guardian or legal custodian is fit to care for the minor.
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(b) A minor under 18 years of age found to be
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dependent under Section 2‑4 may be (1) placed in accordance with Section 2‑27 or (2) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Mature Minors Act.
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However, in any case in which a minor is found by
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the court to be dependent under Section 2‑4 of this Act, custody of the minor shall not be restored to any parent, guardian or legal custodian whose acts or omissions or both have been identified, pursuant to subsection (1) of Section 2‑21, as forming the basis for the court's finding of dependency, until such time as a hearing is held on the issue of the fitness of such parent, guardian or legal custodian to care for the minor without endangering the minor's health or safety, and the court enters an order that such parent, guardian or legal custodian is fit to care for the minor.
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(c) When the court awards guardianship to the
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Department of Children and Family Services, the court shall order the parents to cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions that require the child to be in care, or risk termination of their parental rights.
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(2) Any order of disposition may provide for protective supervision
under Section 2‑24 and may include an order of protection under Section 2‑25.
Unless the order of disposition expressly so provides, it does
not operate to close proceedings on the pending petition, but is subject
to modification, not inconsistent with Section 2‑28, until final closing and discharge of the proceedings under
Section 2‑31.
(3) The court also shall enter any other orders necessary to fulfill the
service plan, including, but not limited to, (i) orders requiring parties to
cooperate with services, (ii) restraining orders controlling the conduct of any
party likely to frustrate the achievement of the goal, and (iii) visiting
orders. Unless otherwise specifically authorized by law, the court is not
empowered under this subsection (3) to order specific placements, specific
services, or specific service
providers to be included in the plan. If the court concludes that the
Department of Children
and Family Services has abused its discretion in setting the current service
plan or permanency goal for the minor, the court shall enter specific
findings in writing based on the evidence and shall enter an order for the
Department to develop and implement a new permanency goal and service plan
consistent with the court's findings. The new service plan shall be filed with
the court and served on all parties. The court shall continue
the matter until the new service plan is filed.
(4) In addition to any other order of disposition, the court may order
any minor adjudicated neglected with respect to his or her own injurious
behavior to make restitution, in monetary or non‑monetary form, under the
terms and conditions of Section 5‑5‑6 of the Unified Code of Corrections,
except that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent, guardian
or legal custodian of the minor may pay some or all of such restitution on
the minor's behalf.
(5) Any order for disposition where the minor is committed or placed in
accordance with Section 2‑27 shall provide for the parents or guardian of
the estate of such minor to pay to the legal custodian or guardian of the
person of the minor such sums as are determined by the custodian or guardian
of the person of the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1 of the
Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the minor
is a chronic or habitual truant under Section 26‑2a of the School Code.
(7) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the conditions in subsection (5) of Section
2‑21 are met.
(Source: P.A. 89‑17, eff. 5‑31‑95; 89‑235, eff. 8‑4‑95; 90‑27, eff. 1‑1‑98;
90‑28, eff. 1‑1‑98; 90‑608, eff. 6‑30‑98; 90‑655, eff. 7‑30‑98.)
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(705 ILCS 405/2‑25) (from Ch. 37, par. 802‑25)
Sec. 2‑25.
Order of protection.
(1) The court may make an order of
protection in assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order may require a
person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated |
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(c) to abstain from offensive conduct against the
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minor, his parent or any person to whom custody of the minor is awarded;
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(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to
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which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
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(f) to prohibit and prevent any contact whatsoever
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with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
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(g) to refrain from acts of commission or omission
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that tend to make the home not a proper place for the minor;
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(h) to refrain from contacting the minor and the
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foster parents in any manner that is not specified in writing in the case plan.
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery under Section 12‑4.1,
aggravated battery of a child under Section 12‑4.3, criminal sexual assault
under Section 12‑13, aggravated criminal sexual assault under Section
12‑14,
predatory criminal sexual assault of a child under Section 12‑14.1,
criminal sexual abuse under Section 12‑15, or aggravated criminal
sexual abuse under Section 12‑16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the order of
protection to the Department of State Police within 24 hours of
receipt, in the form and manner required by the Department. The Department
of State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the health, safety, and best interests of the minor and the
public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act if such an order is
consistent with the
health, safety, and best interests of the minor. Any person against whom
an order of protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the hearing or
that diligent efforts have been made to notify such person, the court may
conduct a hearing. If a protective order is sought at any time other than
in conjunction with a temporary custody hearing, the court may
not conduct a hearing on the petition in the absence of the person against
whom the order is sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known address at least 5
days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1‑5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order. Unless the
court orders otherwise, such person does not have a right to inspect the court
file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued, the sheriff, other law enforcement
official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order. Any
modification of the order granted by the court must be determined to be
consistent with the best interests of the minor.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96; 90‑15, eff.
6‑13‑97; 90‑28, eff. 1‑1‑98; 90‑655, eff. 7‑30‑98.)
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(705 ILCS 405/2‑27) (from Ch. 37, par. 802‑27)
Sec. 2‑27.
Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the factual basis supporting
the determination of whether the parents, guardian, or legal custodian of a
minor adjudged a ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for, protect, train or
discipline the minor or are unwilling to do so, and that the
health, safety, and best
interest of the minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or
custodian, the court may at this hearing and at any later point:
(a) place the minor in the custody of a suitable |
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relative or other person as legal custodian or guardian;
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(a‑5) with the approval of the Department of
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Children and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; "subsidized guardianship" means a private guardianship arrangement for children for whom the permanency goals of return home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules;
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(b) place the minor under the guardianship of a
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(c) commit the minor to an agency for care or
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placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
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(d) commit the minor to the Department of Children
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and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except a minor less than 13 years of age and committed to the Department of Children and Family Services under Section 5‑710 of this Act. The Department shall be given due notice of the pendency of the action and the Guardianship Administrator of the Department of Children and Family Services shall be appointed guardian of the person of the minor. Whenever the Department seeks to discharge a minor from its care and service, the Guardianship Administrator shall petition the court for an order terminating guardianship. The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship Administrator to documents affecting the guardian‑ward relationship of children for whom he or she has been appointed guardian at such times as he or she is unable to perform the duties of his or her office. The signature authorization shall include but not be limited to matters of consent of marriage, enlistment in the armed forces, legal proceedings, adoption, major medical and surgical treatment and application for driver's license. Signature authorizations made pursuant to the provisions of this paragraph shall be filed with the Secretary of State and the Secretary of State shall provide upon payment of the customary fee, certified copies of the authorization to any court or individual who requests a copy.
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(1.5) In making a determination under this Section, the court shall also
consider
whether, based on health, safety, and the best interests of the minor,
(a) appropriate services aimed at family
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preservation and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or
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(b) no family preservation or family reunification
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services would be appropriate,
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and if the petition or amended petition
contained an allegation that the
parent is an unfit
person as defined in subdivision (D) of Section 1 of the Adoption Act, and the
order of
adjudication
recites that parental unfitness was established by clear and convincing
evidence, the court
shall, when appropriate and in the best interest of the minor, enter an
order terminating parental rights and
appointing a guardian with
power to
consent to adoption in accordance with Section 2‑29.
When making a placement, the court, wherever possible, shall
require the Department of Children and Family Services to select a person
holding the same religious belief as that of the minor or a private agency
controlled by persons of like religious faith of the minor and shall require
the Department to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever alternative plans for
placement are available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or other
person pursuant to item (a) of subsection (1),
the court shall appoint him or her the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1‑3 except as otherwise provided by order
of court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon him or her in accordance with
Section 2‑29. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor in any child care
facility, but the facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and Family Services
as meeting the standards established for such licensing. No agency may
place a minor adjudicated under Sections 2‑3 or 2‑4 in a child care facility
unless the placement is in compliance with the rules and regulations
for placement under this Section promulgated by the Department of Children
and Family Services under Section 5 of the Children and Family Services
Act. Like authority and restrictions shall be conferred by the court upon
any probation officer who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children. Placement with a parent,
however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(5) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age
of 19 years except as set forth in Section 2‑31.
(6) (Blank).
(Source: P.A. 90‑27, eff. 1‑1‑98; 90‑28, eff. 1‑1‑98; 90‑512, eff. 8‑22‑97;
90‑590, eff. 1‑1‑99; 90‑608, eff. 6‑30‑98; 90‑655, eff. 7‑30‑98; 91‑357, eff.
7‑29‑99.)
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(705 ILCS 405/2‑27.1)
Sec. 2‑27.1.
Placement; secure child care facility.
(1) A minor under 18 years of age and who is subject under Article II of
this Act to a secure child care facility may be admitted to a secure child care
facility for inpatient treatment upon application to the facility director if,
prior to admission, the facility director and the Director of the Department of
Children and Family Services or the Director's designate find that: the minor
has a mental illness or emotional disturbance, including but not limited to a
behavior disorder, of such severity that placement in a secure child care
facility is necessary because in the absence of such a placement, the minor is
likely to endanger self or others or not meet his or her basic needs and this
placement is the least restrictive alternative. Prior
to admission, a psychiatrist, clinical social worker, or clinical psychologist
who has personally examined the minor shall state in writing that the minor
meets the standards for admission.
The statement must set
forth in detail the reasons for that conclusion and shall indicate what
alternatives to secure treatment have been explored.
When the minor is placed in a child care facility which includes a secure child
care facility in addition to a less restrictive setting, and the application
for admission states that the minor will be permanently placed in the less
restrictive setting of the child care facility as part of his or her permanency
plan after the need for secure treatment has ended, the psychiatrist, clinical
social worker, or clinical psychologist shall state the reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment.
(2) The application for admission under this Section shall contain, in large
bold‑face type, a statement written in simple non‑technical terms of the
minor's right to object and the right to a hearing. A minor 12 years of age or
older
must be given a copy of the application and the statement should be explained
to him or her in an understandable manner. A copy of the application shall
also
be given to the person who executed it, the designate of the Director of the
Department of Children and Family Services, the minor's parent, the minor's
attorney, and, if the minor is 12 years of age or older, 2 other persons whom
the minor may designate, excluding persons whose whereabouts cannot reasonably
be ascertained.
(3) Thirty days after admission, the facility director shall review the
minor's record and assess the need for continuing placement in a secure child
care
facility. When the minor has been placed in a child care facility which
includes a secure child care facility in addition to a less restrictive
setting, and the application for admission states that the minor will be
permanently placed in the less restrictive setting of the child care facility
as part of his or her permanency plan after the need for secure treatment has
ended, the facility director shall review the stated reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment. The
director of the facility shall consult with the designate
of the
Director of the Department of Children
and Family Services and request authorization for continuing placement of the
minor. Request and authorization should be noted in the minor's record. Every
60 days thereafter a review shall be conducted and new authorization shall be
secured from the designate for as long as placement continues. Failure or
refusal to authorize continued placement shall constitute a request for the
minor's discharge.
(4) At any time during a minor's placement in a secure child care facility,
an
objection may be made to that placement by the minor, the minor's parents
(except where parental rights have been terminated), the minor's guardian ad
litem, or the minor's attorney. When an objection is made, the minor shall be
discharged at the earliest appropriate time not to exceed 15 days, including
Saturdays, Sundays, and holidays unless the objection is withdrawn in writing
or unless, within that time, the Director or his or her designate files with
the Court a petition for review of the admission. The petition must
be accompanied by a certificate signed by a psychiatrist, clinical social
worker, or clinical psychologist. The certificate shall be based upon a
personal examination and shall specify that the minor has a mental illness or
an emotional disturbance of such severity that placement in a secure facility
is necessary, that the minor can benefit
from the placement, that a less restrictive alternative is not appropriate, and
that the placement is in the minor's best interest.
(5) Upon receipt of a petition, the court shall set a hearing to be held
within 5 days, excluding Saturdays, Sundays, and holidays. The court shall
direct that notice of the time and place of the hearing shall be served upon
the minor, his or her attorney and the minor's guardian ad litem, the Director
of the Department of Children and Family Services or his or her designate, the
State's Attorney, and the attorney for the parents.
(6) The court shall order the minor
discharged from the secure child care facility if it determines that the minor
does not have a mental illness or
emotional disturbance of such severity that placement in a secure facility is
necessary, or if it determines that a less restrictive alternative is
appropriate.
(7) If however, the court finds that the minor does have a mental illness
or an emotional disturbance for which the minor is likely to benefit from
treatment but that a less restrictive alternative is appropriate, the court
shall
order that the Department of Children and Family Services prepare a case plan
for the minor which permits alternative treatment which is capable of providing
adequate and humane treatment in the least restrictive setting that is
appropriate to the minor's condition and serves the minor's best interests, and
shall
authorize the continued placement of the minor in the secure child care
facility. At each permanency hearing conducted thereafter, the court shall
determine whether the minor does not have a mental illness or emotional
disturbance of such severity that placement in a secure facility is necessary
or, if a less restrictive alternative is appropriate. If either of these 2
conditions are not met, the court shall order the minor discharged from the
secure child care facility.
(8) Unwillingness or inability of the Department of Children and Family
Services to find a placement for the minor shall not be grounds for the court's
refusing to order discharge of the minor.
(Source: P.A. 90‑608, eff. 6‑30‑98.)
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(705 ILCS 405/2‑28) (from Ch. 37, par. 802‑28)
Sec. 2‑28.
Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite
him into court and require him or his agency, to make a full and
accurate report of his or its doings in behalf of the minor. The
custodian or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally under oath
in open court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and appoint
another in his stead or restore the minor to the custody of his parents
or former guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in any case
in which the minor is found to be neglected or abused under Section 2‑3 or
dependent under Section 2‑4 of this
Act, unless the minor can be cared for at home without endangering the
minor's health or safety and it is in the best interests of the minor, and
if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2‑21 of
this Act to have come about due to the acts or omissions or both of such
parent, guardian
or legal custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the fitness of such parent,
guardian or legal custodian to care for the minor and the court enters an order
that such parent, guardian or legal custodian is fit to care for the minor.
(2) The first permanency hearing shall be
conducted by the judge. Subsequent permanency hearings may be
heard by a judge or by hearing officers appointed or approved by the court in
the manner set forth in Section 2‑28.1 of this Act.
The initial hearing shall be held (a) within 12 months from the date
temporary
custody was taken, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2‑21, within
30 days of the order for termination of parental rights and appointment of
a guardian with power to consent to adoption, or (c) in accordance with
subsection
(2) of Section 2‑13.1. Subsequent permanency hearings
shall be held every 6 months
or more frequently if necessary in the court's determination following the
initial permanency hearing, in accordance with the standards set forth in this
Section, until the court determines that the plan and goal have been achieved.
Once the plan and goal have been achieved, if the minor remains in substitute
care, the case shall be reviewed at least every 6 months thereafter, subject to
the provisions of this Section, unless the minor is placed in the guardianship
of a suitable relative or other person and the court determines that further
monitoring by the court does not further the health, safety or best interest of
the child and that this is a stable permanent placement.
The permanency hearings must occur within the time frames set forth in this
subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this
written report means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the minor, or another
agency responsible for the minor's care, shall ensure that all parties to the
permanency hearings are provided a copy of the most recent
service plan prepared within the prior 6 months
at least 14 days in advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any special
physical, psychological, educational, medical, emotional, or other needs of the
minor or his or her family that are relevant to a permanency or placement
determination and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to prepare for independent
living. The agency's written report must detail what progress or lack of
progress the parent has made in correcting the conditions requiring the child
to be in care; whether the child can be returned home without jeopardizing the
child's health, safety, and welfare, and if not, what permanency goal is
recommended to be in the best interests of the child, and why the other
permanency goals are not appropriate. The caseworker must appear and testify
at the permanency hearing. If a permanency hearing has not previously been
scheduled by the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time frames set forth
in this subsection.
At the permanency hearing, the court shall determine the future status
of the child. The court shall set one of the following permanency goals:
(A) The minor will be returned home by a specific |
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(B) The minor will be in short‑term care with a
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continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor.
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(B‑1) The minor will be in short‑term care with a
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continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed.
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(C) The minor will be in substitute care pending
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court determination on termination of parental rights.
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(D) Adoption, provided that parental rights have
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been terminated or relinquished.
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(E) The guardianship of the minor will be
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transferred to an individual or couple on a permanent basis provided that goals (A) through (D) have been ruled out.
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(F) The minor over age 15 will be in substitute care
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(G) The minor will be in substitute care because he
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or she cannot be provided for in a home environment due to developmental disabilities or mental illness or because he or she is a danger to self or others, provided that goals (A) through (D) have been ruled out.
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In selecting any permanency goal, the court shall indicate in writing the
reasons the goal was selected and why the preceding goals were ruled out.
Where the court has selected a permanency goal other than (A), (B), or (B‑1),
the
Department of Children and Family Services shall not provide further
reunification services, but shall provide services
consistent with the goal
selected.
The court shall set a
permanency
goal that is in the best interest of the child. The court's determination
shall include the following factors:
(1) Age of the child.
(2) Options available for permanence.
(3) Current placement of the child and the intent of
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the family regarding adoption.
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(4) Emotional, physical, and mental status or
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(5) Types of services previously offered and whether
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or not the services were successful and, if not successful, the reasons the services failed.
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(6) Availability of services currently needed and
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whether the services exist.
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(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained in the service
plan, (ii) the appropriateness of the
services contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by all
the parties to the service plan to achieve the goal, and (iv) whether the plan
and goal have been achieved. All evidence
relevant to determining these questions, including oral and written reports,
may be admitted and may be relied on to the extent of their probative value.
If the goal has been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to those findings.
If, after receiving evidence, the court determines that the services
contained in the plan are not reasonably calculated to facilitate achievement
of the permanency goal, the court shall put in writing the factual basis
supporting the determination and enter specific findings based on the evidence.
The court also shall enter an order for the Department to develop and
implement a new service plan or to implement changes to the current service
plan consistent with the court's findings. The new service plan shall be filed
with the court and served on all parties within 45 days of the date of the
order. The court shall continue the matter until the new service plan is
filed. Unless otherwise specifically authorized by law, the court is not
empowered under this subsection (2) or under subsection (3) to order specific
placements, specific services, or specific service providers to be included in
the plan.
A guardian or custodian appointed by the court pursuant to this Act shall
file updated case plans with the court every 6 months.
Rights of wards of the court under this Act are enforceable against
any public agency by complaints for relief by mandamus filed in any
proceedings brought under this Act.
(3) Following the permanency hearing, the court shall enter a written order
that includes the determinations required under subsection (2) of this
Section and sets forth the following:
(a) The future status of the minor, including the
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permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or
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(b) If the permanency goal of the minor cannot be
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achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short term placement, and the following determinations:
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(i) (Blank).
(ii) Whether the services required by the court
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and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided.
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(iii) Whether the minor's placement is
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necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family‑like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest and special needs of the minor and, if the minor is placed out‑of‑State, whether the out‑of‑State placement continues to be appropriate and consistent with the health, safety, and best interest of the minor.
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(iv) (Blank).
(v) (Blank).
Any order entered pursuant to this subsection (3) shall be immediately
appealable as a matter of right under Supreme Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may apply to the
court for a change in custody of the minor and the appointment of a new
custodian or guardian of the person or for the restoration of the minor
to the custody of his parents or former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
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parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court.
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(b) The State's Attorney may file a motion to
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terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists.
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Custody of the minor shall not be restored to any parent, guardian or legal
custodian in any case in which the minor is found to be neglected or abused
under Section 2‑3 or dependent under Section 2‑4 of this Act, unless the
minor can be cared for at home
without endangering his or her health or safety and it is in the best
interest of the minor,
and if such neglect, abuse, or dependency is found by the court
under paragraph (1) of Section 2‑21 of this Act to have come
about due to the acts or omissions or both of such parent, guardian or legal
custodian, until such time as an investigation is made as provided in
paragraph (5) and a hearing is held on the issue of the health,
safety and
best interest of the minor and the fitness of such
parent, guardian or legal custodian to care for the minor and the court
enters an order that such parent, guardian or legal custodian is fit to
care for the minor. In the event that the minor has attained 18 years
of age and the guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of the parent or
parents, the court shall order the parent or parents to cooperate with the
Department of Children and Family Services and comply with the terms of an
after‑care plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter an order of
protective supervision in accordance with Section 2‑24.
(5) Whenever a parent, guardian, or legal custodian files a motion for
restoration of custody of the minor, and the minor was adjudicated
neglected, abused, or dependent as a result of physical abuse,
the court shall cause to be
made an investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate the
likelihood of any further physical abuse to the minor. Evidence of such
criminal convictions shall be taken into account in determining whether the
minor can be cared for at home without endangering his or her health or safety
and fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
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thereof shall co‑operate with the agent of the court in providing any information sought in the investigation.
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(b) The information derived from the investigation
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and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance.
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(c) All information obtained from any investigation
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shall be confidential as provided in Section 5‑150 of this Act.
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(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑320, eff. 1‑1‑02.)
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(705 ILCS 405/2‑28.1)
Sec. 2‑28.1.
Permanency hearings; before hearing officers.
(a) The chief judge of the circuit court may appoint hearing officers to
conduct the permanency hearings set forth in subsection (2) of Section 2‑28, in accordance with the
provisions of this Section. The hearing officers shall be attorneys with at
least 3 years experience in child abuse and neglect or permanency planning and
in counties with a population of 3,000,000 or more, any hearing officer
appointed after September 1, 1997, must be an attorney admitted to practice
for at
least 7 years. Once trained by the court, hearing officers shall be authorized
to do the following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take |
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testimony under oath or affirmation.
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(4) Require the production of evidence relevant to
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the permanency hearing to be conducted. That evidence may include, but need not be limited to case plans, social histories, medical and psychological evaluations, child placement histories, visitation records, and other documents and writings applicable to those items.
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(5) Rule on the admissibility of evidence using the
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standard applied at a dispositional hearing under Section 2‑22 of this Act.
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(6) When necessary, cause notices to be issued
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requiring parties, the public agency that is custodian or guardian of the minor, or another agency responsible for the minor's care to appear either before the hearing officer or in court.
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(7) Analyze the evidence presented to the hearing
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officer and prepare written recommended orders, including findings of fact, based on the evidence.
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(8) Prior to the hearing, conduct any pre‑hearings
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(9) Conduct in camera interviews with children when
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requested by a child or the child's guardian ad litem.
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In counties with a population of 3,000,000 or more, hearing officers shall
also be authorized to do the following:
(i) Accept specific consents for adoption or
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surrenders of parental rights from a parent or parents.
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(ii) Conduct hearings on the progress made toward
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the permanency goal set for the minor.
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(iii) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and conduct the permanency
hearings as set forth in subsections (2) and (3) of Section 2‑28 in accordance with the
standards set forth
therein. The hearing officer shall assure that a verbatim record of the
proceedings is made and retained for a period of 12 months or until the next
permanency hearing, whichever date is later, and shall direct to the clerk of
the court all documents and evidence to be made part of the court file. The
hearing officer shall inform the participants of their individual rights and
responsibilities. The hearing officer shall identify the issues to be reviewed
under subsection (2) of Section 2‑28,
consider all relevant facts, and receive or request any additional information
necessary to make recommendations to the court.
If a party fails to appear at the hearing, the hearing officer may proceed to
the permanency hearing with the parties present at the hearing. The hearing
officer shall specifically note for the court the absence of any parties. If
all parties are present at the permanency hearing, and the parties and the
Department are in agreement that the service plan and permanency goal are
appropriate or are in agreement that the permanency goal for the child has been
achieved, the hearing officer shall prepare a recommended order, including
findings of fact, to be submitted to the court, and all parties and the
Department shall sign the recommended order at the time of the hearing. The
recommended order will then be submitted to the court for its immediate
consideration and the entry of an appropriate order.
The court may enter an order consistent with the recommended order without
further hearing or notice to the parties, may refer the matter to the hearing
officer for further proceedings, or may hold such additional hearings as the
court deems necessary. All parties present at the hearing and the Department
shall be tendered a copy of the court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the permanency hearing, or
any party or the Department of Children and Family Services objects to the
hearing officer's recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial determination within 30
days of the permanency hearing for the entry of the recommended order or for
receipt of the parties' objections. Any objections shall be in writing
and identify the specific
findings or recommendations that are contested, the basis for the objections,
and the evidence or applicable law supporting the objection. The recommended
order and its contents may not be disclosed to anyone other than the parties
and the Department or other agency unless otherwise specifically ordered by a
judge of the court.
Following the receipt of objections consistent with this subsection from any
party or the Department of Children and Family Services to the hearing
officer's recommended orders, the court shall make a judicial determination of
those portions of the order to which objections were made, and shall enter an
appropriate order. The court may refuse to review any objections that fail to
meet the requirements of this subsection.
(d) The following are judicial functions and shall be performed only by a
circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
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officer and entry of orders the court deems appropriate.
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(2) Conduct of judicial hearings on all pre‑hearing
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motions and other matters that require a court order and entry of orders as the court deems appropriate.
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(3) Conduct of judicial determinations on all
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matters in which the parties or the Department of Children and Family Services disagree with the hearing officer's recommended orders under subsection (3).
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(4) Issuance of rules to show cause, conduct of
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contempt proceedings, and imposition of appropriate sanctions or relief.
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(Source: P.A. 89‑17, eff. 5‑31‑95; 90‑27, eff. 1‑1‑98; 90‑28, eff. 1‑1‑98;
90‑87, eff. 9‑1‑97; 90‑608, eff. 6‑30‑98; 90‑655, eff. 7‑30‑98.)
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(705 ILCS 405/2‑30) (from Ch. 37, par. 802‑30)
Sec. 2‑30.
Notice to putative father; service.
1. Upon the written request to any clerk of any circuit court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to |
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the clerk an original and one copy of a notice together with an affidavit setting forth the putative father's last known address. The original notice shall be retained by the clerk.
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(b) The clerk forthwith shall mail to the putative
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father, at the address appearing in the affidavit, the copy of the notice, certified mail, return receipt requested; the envelope and return receipt shall bear the return address of the clerk. The receipt for certified mail shall state the name and address of the addressee, and the date of mailing, and shall be attached to the original notice.
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(c) The return receipt, when returned to the clerk,
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shall be attached to the original notice, and shall constitute proof of service.
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(d) The clerk shall note the fact of service in a
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2. The notice shall be signed by the clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An order or
judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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