98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4495

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

`20 ILCS 505/5`	`from Ch. 23, par. 5005`
`705 ILCS 405/2-10`	`from Ch. 37, par. 802-10`
`705 ILCS 405/2-27`	`from Ch. 37, par. 802-27`
`705 ILCS 405/5-710`

Amends the Children and Family Services Act and the Juvenile Court Act

of 1987. Provides that a minor charged with a
criminal offense under the

Criminal Code of 1961 or the Criminal Code of 2012 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 18 (rather than 15) years of age and committed to the Department

of Children and Family Services
under the sentencing order provisions of

the Delinquency Article of the Juvenile Court Act of 1987 or a minor for whom a basis (deletes independent) of abuse, neglect, or dependency exists. Provides that a delinquent minor may be placed in the custody of the

Department of
Children and Family Services if the delinquent minor is under

18 (rather than 15) years of age and the court finds that reasonable efforts have been made to prevent or eliminate the need for removal and that continuance in the home of the parent or guardian would be contrary to the minor's welfare. Provides that a delinquent minor may be placed in the

custody of the Department of
Children and Family Services under the Abused,

Neglected, or Dependent Minors Article of the Juvenile Court Act of 1987.

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A BILL FOR

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1 AN ACT concerning minors.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Children and Family Services Act is amended

5 by changing Section 5 as follows:

6 (20 ILCS 505/5) (from Ch. 23, par. 5005)

7 Sec. 5. Direct child welfare services; Department of

8 Children and Family Services. To provide direct child welfare

9 services when not available through other public or private

10 child care or program facilities.

11 (a) For purposes of this Section:

12 (1) "Children" means persons found within the State who

13 are under the age of 18 years. The term also includes

14 persons under age 21 who:

15 (A) were committed to the Department pursuant to

16 the Juvenile Court Act or the Juvenile Court Act of

17 1987, as amended, prior to the age of 18 and who

18 continue under the jurisdiction of the court; or

19 (B) were accepted for care, service and training by

20 the Department prior to the age of 18 and whose best

21 interest in the discretion of the Department would be

22 served by continuing that care, service and training

23 because of severe emotional disturbances, physical

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1 disability, social adjustment or any combination

2 thereof, or because of the need to complete an

3 educational or vocational training program.

4 (2) "Homeless youth" means persons found within the

5 State who are under the age of 19, are not in a safe and

6 stable living situation and cannot be reunited with their

7 families.

8 (3) "Child welfare services" means public social

9 services which are directed toward the accomplishment of

10 the following purposes:

11 (A) protecting and promoting the health, safety

12 and welfare of children, including homeless, dependent

13 or neglected children;

14 (B) remedying, or assisting in the solution of

15 problems which may result in, the neglect, abuse,

16 exploitation or delinquency of children;

17 (C) preventing the unnecessary separation of

18 children from their families by identifying family

19 problems, assisting families in resolving their

20 problems, and preventing the breakup of the family

21 where the prevention of child removal is desirable and

22 possible when the child can be cared for at home

23 without endangering the child's health and safety;

24 (D) restoring to their families children who have

25 been removed, by the provision of services to the child

26 and the families when the child can be cared for at

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1 home without endangering the child's health and

2 safety;

3 (E) placing children in suitable adoptive homes,

4 in cases where restoration to the biological family is

5 not safe, possible or appropriate;

6 (F) assuring safe and adequate care of children

7 away from their homes, in cases where the child cannot

8 be returned home or cannot be placed for adoption. At

9 the time of placement, the Department shall consider

10 concurrent planning, as described in subsection (l-1)

11 of this Section so that permanency may occur at the

12 earliest opportunity. Consideration should be given so

13 that if reunification fails or is delayed, the

14 placement made is the best available placement to

15 provide permanency for the child;

16 (G) (blank);

17 (H) (blank); and

18 (I) placing and maintaining children in facilities

19 that provide separate living quarters for children

20 under the age of 18 and for children 18 years of age

21 and older, unless a child 18 years of age is in the

22 last year of high school education or vocational

23 training, in an approved individual or group treatment

24 program, in a licensed shelter facility, or secure

25 child care facility. The Department is not required to

26 place or maintain children:

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1 (i) who are in a foster home, or

2 (ii) who are persons with a developmental

3 disability, as defined in the Mental Health and

4 Developmental Disabilities Code, or

5 (iii) who are female children who are

6 pregnant, pregnant and parenting or parenting, or

7 (iv) who are siblings, in facilities that

8 provide separate living quarters for children 18

9 years of age and older and for children under 18

10 years of age.

11 (b) Nothing in this Section shall be construed to authorize

12 the expenditure of public funds for the purpose of performing

13 abortions.

14 (c) The Department shall establish and maintain

15 tax-supported child welfare services and extend and seek to

16 improve voluntary services throughout the State, to the end

17 that services and care shall be available on an equal basis

18 throughout the State to children requiring such services.

19 (d) The Director may authorize advance disbursements for

20 any new program initiative to any agency contracting with the

21 Department. As a prerequisite for an advance disbursement, the

22 contractor must post a surety bond in the amount of the advance

23 disbursement and have a purchase of service contract approved

24 by the Department. The Department may pay up to 2 months

25 operational expenses in advance. The amount of the advance

26 disbursement shall be prorated over the life of the contract or

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1 the remaining months of the fiscal year, whichever is less, and

2 the installment amount shall then be deducted from future

3 bills. Advance disbursement authorizations for new initiatives

4 shall not be made to any agency after that agency has operated

5 during 2 consecutive fiscal years. The requirements of this

6 Section concerning advance disbursements shall not apply with

7 respect to the following: payments to local public agencies for

8 child day care services as authorized by Section 5a of this

9 Act; and youth service programs receiving grant funds under

10 Section 17a-4.

11 (e) (Blank).

12 (f) (Blank).

13 (g) The Department shall establish rules and regulations

14 concerning its operation of programs designed to meet the goals

15 of child safety and protection, family preservation, family

16 reunification, and adoption, including but not limited to:

17 (1) adoption;

18 (2) foster care;

19 (3) family counseling;

20 (4) protective services;

21 (5) (blank);

22 (6) homemaker service;

23 (7) return of runaway children;

24 (8) (blank);

25 (9) placement under Section 5-7 of the Juvenile Court

26 Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

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1 Court Act of 1987 in accordance with the federal Adoption

2 Assistance and Child Welfare Act of 1980; and

3 (10) interstate services.

4 Rules and regulations established by the Department shall

5 include provisions for training Department staff and the staff

6 of Department grantees, through contracts with other agencies

7 or resources, in alcohol and drug abuse screening techniques

8 approved by the Department of Human Services, as a successor to

9 the Department of Alcoholism and Substance Abuse, for the

10 purpose of identifying children and adults who should be

11 referred to an alcohol and drug abuse treatment program for

12 professional evaluation.

13 (h) If the Department finds that there is no appropriate

14 program or facility within or available to the Department for a

15 ward and that no licensed private facility has an adequate and

16 appropriate program or none agrees to accept the ward, the

17 Department shall create an appropriate individualized,

18 program-oriented plan for such ward. The plan may be developed

19 within the Department or through purchase of services by the

20 Department to the extent that it is within its statutory

21 authority to do.

22 (i) Service programs shall be available throughout the

23 State and shall include but not be limited to the following

24 services:

25 (1) case management;

26 (2) homemakers;

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1 (3) counseling;

2 (4) parent education;

3 (5) day care; and

4 (6) emergency assistance and advocacy.

5 In addition, the following services may be made available

6 to assess and meet the needs of children and families:

7 (1) comprehensive family-based services;

8 (2) assessments;

9 (3) respite care; and

10 (4) in-home health services.

11 The Department shall provide transportation for any of the

12 services it makes available to children or families or for

13 which it refers children or families.

14 (j) The Department may provide categories of financial

15 assistance and education assistance grants, and shall

16 establish rules and regulations concerning the assistance and

17 grants, to persons who adopt physically or mentally

18 handicapped, older and other hard-to-place children who (i)

19 immediately prior to their adoption were legal wards of the

20 Department or (ii) were determined eligible for financial

21 assistance with respect to a prior adoption and who become

22 available for adoption because the prior adoption has been

23 dissolved and the parental rights of the adoptive parents have

24 been terminated or because the child's adoptive parents have

25 died. The Department may continue to provide financial

26 assistance and education assistance grants for a child who was

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1 determined eligible for financial assistance under this

2 subsection (j) in the interim period beginning when the child's

3 adoptive parents died and ending with the finalization of the

4 new adoption of the child by another adoptive parent or

5 parents. The Department may also provide categories of

6 financial assistance and education assistance grants, and

7 shall establish rules and regulations for the assistance and

8 grants, to persons appointed guardian of the person under

9 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,

10 4-25 or 5-740 of the Juvenile Court Act of 1987 for children

11 who were wards of the Department for 12 months immediately

12 prior to the appointment of the guardian.

13 The amount of assistance may vary, depending upon the needs

14 of the child and the adoptive parents, as set forth in the

15 annual assistance agreement. Special purpose grants are

16 allowed where the child requires special service but such costs

17 may not exceed the amounts which similar services would cost

18 the Department if it were to provide or secure them as guardian

19 of the child.

20 Any financial assistance provided under this subsection is

21 inalienable by assignment, sale, execution, attachment,

22 garnishment, or any other remedy for recovery or collection of

23 a judgment or debt.

24 (j-5) The Department shall not deny or delay the placement

25 of a child for adoption if an approved family is available

26 either outside of the Department region handling the case, or

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1 outside of the State of Illinois.

2 (k) The Department shall accept for care and training any

3 child who has been adjudicated neglected or abused, or

4 dependent committed to it pursuant to the Juvenile Court Act or

5 the Juvenile Court Act of 1987.

6 (l) The Department shall offer family preservation

7 services, as defined in Section 8.2 of the Abused and Neglected

8 Child Reporting Act, to help families, including adoptive and

9 extended families. Family preservation services shall be

10 offered (i) to prevent the placement of children in substitute

11 care when the children can be cared for at home or in the

12 custody of the person responsible for the children's welfare,

13 (ii) to reunite children with their families, or (iii) to

14 maintain an adoptive placement. Family preservation services

15 shall only be offered when doing so will not endanger the

16 children's health or safety. With respect to children who are

17 in substitute care pursuant to the Juvenile Court Act of 1987,

18 family preservation services shall not be offered if a goal

19 other than those of subdivisions (A), (B), or (B-1) of

20 subsection (2) of Section 2-28 of that Act has been set.

21 Nothing in this paragraph shall be construed to create a

22 private right of action or claim on the part of any individual

23 or child welfare agency, except that when a child is the

24 subject of an action under Article II of the Juvenile Court Act

25 of 1987 and the child's service plan calls for services to

26 facilitate achievement of the permanency goal, the court

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1 hearing the action under Article II of the Juvenile Court Act

2 of 1987 may order the Department to provide the services set

3 out in the plan, if those services are not provided with

4 reasonable promptness and if those services are available.

5 The Department shall notify the child and his family of the

6 Department's responsibility to offer and provide family

7 preservation services as identified in the service plan. The

8 child and his family shall be eligible for services as soon as

9 the report is determined to be "indicated". The Department may

10 offer services to any child or family with respect to whom a

11 report of suspected child abuse or neglect has been filed,

12 prior to concluding its investigation under Section 7.12 of the

13 Abused and Neglected Child Reporting Act. However, the child's

14 or family's willingness to accept services shall not be

15 considered in the investigation. The Department may also

16 provide services to any child or family who is the subject of

17 any report of suspected child abuse or neglect or may refer

18 such child or family to services available from other agencies

19 in the community, even if the report is determined to be

20 unfounded, if the conditions in the child's or family's home

21 are reasonably likely to subject the child or family to future

22 reports of suspected child abuse or neglect. Acceptance of such

23 services shall be voluntary. The Department may also provide

24 services to any child or family after completion of a family

25 assessment, as an alternative to an investigation, as provided

26 under the "differential response program" provided for in

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1 subsection (a-5) of Section 7.4 of the Abused and Neglected

2 Child Reporting Act.

3 The Department may, at its discretion except for those

4 children also adjudicated neglected or dependent, accept for

5 care and training any child who has been adjudicated addicted,

6 as a truant minor in need of supervision or as a minor

7 requiring authoritative intervention, under the Juvenile Court

8 Act or the Juvenile Court Act of 1987, but no such child shall

9 be committed to the Department by any court without the

10 approval of the Department. A minor charged with a criminal

11 offense under the Criminal Code of 1961 or the Criminal Code of

12 2012 or adjudicated delinquent shall not be placed in the

13 custody of or committed to the Department by any court, except

14 (i) a minor less than 18 ~~15~~years of age committed to the

15 Department under Section 5-710 of the Juvenile Court Act of

16 1987, (ii) a minor for whom a ~~an independent~~ basis of abuse,

17 neglect, or dependency exists~~, which must be defined by~~

18 ~~departmental rule~~, or (iii) a minor for whom the court has

19 granted a supplemental petition to reinstate wardship pursuant

20 to subsection (2) of Section 2-33 of the Juvenile Court Act of

21 1987. ~~An independent basis exists when the allegations or~~

22 ~~adjudication of abuse, neglect, or dependency do not arise from~~

23 ~~the same facts, incident, or circumstances which give rise to a~~

24 ~~charge or adjudication of delinquency.~~

25 As soon as is possible after August 7, 2009 (the effective

26 date of Public Act 96-134), the Department shall develop and

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1 implement a special program of family preservation services to

2 support intact, foster, and adoptive families who are

3 experiencing extreme hardships due to the difficulty and stress

4 of caring for a child who has been diagnosed with a pervasive

5 developmental disorder if the Department determines that those

6 services are necessary to ensure the health and safety of the

7 child. The Department may offer services to any family whether

8 or not a report has been filed under the Abused and Neglected

9 Child Reporting Act. The Department may refer the child or

10 family to services available from other agencies in the

11 community if the conditions in the child's or family's home are

12 reasonably likely to subject the child or family to future

13 reports of suspected child abuse or neglect. Acceptance of

14 these services shall be voluntary. The Department shall develop

15 and implement a public information campaign to alert health and

16 social service providers and the general public about these

17 special family preservation services. The nature and scope of

18 the services offered and the number of families served under

19 the special program implemented under this paragraph shall be

20 determined by the level of funding that the Department annually

21 allocates for this purpose. The term "pervasive developmental

22 disorder" under this paragraph means a neurological condition,

23 including but not limited to, Asperger's Syndrome and autism,

24 as defined in the most recent edition of the Diagnostic and

25 Statistical Manual of Mental Disorders of the American

26 Psychiatric Association.

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1 (l-1) The legislature recognizes that the best interests of

2 the child require that the child be placed in the most

3 permanent living arrangement as soon as is practically

4 possible. To achieve this goal, the legislature directs the

5 Department of Children and Family Services to conduct

6 concurrent planning so that permanency may occur at the

7 earliest opportunity. Permanent living arrangements may

8 include prevention of placement of a child outside the home of

9 the family when the child can be cared for at home without

10 endangering the child's health or safety; reunification with

11 the family, when safe and appropriate, if temporary placement

12 is necessary; or movement of the child toward the most

13 permanent living arrangement and permanent legal status.

14 When determining reasonable efforts to be made with respect

15 to a child, as described in this subsection, and in making such

16 reasonable efforts, the child's health and safety shall be the

17 paramount concern.

18 When a child is placed in foster care, the Department shall

19 ensure and document that reasonable efforts were made to

20 prevent or eliminate the need to remove the child from the

21 child's home. The Department must make reasonable efforts to

22 reunify the family when temporary placement of the child occurs

23 unless otherwise required, pursuant to the Juvenile Court Act

24 of 1987. At any time after the dispositional hearing where the

25 Department believes that further reunification services would

26 be ineffective, it may request a finding from the court that

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1 reasonable efforts are no longer appropriate. The Department is

2 not required to provide further reunification services after

3 such a finding.

4 A decision to place a child in substitute care shall be

5 made with considerations of the child's health, safety, and

6 best interests. At the time of placement, consideration should

7 also be given so that if reunification fails or is delayed, the

8 placement made is the best available placement to provide

9 permanency for the child.

10 The Department shall adopt rules addressing concurrent

11 planning for reunification and permanency. The Department

12 shall consider the following factors when determining

13 appropriateness of concurrent planning:

14 (1) the likelihood of prompt reunification;

15 (2) the past history of the family;

16 (3) the barriers to reunification being addressed by

17 the family;

18 (4) the level of cooperation of the family;

19 (5) the foster parents' willingness to work with the

20 family to reunite;

21 (6) the willingness and ability of the foster family to

22 provide an adoptive home or long-term placement;

23 (7) the age of the child;

24 (8) placement of siblings.

25 (m) The Department may assume temporary custody of any

26 child if:

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1 (1) it has received a written consent to such temporary

2 custody signed by the parents of the child or by the parent

3 having custody of the child if the parents are not living

4 together or by the guardian or custodian of the child if

5 the child is not in the custody of either parent, or

6 (2) the child is found in the State and neither a

7 parent, guardian nor custodian of the child can be located.

8 If the child is found in his or her residence without a parent,

9 guardian, custodian or responsible caretaker, the Department

10 may, instead of removing the child and assuming temporary

11 custody, place an authorized representative of the Department

12 in that residence until such time as a parent, guardian or

13 custodian enters the home and expresses a willingness and

14 apparent ability to ensure the child's health and safety and

15 resume permanent charge of the child, or until a relative

16 enters the home and is willing and able to ensure the child's

17 health and safety and assume charge of the child until a

18 parent, guardian or custodian enters the home and expresses

19 such willingness and ability to ensure the child's safety and

20 resume permanent charge. After a caretaker has remained in the

21 home for a period not to exceed 12 hours, the Department must

22 follow those procedures outlined in Section 2-9, 3-11, 4-8, or

23 5-415 of the Juvenile Court Act of 1987.

24 The Department shall have the authority, responsibilities

25 and duties that a legal custodian of the child would have

26 pursuant to subsection (9) of Section 1-3 of the Juvenile Court

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1 Act of 1987. Whenever a child is taken into temporary custody

2 pursuant to an investigation under the Abused and Neglected

3 Child Reporting Act, or pursuant to a referral and acceptance

4 under the Juvenile Court Act of 1987 of a minor in limited

5 custody, the Department, during the period of temporary custody

6 and before the child is brought before a judicial officer as

7 required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile

8 Court Act of 1987, shall have the authority, responsibilities

9 and duties that a legal custodian of the child would have under

10 subsection (9) of Section 1-3 of the Juvenile Court Act of

11 1987.

12 The Department shall ensure that any child taken into

13 custody is scheduled for an appointment for a medical

14 examination.

15 A parent, guardian or custodian of a child in the temporary

16 custody of the Department who would have custody of the child

17 if he were not in the temporary custody of the Department may

18 deliver to the Department a signed request that the Department

19 surrender the temporary custody of the child. The Department

20 may retain temporary custody of the child for 10 days after the

21 receipt of the request, during which period the Department may

22 cause to be filed a petition pursuant to the Juvenile Court Act

23 of 1987. If a petition is so filed, the Department shall retain

24 temporary custody of the child until the court orders

25 otherwise. If a petition is not filed within the 10 day period,

26 the child shall be surrendered to the custody of the requesting

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1 parent, guardian or custodian not later than the expiration of

2 the 10 day period, at which time the authority and duties of

3 the Department with respect to the temporary custody of the

4 child shall terminate.

5 (m-1) The Department may place children under 18 years of

6 age in a secure child care facility licensed by the Department

7 that cares for children who are in need of secure living

8 arrangements for their health, safety, and well-being after a

9 determination is made by the facility director and the Director

10 or the Director's designate prior to admission to the facility

11 subject to Section 2-27.1 of the Juvenile Court Act of 1987.

12 This subsection (m-1) does not apply to a child who is subject

13 to placement in a correctional facility operated pursuant to

14 Section 3-15-2 of the Unified Code of Corrections, unless the

15 child is a ward who was placed under the care of the Department

16 before being subject to placement in a correctional facility

17 and a court of competent jurisdiction has ordered placement of

18 the child in a secure care facility.

19 (n) The Department may place children under 18 years of age

20 in licensed child care facilities when in the opinion of the

21 Department, appropriate services aimed at family preservation

22 have been unsuccessful and cannot ensure the child's health and

23 safety or are unavailable and such placement would be for their

24 best interest. Payment for board, clothing, care, training and

25 supervision of any child placed in a licensed child care

26 facility may be made by the Department, by the parents or

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1 guardians of the estates of those children, or by both the

2 Department and the parents or guardians, except that no

3 payments shall be made by the Department for any child placed

4 in a licensed child care facility for board, clothing, care,

5 training and supervision of such a child that exceed the

6 average per capita cost of maintaining and of caring for a

7 child in institutions for dependent or neglected children

8 operated by the Department. However, such restriction on

9 payments does not apply in cases where children require

10 specialized care and treatment for problems of severe emotional

11 disturbance, physical disability, social adjustment, or any

12 combination thereof and suitable facilities for the placement

13 of such children are not available at payment rates within the

14 limitations set forth in this Section. All reimbursements for

15 services delivered shall be absolutely inalienable by

16 assignment, sale, attachment, garnishment or otherwise.

17 (n-1) The Department shall provide or authorize child

18 welfare services, aimed at assisting minors to achieve

19 sustainable self-sufficiency as independent adults, for any

20 minor eligible for the reinstatement of wardship pursuant to

21 subsection (2) of Section 2-33 of the Juvenile Court Act of

22 1987, whether or not such reinstatement is sought or allowed,

23 provided that the minor consents to such services and has not

24 yet attained the age of 21. The Department shall have

25 responsibility for the development and delivery of services

26 under this Section. An eligible youth may access services under

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1 this Section through the Department of Children and Family

2 Services or by referral from the Department of Human Services.

3 Youth participating in services under this Section shall

4 cooperate with the assigned case manager in developing an

5 agreement identifying the services to be provided and how the

6 youth will increase skills to achieve self-sufficiency. A

7 homeless shelter is not considered appropriate housing for any

8 youth receiving child welfare services under this Section. The

9 Department shall continue child welfare services under this

10 Section to any eligible minor until the minor becomes 21 years

11 of age, no longer consents to participate, or achieves

12 self-sufficiency as identified in the minor's service plan. The

13 Department of Children and Family Services shall create clear,

14 readable notice of the rights of former foster youth to child

15 welfare services under this Section and how such services may

16 be obtained. The Department of Children and Family Services and

17 the Department of Human Services shall disseminate this

18 information statewide. The Department shall adopt regulations

19 describing services intended to assist minors in achieving

20 sustainable self-sufficiency as independent adults.

21 (o) The Department shall establish an administrative

22 review and appeal process for children and families who request

23 or receive child welfare services from the Department. Children

24 who are wards of the Department and are placed by private child

25 welfare agencies, and foster families with whom those children

26 are placed, shall be afforded the same procedural and appeal

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1 rights as children and families in the case of placement by the

2 Department, including the right to an initial review of a

3 private agency decision by that agency. The Department shall

4 insure that any private child welfare agency, which accepts

5 wards of the Department for placement, affords those rights to

6 children and foster families. The Department shall accept for

7 administrative review and an appeal hearing a complaint made by

8 (i) a child or foster family concerning a decision following an

9 initial review by a private child welfare agency or (ii) a

10 prospective adoptive parent who alleges a violation of

11 subsection (j-5) of this Section. An appeal of a decision

12 concerning a change in the placement of a child shall be

13 conducted in an expedited manner. A court determination that a

14 current foster home placement is necessary and appropriate

15 under Section 2-28 of the Juvenile Court Act of 1987 does not

16 constitute a judicial determination on the merits of an

17 administrative appeal, filed by a former foster parent,

18 involving a change of placement decision.

19 (p) There is hereby created the Department of Children and

20 Family Services Emergency Assistance Fund from which the

21 Department may provide special financial assistance to

22 families which are in economic crisis when such assistance is

23 not available through other public or private sources and the

24 assistance is deemed necessary to prevent dissolution of the

25 family unit or to reunite families which have been separated

26 due to child abuse and neglect. The Department shall establish

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1 administrative rules specifying the criteria for determining

2 eligibility for and the amount and nature of assistance to be

3 provided. The Department may also enter into written agreements

4 with private and public social service agencies to provide

5 emergency financial services to families referred by the

6 Department. Special financial assistance payments shall be

7 available to a family no more than once during each fiscal year

8 and the total payments to a family may not exceed $500 during a

9 fiscal year.

10 (q) The Department may receive and use, in their entirety,

11 for the benefit of children any gift, donation or bequest of

12 money or other property which is received on behalf of such

13 children, or any financial benefits to which such children are

14 or may become entitled while under the jurisdiction or care of

15 the Department.

16 The Department shall set up and administer no-cost,

17 interest-bearing accounts in appropriate financial

18 institutions for children for whom the Department is legally

19 responsible and who have been determined eligible for Veterans'

20 Benefits, Social Security benefits, assistance allotments from

21 the armed forces, court ordered payments, parental voluntary

22 payments, Supplemental Security Income, Railroad Retirement

23 payments, Black Lung benefits, or other miscellaneous

24 payments. Interest earned by each account shall be credited to

25 the account, unless disbursed in accordance with this

26 subsection.

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1 In disbursing funds from children's accounts, the

2 Department shall:

3 (1) Establish standards in accordance with State and

4 federal laws for disbursing money from children's

5 accounts. In all circumstances, the Department's

6 "Guardianship Administrator" or his or her designee must

7 approve disbursements from children's accounts. The

8 Department shall be responsible for keeping complete

9 records of all disbursements for each account for any

10 purpose.

11 (2) Calculate on a monthly basis the amounts paid from

12 State funds for the child's board and care, medical care

13 not covered under Medicaid, and social services; and

14 utilize funds from the child's account, as covered by

15 regulation, to reimburse those costs. Monthly,

16 disbursements from all children's accounts, up to 1/12 of

17 $13,000,000, shall be deposited by the Department into the

18 General Revenue Fund and the balance over 1/12 of

19 $13,000,000 into the DCFS Children's Services Fund.

20 (3) Maintain any balance remaining after reimbursing

21 for the child's costs of care, as specified in item (2).

22 The balance shall accumulate in accordance with relevant

23 State and federal laws and shall be disbursed to the child

24 or his or her guardian, or to the issuing agency.

25 (r) The Department shall promulgate regulations

26 encouraging all adoption agencies to voluntarily forward to the

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1 Department or its agent names and addresses of all persons who

2 have applied for and have been approved for adoption of a

3 hard-to-place or handicapped child and the names of such

4 children who have not been placed for adoption. A list of such

5 names and addresses shall be maintained by the Department or

6 its agent, and coded lists which maintain the confidentiality

7 of the person seeking to adopt the child and of the child shall

8 be made available, without charge, to every adoption agency in

9 the State to assist the agencies in placing such children for

10 adoption. The Department may delegate to an agent its duty to

11 maintain and make available such lists. The Department shall

12 ensure that such agent maintains the confidentiality of the

13 person seeking to adopt the child and of the child.

14 (s) The Department of Children and Family Services may

15 establish and implement a program to reimburse Department and

16 private child welfare agency foster parents licensed by the

17 Department of Children and Family Services for damages

18 sustained by the foster parents as a result of the malicious or

19 negligent acts of foster children, as well as providing third

20 party coverage for such foster parents with regard to actions

21 of foster children to other individuals. Such coverage will be

22 secondary to the foster parent liability insurance policy, if

23 applicable. The program shall be funded through appropriations

24 from the General Revenue Fund, specifically designated for such

25 purposes.

26 (t) The Department shall perform home studies and

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1 investigations and shall exercise supervision over visitation

2 as ordered by a court pursuant to the Illinois Marriage and

3 Dissolution of Marriage Act or the Adoption Act only if:

4 (1) an order entered by an Illinois court specifically

5 directs the Department to perform such services; and

6 (2) the court has ordered one or both of the parties to

7 the proceeding to reimburse the Department for its

8 reasonable costs for providing such services in accordance

9 with Department rules, or has determined that neither party

10 is financially able to pay.

11 The Department shall provide written notification to the

12 court of the specific arrangements for supervised visitation

13 and projected monthly costs within 60 days of the court order.

14 The Department shall send to the court information related to

15 the costs incurred except in cases where the court has

16 determined the parties are financially unable to pay. The court

17 may order additional periodic reports as appropriate.

18 (u) In addition to other information that must be provided,

19 whenever the Department places a child with a prospective

20 adoptive parent or parents or in a licensed foster home, group

21 home, child care institution, or in a relative home, the

22 Department shall provide to the prospective adoptive parent or

23 parents or other caretaker:

24 (1) available detailed information concerning the

25 child's educational and health history, copies of

26 immunization records (including insurance and medical card

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1 information), a history of the child's previous

2 placements, if any, and reasons for placement changes

3 excluding any information that identifies or reveals the

4 location of any previous caretaker;

5 (2) a copy of the child's portion of the client service

6 plan, including any visitation arrangement, and all

7 amendments or revisions to it as related to the child; and

8 (3) information containing details of the child's

9 individualized educational plan when the child is

10 receiving special education services.

11 The caretaker shall be informed of any known social or

12 behavioral information (including, but not limited to,

13 criminal background, fire setting, perpetuation of sexual

14 abuse, destructive behavior, and substance abuse) necessary to

15 care for and safeguard the children to be placed or currently

16 in the home. The Department may prepare a written summary of

17 the information required by this paragraph, which may be

18 provided to the foster or prospective adoptive parent in

19 advance of a placement. The foster or prospective adoptive

20 parent may review the supporting documents in the child's file

21 in the presence of casework staff. In the case of an emergency

22 placement, casework staff shall at least provide known

23 information verbally, if necessary, and must subsequently

24 provide the information in writing as required by this

25 subsection.

26 The information described in this subsection shall be

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1 provided in writing. In the case of emergency placements when

2 time does not allow prior review, preparation, and collection

3 of written information, the Department shall provide such

4 information as it becomes available. Within 10 business days

5 after placement, the Department shall obtain from the

6 prospective adoptive parent or parents or other caretaker a

7 signed verification of receipt of the information provided.

8 Within 10 business days after placement, the Department shall

9 provide to the child's guardian ad litem a copy of the

10 information provided to the prospective adoptive parent or

11 parents or other caretaker. The information provided to the

12 prospective adoptive parent or parents or other caretaker shall

13 be reviewed and approved regarding accuracy at the supervisory

14 level.

15 (u-5) Effective July 1, 1995, only foster care placements

16 licensed as foster family homes pursuant to the Child Care Act

17 of 1969 shall be eligible to receive foster care payments from

18 the Department. Relative caregivers who, as of July 1, 1995,

19 were approved pursuant to approved relative placement rules

20 previously promulgated by the Department at 89 Ill. Adm. Code

21 335 and had submitted an application for licensure as a foster

22 family home may continue to receive foster care payments only

23 until the Department determines that they may be licensed as a

24 foster family home or that their application for licensure is

25 denied or until September 30, 1995, whichever occurs first.

26 (v) The Department shall access criminal history record

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1 information as defined in the Illinois Uniform Conviction

2 Information Act and information maintained in the adjudicatory

3 and dispositional record system as defined in Section 2605-355

4 of the Department of State Police Law (20 ILCS 2605/2605-355)

5 if the Department determines the information is necessary to

6 perform its duties under the Abused and Neglected Child

7 Reporting Act, the Child Care Act of 1969, and the Children and

8 Family Services Act. The Department shall provide for

9 interactive computerized communication and processing

10 equipment that permits direct on-line communication with the

11 Department of State Police's central criminal history data

12 repository. The Department shall comply with all certification

13 requirements and provide certified operators who have been

14 trained by personnel from the Department of State Police. In

15 addition, one Office of the Inspector General investigator

16 shall have training in the use of the criminal history

17 information access system and have access to the terminal. The

18 Department of Children and Family Services and its employees

19 shall abide by rules and regulations established by the

20 Department of State Police relating to the access and

21 dissemination of this information.

22 (v-1) Prior to final approval for placement of a child, the

23 Department shall conduct a criminal records background check of

24 the prospective foster or adoptive parent, including

25 fingerprint-based checks of national crime information

26 databases. Final approval for placement shall not be granted if

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1 the record check reveals a felony conviction for child abuse or

2 neglect, for spousal abuse, for a crime against children, or

3 for a crime involving violence, including rape, sexual assault,

4 or homicide, but not including other physical assault or

5 battery, or if there is a felony conviction for physical

6 assault, battery, or a drug-related offense committed within

7 the past 5 years.

8 (v-2) Prior to final approval for placement of a child, the

9 Department shall check its child abuse and neglect registry for

10 information concerning prospective foster and adoptive

11 parents, and any adult living in the home. If any prospective

12 foster or adoptive parent or other adult living in the home has

13 resided in another state in the preceding 5 years, the

14 Department shall request a check of that other state's child

15 abuse and neglect registry.

16 (w) Within 120 days of August 20, 1995 (the effective date

17 of Public Act 89-392), the Department shall prepare and submit

18 to the Governor and the General Assembly, a written plan for

19 the development of in-state licensed secure child care

20 facilities that care for children who are in need of secure

21 living arrangements for their health, safety, and well-being.

22 For purposes of this subsection, secure care facility shall

23 mean a facility that is designed and operated to ensure that

24 all entrances and exits from the facility, a building or a

25 distinct part of the building, are under the exclusive control

26 of the staff of the facility, whether or not the child has the

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1 freedom of movement within the perimeter of the facility,

2 building, or distinct part of the building. The plan shall

3 include descriptions of the types of facilities that are needed

4 in Illinois; the cost of developing these secure care

5 facilities; the estimated number of placements; the potential

6 cost savings resulting from the movement of children currently

7 out-of-state who are projected to be returned to Illinois; the

8 necessary geographic distribution of these facilities in

9 Illinois; and a proposed timetable for development of such

10 facilities.

11 (x) The Department shall conduct annual credit history

12 checks to determine the financial history of children placed

13 under its guardianship pursuant to the Juvenile Court Act of

14 1987. The Department shall conduct such credit checks starting

15 when a ward turns 12 years old and each year thereafter for the

16 duration of the guardianship as terminated pursuant to the

17 Juvenile Court Act of 1987. The Department shall determine if

18 financial exploitation of the child's personal information has

19 occurred. If financial exploitation appears to have taken place

20 or is presently ongoing, the Department shall notify the proper

21 law enforcement agency, the proper State's Attorney, or the

22 Attorney General.

23 (y) Beginning on the effective date of this amendatory Act

24 of the 96th General Assembly, a child with a disability who

25 receives residential and educational services from the

26 Department shall be eligible to receive transition services in

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1 accordance with Article 14 of the School Code from the age of

2 14.5 through age 21, inclusive, notwithstanding the child's

3 residential services arrangement. For purposes of this

4 subsection, "child with a disability" means a child with a

5 disability as defined by the federal Individuals with

6 Disabilities Education Improvement Act of 2004.

7 (z) The Department shall access criminal history record

8 information as defined as "background information" in this

9 subsection and criminal history record information as defined

10 in the Illinois Uniform Conviction Information Act for each

11 Department employee or Department applicant. Each Department

12 employee or Department applicant shall submit his or her

13 fingerprints to the Department of State Police in the form and

14 manner prescribed by the Department of State Police. These

15 fingerprints shall be checked against the fingerprint records

16 now and hereafter filed in the Department of State Police and

17 the Federal Bureau of Investigation criminal history records

18 databases. The Department of State Police shall charge a fee

19 for conducting the criminal history record check, which shall

20 be deposited into the State Police Services Fund and shall not

21 exceed the actual cost of the record check. The Department of

22 State Police shall furnish, pursuant to positive

23 identification, all Illinois conviction information to the

24 Department of Children and Family Services.

25 For purposes of this subsection:

26 "Background information" means all of the following:

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1 (i) Upon the request of the Department of Children and

2 Family Services, conviction information obtained from the

3 Department of State Police as a result of a

4 fingerprint-based criminal history records check of the

5 Illinois criminal history records database and the Federal

6 Bureau of Investigation criminal history records database

7 concerning a Department employee or Department applicant.

8 (ii) Information obtained by the Department of

9 Children and Family Services after performing a check of

10 the Department of State Police's Sex Offender Database, as

11 authorized by Section 120 of the Sex Offender Community

12 Notification Law, concerning a Department employee or

13 Department applicant.

14 (iii) Information obtained by the Department of

15 Children and Family Services after performing a check of

16 the Child Abuse and Neglect Tracking System (CANTS)

17 operated and maintained by the Department.

18 "Department employee" means a full-time or temporary

19 employee coded or certified within the State of Illinois

20 Personnel System.

21 "Department applicant" means an individual who has

22 conditional Department full-time or part-time work, a

23 contractor, an individual used to replace or supplement staff,

24 an academic intern, a volunteer in Department offices or on

25 Department contracts, a work-study student, an individual or

26 entity licensed by the Department, or an unlicensed service

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1 provider who works as a condition of a contract or an agreement

2 and whose work may bring the unlicensed service provider into

3 contact with Department clients or client records.

4 (Source: P.A. 97-1150, eff. 1-25-13; 98-249, eff. 1-1-14;

5 98-570, eff. 8-27-13; revised 9-4-13.)

6 Section 10. The Juvenile Court Act of 1987 is amended by

7 changing Sections 2-10, 2-27, and 5-710 as follows:

8 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)

9 Sec. 2-10. Temporary custody hearing. At the appearance of

10 the minor before the court at the temporary custody hearing,

11 all witnesses present shall be examined before the court in

12 relation to any matter connected with the allegations made in

13 the petition.

14 (1) If the court finds that there is not probable cause to

15 believe that the minor is abused, neglected or dependent it

16 shall release the minor and dismiss the petition.

17 (2) If the court finds that there is probable cause to

18 believe that the minor is abused, neglected or dependent, the

19 court shall state in writing the factual basis supporting its

20 finding and the minor, his or her parent, guardian, custodian

21 and other persons able to give relevant testimony shall be

22 examined before the court. The Department of Children and

23 Family Services shall give testimony concerning indicated

24 reports of abuse and neglect, of which they are aware of

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1 through the central registry, involving the minor's parent,

2 guardian or custodian. After such testimony, the court may,

3 consistent with the health, safety and best interests of the

4 minor, enter an order that the minor shall be released upon the

5 request of parent, guardian or custodian if the parent,

6 guardian or custodian appears to take custody. If it is

7 determined that a parent's, guardian's, or custodian's

8 compliance with critical services mitigates the necessity for

9 removal of the minor from his or her home, the court may enter

10 an Order of Protection setting forth reasonable conditions of

11 behavior that a parent, guardian, or custodian must observe for

12 a specified period of time, not to exceed 12 months, without a

13 violation; provided, however, that the 12-month period shall

14 begin anew after any violation. Custodian shall include any

15 agency of the State which has been given custody or wardship of

16 the child. If it is consistent with the health, safety and best

17 interests of the minor, the court may also prescribe shelter

18 care and order that the minor be kept in a suitable place

19 designated by the court or in a shelter care facility

20 designated by the Department of Children and Family Services or

21 a licensed child welfare agency; however, a minor charged with

22 a criminal offense under the Criminal Code of 1961 or the

23 Criminal Code of 2012 or adjudicated delinquent shall not be

24 placed in the custody of or committed to the Department of

25 Children and Family Services by any court, except a minor less

26 than 18 ~~15~~years of age and committed to the Department of

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1 Children and Family Services under Section 5-710 of this Act or

2 a minor for whom a ~~an independent~~basis of abuse, neglect, or

3 dependency exists.~~An independent basis exists when the~~

4 ~~allegations or adjudication of abuse, neglect, or dependency do~~

5 ~~not arise from the same facts, incident, or circumstances which~~

6 ~~give rise to a charge or adjudication of delinquency.~~

7 In placing the minor, the Department or other agency shall,

8 to the extent compatible with the court's order, comply with

9 Section 7 of the Children and Family Services Act. In

10 determining the health, safety and best interests of the minor

11 to prescribe shelter care, the court must find that it is a

12 matter of immediate and urgent necessity for the safety and

13 protection of the minor or of the person or property of another

14 that the minor be placed in a shelter care facility or that he

15 or she is likely to flee the jurisdiction of the court, and

16 must further find that reasonable efforts have been made or

17 that, consistent with the health, safety and best interests of

18 the minor, no efforts reasonably can be made to prevent or

19 eliminate the necessity of removal of the minor from his or her

20 home. The court shall require documentation from the Department

21 of Children and Family Services as to the reasonable efforts

22 that were made to prevent or eliminate the necessity of removal

23 of the minor from his or her home or the reasons why no efforts

24 reasonably could be made to prevent or eliminate the necessity

25 of removal. When a minor is placed in the home of a relative,

26 the Department of Children and Family Services shall complete a

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1 preliminary background review of the members of the minor's

2 custodian's household in accordance with Section 4.3 of the

3 Child Care Act of 1969 within 90 days of that placement. If the

4 minor is ordered placed in a shelter care facility of the

5 Department of Children and Family Services or a licensed child

6 welfare agency, the court shall, upon request of the

7 appropriate Department or other agency, appoint the Department

8 of Children and Family Services Guardianship Administrator or

9 other appropriate agency executive temporary custodian of the

10 minor and the court may enter such other orders related to the

11 temporary custody as it deems fit and proper, including the

12 provision of services to the minor or his family to ameliorate

13 the causes contributing to the finding of probable cause or to

14 the finding of the existence of immediate and urgent necessity.

15 Where the Department of Children and Family Services

16 Guardianship Administrator is appointed as the executive

17 temporary custodian, the Department of Children and Family

18 Services shall file with the court and serve on the parties a

19 parent-child visiting plan, within 10 days, excluding weekends

20 and holidays, after the appointment. The parent-child visiting

21 plan shall set out the time and place of visits, the frequency

22 of visits, the length of visits, who shall be present at the

23 visits, and where appropriate, the minor's opportunities to

24 have telephone and mail communication with the parents.

25 Where the Department of Children and Family Services

26 Guardianship Administrator is appointed as the executive

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1 temporary custodian, and when the child has siblings in care,

2 the Department of Children and Family Services shall file with

3 the court and serve on the parties a sibling placement and

4 contact plan within 10 days, excluding weekends and holidays,

5 after the appointment. The sibling placement and contact plan

6 shall set forth whether the siblings are placed together, and

7 if they are not placed together, what, if any, efforts are

8 being made to place them together. If the Department has

9 determined that it is not in a child's best interest to be

10 placed with a sibling, the Department shall document in the

11 sibling placement and contact plan the basis for its

12 determination. For siblings placed separately, the sibling

13 placement and contact plan shall set the time and place for

14 visits, the frequency of the visits, the length of visits, who

15 shall be present for the visits, and where appropriate, the

16 child's opportunities to have contact with their siblings in

17 addition to in person contact. If the Department determines it

18 is not in the best interest of a sibling to have contact with a

19 sibling, the Department shall document in the sibling placement

20 and contact plan the basis for its determination. The sibling

21 placement and contact plan shall specify a date for development

22 of the Sibling Contact Support Plan, under subsection (f) of

23 Section 7.4 of the Children and Family Services Act, and shall

24 remain in effect until the Sibling Contact Support Plan is

25 developed.

26 For good cause, the court may waive the requirement to

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1 file the parent-child visiting plan or the sibling placement

2 and contact plan, or extend the time for filing either plan.

3 Any party may, by motion, request the court to review the

4 parent-child visiting plan to determine whether it is

5 reasonably calculated to expeditiously facilitate the

6 achievement of the permanency goal. A party may, by motion,

7 request the court to review the parent-child visiting plan or

8 the sibling placement and contact plan to determine whether it

9 is consistent with the minor's best interest. The court may

10 refer the parties to mediation where available. The frequency,

11 duration, and locations of visitation shall be measured by the

12 needs of the child and family, and not by the convenience of

13 Department personnel. Child development principles shall be

14 considered by the court in its analysis of how frequent

15 visitation should be, how long it should last, where it should

16 take place, and who should be present. If upon motion of the

17 party to review either plan and after receiving evidence, the

18 court determines that the parent-child visiting plan is not

19 reasonably calculated to expeditiously facilitate the

20 achievement of the permanency goal or that the restrictions

21 placed on parent-child contact or sibling placement or contact

22 are contrary to the child's best interests, the court shall put

23 in writing the factual basis supporting the determination and

24 enter specific findings based on the evidence. The court shall

25 enter an order for the Department to implement changes to the

26 parent-child visiting plan or sibling placement or contact

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1 plan, consistent with the court's findings. At any stage of

2 proceeding, any party may by motion request the court to enter

3 any orders necessary to implement the parent-child visiting

4 plan, sibling placement or contact plan or subsequently

5 developed Sibling Contact Support Plan. Nothing under this

6 subsection (2) shall restrict the court from granting

7 discretionary authority to the Department to increase

8 opportunities for additional parent-child contacts or sibling

9 contacts, without further court orders. Nothing in this

10 subsection (2) shall restrict the Department from immediately

11 restricting or terminating parent-child contact or sibling

12 contacts, without either amending the parent-child visiting

13 plan or the sibling contact plan or obtaining a court order,

14 where the Department or its assigns reasonably believe that

15 continuation of the contact, as set out in the plan, would be

16 contrary to the child's health, safety, and welfare. The

17 Department shall file with the court and serve on the parties

18 any amendments to the plan within 10 days, excluding weekends

19 and holidays, of the change of the visitation.

20 Acceptance of services shall not be considered an admission

21 of any allegation in a petition made pursuant to this Act, nor

22 may a referral of services be considered as evidence in any

23 proceeding pursuant to this Act, except where the issue is

24 whether the Department has made reasonable efforts to reunite

25 the family. In making its findings that it is consistent with

26 the health, safety and best interests of the minor to prescribe

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1 shelter care, the court shall state in writing (i) the factual

2 basis supporting its findings concerning the immediate and

3 urgent necessity for the protection of the minor or of the

4 person or property of another and (ii) the factual basis

5 supporting its findings that reasonable efforts were made to

6 prevent or eliminate the removal of the minor from his or her

7 home or that no efforts reasonably could be made to prevent or

8 eliminate the removal of the minor from his or her home. The

9 parents, guardian, custodian, temporary custodian and minor

10 shall each be furnished a copy of such written findings. The

11 temporary custodian shall maintain a copy of the court order

12 and written findings in the case record for the child. The

13 order together with the court's findings of fact in support

14 thereof shall be entered of record in the court.

15 Once the court finds that it is a matter of immediate and

16 urgent necessity for the protection of the minor that the minor

17 be placed in a shelter care facility, the minor shall not be

18 returned to the parent, custodian or guardian until the court

19 finds that such placement is no longer necessary for the

20 protection of the minor.

21 If the child is placed in the temporary custody of the

22 Department of Children and Family Services for his or her

23 protection, the court shall admonish the parents, guardian,

24 custodian or responsible relative that the parents must

25 cooperate with the Department of Children and Family Services,

26 comply with the terms of the service plans, and correct the

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1 conditions which require the child to be in care, or risk

2 termination of their parental rights.

3 (3) If prior to the shelter care hearing for a minor

4 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is

5 unable to serve notice on the party respondent, the shelter

6 care hearing may proceed ex-parte. A shelter care order from an

7 ex-parte hearing shall be endorsed with the date and hour of

8 issuance and shall be filed with the clerk's office and entered

9 of record. The order shall expire after 10 days from the time

10 it is issued unless before its expiration it is renewed, at a

11 hearing upon appearance of the party respondent, or upon an

12 affidavit of the moving party as to all diligent efforts to

13 notify the party respondent by notice as herein prescribed. The

14 notice prescribed shall be in writing and shall be personally

15 delivered to the minor or the minor's attorney and to the last

16 known address of the other person or persons entitled to

17 notice. The notice shall also state the nature of the

18 allegations, the nature of the order sought by the State,

19 including whether temporary custody is sought, and the

20 consequences of failure to appear and shall contain a notice

21 that the parties will not be entitled to further written

22 notices or publication notices of proceedings in this case,

23 including the filing of an amended petition or a motion to

24 terminate parental rights, except as required by Supreme Court

25 Rule 11; and shall explain the right of the parties and the

26 procedures to vacate or modify a shelter care order as provided

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1 in this Section. The notice for a shelter care hearing shall be

2 substantially as follows:

3 NOTICE TO PARENTS AND CHILDREN

4 OF SHELTER CARE HEARING

5 On ................ at ........., before the Honorable

6 ................, (address:) ................., the State

7 of Illinois will present evidence (1) that (name of child

8 or children) ....................... are abused, neglected

9 or dependent for the following reasons:

10 .............................................. and (2)

11 whether there is "immediate and urgent necessity" to remove

12 the child or children from the responsible relative.

13 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN

14 PLACEMENT of the child or children in foster care until a

15 trial can be held. A trial may not be held for up to 90

16 days. You will not be entitled to further notices of

17 proceedings in this case, including the filing of an

18 amended petition or a motion to terminate parental rights.

19 At the shelter care hearing, parents have the following

20 rights:

21 1. To ask the court to appoint a lawyer if they

22 cannot afford one.

23 2. To ask the court to continue the hearing to

24 allow them time to prepare.

25 3. To present evidence concerning:

26 a. Whether or not the child or children were

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1 abused, neglected or dependent.

2 b. Whether or not there is "immediate and

3 urgent necessity" to remove the child from home

4 (including: their ability to care for the child,

5 conditions in the home, alternative means of

6 protecting the child other than removal).

7 c. The best interests of the child.

8 4. To cross examine the State's witnesses.

9 The Notice for rehearings shall be substantially as

10 follows:

11 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

12 TO REHEARING ON TEMPORARY CUSTODY

13 If you were not present at and did not have adequate

14 notice of the Shelter Care Hearing at which temporary

15 custody of ............... was awarded to

16 ................, you have the right to request a full

17 rehearing on whether the State should have temporary

18 custody of ................. To request this rehearing,

19 you must file with the Clerk of the Juvenile Court

20 (address): ........................, in person or by

21 mailing a statement (affidavit) setting forth the

22 following:

23 1. That you were not present at the shelter care

24 hearing.

25 2. That you did not get adequate notice (explaining

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1 how the notice was inadequate).

2 3. Your signature.

3 4. Signature must be notarized.

4 The rehearing should be scheduled within 48 hours of

5 your filing this affidavit.

6 At the rehearing, your rights are the same as at the

7 initial shelter care hearing. The enclosed notice explains

8 those rights.

9 At the Shelter Care Hearing, children have the

10 following rights:

11 1. To have a guardian ad litem appointed.

12 2. To be declared competent as a witness and to

13 present testimony concerning:

14 a. Whether they are abused, neglected or

15 dependent.

16 b. Whether there is "immediate and urgent

17 necessity" to be removed from home.

18 c. Their best interests.

19 3. To cross examine witnesses for other parties.

20 4. To obtain an explanation of any proceedings and

21 orders of the court.

22 (4) If the parent, guardian, legal custodian, responsible

23 relative, minor age 8 or over, or counsel of the minor did not

24 have actual notice of or was not present at the shelter care

25 hearing, he or she may file an affidavit setting forth these

26 facts, and the clerk shall set the matter for rehearing not

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1 later than 48 hours, excluding Sundays and legal holidays,

2 after the filing of the affidavit. At the rehearing, the court

3 shall proceed in the same manner as upon the original hearing.

4 (5) Only when there is reasonable cause to believe that the

5 minor taken into custody is a person described in subsection

6 (3) of Section 5-105 may the minor be kept or detained in a

7 detention home or county or municipal jail. This Section shall

8 in no way be construed to limit subsection (6).

9 (6) No minor under 16 years of age may be confined in a

10 jail or place ordinarily used for the confinement of prisoners

11 in a police station. Minors under 18 years of age must be kept

12 separate from confined adults and may not at any time be kept

13 in the same cell, room, or yard with adults confined pursuant

14 to the criminal law.

15 (7) If the minor is not brought before a judicial officer

16 within the time period as specified in Section 2-9, the minor

17 must immediately be released from custody.

18 (8) If neither the parent, guardian or custodian appears

19 within 24 hours to take custody of a minor released upon

20 request pursuant to subsection (2) of this Section, then the

21 clerk of the court shall set the matter for rehearing not later

22 than 7 days after the original order and shall issue a summons

23 directed to the parent, guardian or custodian to appear. At the

24 same time the probation department shall prepare a report on

25 the minor. If a parent, guardian or custodian does not appear

26 at such rehearing, the judge may enter an order prescribing

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1 that the minor be kept in a suitable place designated by the

2 Department of Children and Family Services or a licensed child

3 welfare agency.

4 (9) Notwithstanding any other provision of this Section any

5 interested party, including the State, the temporary

6 custodian, an agency providing services to the minor or family

7 under a service plan pursuant to Section 8.2 of the Abused and

8 Neglected Child Reporting Act, foster parent, or any of their

9 representatives, on notice to all parties entitled to notice,

10 may file a motion that it is in the best interests of the minor

11 to modify or vacate a temporary custody order on any of the

12 following grounds:

13 (a) It is no longer a matter of immediate and urgent

14 necessity that the minor remain in shelter care; or

15 (b) There is a material change in the circumstances of

16 the natural family from which the minor was removed and the

17 child can be cared for at home without endangering the

18 child's health or safety; or

19 (c) A person not a party to the alleged abuse, neglect

20 or dependency, including a parent, relative or legal

21 guardian, is capable of assuming temporary custody of the

22 minor; or

23 (d) Services provided by the Department of Children and

24 Family Services or a child welfare agency or other service

25 provider have been successful in eliminating the need for

26 temporary custody and the child can be cared for at home

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1 without endangering the child's health or safety.

2 In ruling on the motion, the court shall determine whether

3 it is consistent with the health, safety and best interests of

4 the minor to modify or vacate a temporary custody order.

5 The clerk shall set the matter for hearing not later than

6 14 days after such motion is filed. In the event that the court

7 modifies or vacates a temporary custody order but does not

8 vacate its finding of probable cause, the court may order that

9 appropriate services be continued or initiated in behalf of the

10 minor and his or her family.

11 (10) When the court finds or has found that there is

12 probable cause to believe a minor is an abused minor as

13 described in subsection (2) of Section 2-3 and that there is an

14 immediate and urgent necessity for the abused minor to be

15 placed in shelter care, immediate and urgent necessity shall be

16 presumed for any other minor residing in the same household as

17 the abused minor provided:

18 (a) Such other minor is the subject of an abuse or

19 neglect petition pending before the court; and

20 (b) A party to the petition is seeking shelter care for

21 such other minor.

22 Once the presumption of immediate and urgent necessity has

23 been raised, the burden of demonstrating the lack of immediate

24 and urgent necessity shall be on any party that is opposing

25 shelter care for the other minor.

26 (11) The changes made to this Section by Public Act 98-61

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1 ~~this amendatory Act of the 98th General Assembly~~ apply to a

2 minor who has been arrested or taken into custody on or after

3 January 1, 2014 (the effective date ofPublic Act 98-61) ~~this~~

4 ~~amendatory Act~~.

5 (Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13;

6 98-61, eff. 1-1-14; revised 11-22-13.)

7 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)

8 Sec. 2-27. Placement; legal custody or guardianship.

9 (1) If the court determines and puts in writing the factual

10 basis supporting the determination of whether the parents,

11 guardian, or legal custodian of a minor adjudged a ward of the

12 court are unfit or are unable, for some reason other than

13 financial circumstances alone, to care for, protect, train or

14 discipline the minor or are unwilling to do so, and that the

15 health, safety, and best interest of the minor will be

16 jeopardized if the minor remains in the custody of his or her

17 parents, guardian or custodian, the court may at this hearing

18 and at any later point:

19 (a) place the minor in the custody of a suitable

20 relative or other person as legal custodian or guardian;

21 (a-5) with the approval of the Department of Children

22 and Family Services, place the minor in the subsidized

23 guardianship of a suitable relative or other person as

24 legal guardian; "subsidized guardianship" means a private

25 guardianship arrangement for children for whom the

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1 permanency goals of return home and adoption have been

2 ruled out and who meet the qualifications for subsidized

3 guardianship as defined by the Department of Children and

4 Family Services in administrative rules;

5 (b) place the minor under the guardianship of a

6 probation officer;

7 (c) commit the minor to an agency for care or

8 placement, except an institution under the authority of the

9 Department of Corrections or of the Department of Children

10 and Family Services;

11 (d) commit the minor to the Department of Children and

12 Family Services for care and service; however, a minor

13 charged with a criminal offense under the Criminal Code of

14 1961 or the Criminal Code of 2012 or adjudicated delinquent

15 shall not be placed in the custody of or committed to the

16 Department of Children and Family Services by any court,

17 except (i) a minor less than 18 ~~15~~ years of age and

18 committed to the Department of Children and Family Services

19 under Section 5-710 of this Act~~,~~ or (ii) a minor for whom a

20 ~~an independent~~ basis of abuse, neglect, or dependency

21 exists~~, or (iii) a minor for whom the court has granted a~~

22 ~~supplemental petition to reinstate wardship pursuant to~~

23 ~~subsection (2) of Section 2-33 of this Act. An independent~~

24 ~~basis exists when the allegations or adjudication of abuse,~~

25 ~~neglect, or dependency do not arise from the same facts,~~

26 ~~incident, or circumstances which give rise to a charge or~~

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1 ~~adjudication of delinquency~~. The Department shall be given

2 due notice of the pendency of the action and the

3 Guardianship Administrator of the Department of Children

4 and Family Services shall be appointed guardian of the

5 person of the minor. Whenever the Department seeks to

6 discharge a minor from its care and service, the

7 Guardianship Administrator shall petition the court for an

8 order terminating guardianship. The Guardianship

9 Administrator may designate one or more other officers of

10 the Department, appointed as Department officers by

11 administrative order of the Department Director,

12 authorized to affix the signature of the Guardianship

13 Administrator to documents affecting the guardian-ward

14 relationship of children for whom he or she has been

15 appointed guardian at such times as he or she is unable to

16 perform the duties of his or her office. The signature

17 authorization shall include but not be limited to matters

18 of consent of marriage, enlistment in the armed forces,

19 legal proceedings, adoption, major medical and surgical

20 treatment and application for driver's license. Signature

21 authorizations made pursuant to the provisions of this

22 paragraph shall be filed with the Secretary of State and

23 the Secretary of State shall provide upon payment of the

24 customary fee, certified copies of the authorization to any

25 court or individual who requests a copy.

26 (1.5) In making a determination under this Section, the

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1 court shall also consider whether, based on health, safety, and

2 the best interests of the minor,

3 (a) appropriate services aimed at family preservation

4 and family reunification have been unsuccessful in

5 rectifying the conditions that have led to a finding of

6 unfitness or inability to care for, protect, train, or

7 discipline the minor, or

8 (b) no family preservation or family reunification

9 services would be appropriate,

10 and if the petition or amended petition contained an allegation

11 that the parent is an unfit person as defined in subdivision

12 (D) of Section 1 of the Adoption Act, and the order of

13 adjudication recites that parental unfitness was established

14 by clear and convincing evidence, the court shall, when

15 appropriate and in the best interest of the minor, enter an

16 order terminating parental rights and appointing a guardian

17 with power to consent to adoption in accordance with Section

18 2-29.

19 When making a placement, the court, wherever possible,

20 shall require the Department of Children and Family Services to

21 select a person holding the same religious belief as that of

22 the minor or a private agency controlled by persons of like

23 religious faith of the minor and shall require the Department

24 to otherwise comply with Section 7 of the Children and Family

25 Services Act in placing the child. In addition, whenever

26 alternative plans for placement are available, the court shall

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1 ascertain and consider, to the extent appropriate in the

2 particular case, the views and preferences of the minor.

3 (2) When a minor is placed with a suitable relative or

4 other person pursuant to item (a) of subsection (1), the court

5 shall appoint him or her the legal custodian or guardian of the

6 person of the minor. When a minor is committed to any agency,

7 the court shall appoint the proper officer or representative

8 thereof as legal custodian or guardian of the person of the

9 minor. Legal custodians and guardians of the person of the

10 minor have the respective rights and duties set forth in

11 subsection (9) of Section 1-3 except as otherwise provided by

12 order of court; but no guardian of the person may consent to

13 adoption of the minor unless that authority is conferred upon

14 him or her in accordance with Section 2-29. An agency whose

15 representative is appointed guardian of the person or legal

16 custodian of the minor may place the minor in any child care

17 facility, but the facility must be licensed under the Child

18 Care Act of 1969 or have been approved by the Department of

19 Children and Family Services as meeting the standards

20 established for such licensing. No agency may place a minor

21 adjudicated under Sections 2-3 or 2-4 in a child care facility

22 unless the placement is in compliance with the rules and

23 regulations for placement under this Section promulgated by the

24 Department of Children and Family Services under Section 5 of

25 the Children and Family Services Act. Like authority and

26 restrictions shall be conferred by the court upon any probation

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1 officer who has been appointed guardian of the person of a

2 minor.

3 (3) No placement by any probation officer or agency whose

4 representative is appointed guardian of the person or legal

5 custodian of a minor may be made in any out of State child care

6 facility unless it complies with the Interstate Compact on the

7 Placement of Children. Placement with a parent, however, is not

8 subject to that Interstate Compact.

9 (4) The clerk of the court shall issue to the legal

10 custodian or guardian of the person a certified copy of the

11 order of court, as proof of his authority. No other process is

12 necessary as authority for the keeping of the minor.

13 (5) Custody or guardianship granted under this Section

14 continues until the court otherwise directs, but not after the

15 minor reaches the age of 19 years except as set forth in

16 Section 2-31, or if the minor was previously committed to the

17 Department of Children and Family Services for care and service

18 and the court has granted a supplemental petition to reinstate

19 wardship pursuant to subsection (2) of Section 2-33.

20 (6) (Blank).

21 (Source: P.A. 96-581, eff. 1-1-10; 97-1150, eff. 1-25-13.)

22 (705 ILCS 405/5-710)

23 Sec. 5-710. Kinds of sentencing orders.

24 (1) The following kinds of sentencing orders may be made in

25 respect of wards of the court:

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1 (a) Except as provided in Sections 5-805, 5-810, 5-815,

2 a minor who is found guilty under Section 5-620 may be:

3 (i) put on probation or conditional discharge and

4 released to his or her parents, guardian or legal

5 custodian, provided, however, that any such minor who

6 is not committed to the Department of Juvenile Justice

7 under this subsection and who is found to be a

8 delinquent for an offense which is first degree murder,

9 a Class X felony, or a forcible felony shall be placed

10 on probation;

11 (ii) placed in accordance with Section 5-740, with

12 or without also being put on probation or conditional

13 discharge;

14 (iii) required to undergo a substance abuse

15 assessment conducted by a licensed provider and

16 participate in the indicated clinical level of care;

17 (iv) placed in the guardianship of the Department

18 of Children and Family Services,~~but only~~ if the

19 delinquent minor is under 18 ~~15~~ years of age and the

20 court finds that reasonable efforts have been made to

21 prevent or eliminate the need for removal and that

22 continuance in the home of the parent or guardian would

23 be contrary to the minor's welfare; ~~or,~~

24 (iv-5) placed in the guardianship of the

25 Department of Children and Family Services under

26 ~~pursuant to~~ Article II of this Act~~, a minor for whom an~~

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1 ~~independent basis of abuse, neglect, or dependency~~

2 ~~exists. An independent basis exists when the~~

3 ~~allegations or adjudication of abuse, neglect, or~~

4 ~~dependency do not arise from the same facts, incident,~~

5 ~~or circumstances which give rise to a charge or~~

6 ~~adjudication of delinquency~~;

7 (v) placed in detention for a period not to exceed

8 30 days, either as the exclusive order of disposition

9 or, where appropriate, in conjunction with any other

10 order of disposition issued under this paragraph,

11 provided that any such detention shall be in a juvenile

12 detention home and the minor so detained shall be 10

13 years of age or older. However, the 30-day limitation

14 may be extended by further order of the court for a

15 minor under age 15 committed to the Department of

16 Children and Family Services if the court finds that

17 the minor is a danger to himself or others. The minor

18 shall be given credit on the sentencing order of

19 detention for time spent in detention under Sections

20 5-501, 5-601, 5-710, or 5-720 of this Article as a

21 result of the offense for which the sentencing order

22 was imposed. The court may grant credit on a sentencing

23 order of detention entered under a violation of

24 probation or violation of conditional discharge under

25 Section 5-720 of this Article for time spent in

26 detention before the filing of the petition alleging

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1 the violation. A minor shall not be deprived of credit

2 for time spent in detention before the filing of a

3 violation of probation or conditional discharge

4 alleging the same or related act or acts. The

5 limitation that the minor shall only be placed in a

6 juvenile detention home does not apply as follows:

7 Persons 18 years of age and older who have a

8 petition of delinquency filed against them may be

9 confined in an adult detention facility. In making a

10 determination whether to confine a person 18 years of

11 age or older who has a petition of delinquency filed

12 against the person, these factors, among other

13 matters, shall be considered:

14 (A) the age of the person;

15 (B) any previous delinquent or criminal

16 history of the person;

17 (C) any previous abuse or neglect history of

18 the person;

19 (D) any mental health history of the person;

20 and

21 (E) any educational history of the person;

22 (vi) ordered partially or completely emancipated

23 in accordance with the provisions of the Emancipation

24 of Minors Act;

25 (vii) subject to having his or her driver's license

26 or driving privileges suspended for such time as

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1 determined by the court but only until he or she

2 attains 18 years of age;

3 (viii) put on probation or conditional discharge

4 and placed in detention under Section 3-6039 of the

5 Counties Code for a period not to exceed the period of

6 incarceration permitted by law for adults found guilty

7 of the same offense or offenses for which the minor was

8 adjudicated delinquent, and in any event no longer than

9 upon attainment of age 21; this subdivision (viii)

10 notwithstanding any contrary provision of the law;

11 (ix) ordered to undergo a medical or other

12 procedure to have a tattoo symbolizing allegiance to a

13 street gang removed from his or her body; or

14 (x) placed in electronic home detention under Part

15 7A of this Article.

16 (b) A minor found to be guilty may be committed to the

17 Department of Juvenile Justice under Section 5-750 if the

18 minor is 13 years of age or older, provided that the

19 commitment to the Department of Juvenile Justice shall be

20 made only if a term of incarceration is permitted by law

21 for adults found guilty of the offense for which the minor

22 was adjudicated delinquent. The time during which a minor

23 is in custody before being released upon the request of a

24 parent, guardian or legal custodian shall be considered as

25 time spent in detention.

26 (c) When a minor is found to be guilty for an offense

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1 which is a violation of the Illinois Controlled Substances

2 Act, the Cannabis Control Act, or the Methamphetamine

3 Control and Community Protection Act and made a ward of the

4 court, the court may enter a disposition order requiring

5 the minor to undergo assessment, counseling or treatment in

6 a substance abuse program approved by the Department of

7 Human Services.

8 (2) Any sentencing order other than commitment to the

9 Department of Juvenile Justice may provide for protective

10 supervision under Section 5-725 and may include an order of

11 protection under Section 5-730.

12 (3) Unless the sentencing order expressly so provides, it

13 does not operate to close proceedings on the pending petition,

14 but is subject to modification until final closing and

15 discharge of the proceedings under Section 5-750.

16 (4) In addition to any other sentence, the court may order

17 any minor found to be delinquent to make restitution, in

18 monetary or non-monetary form, under the terms and conditions

19 of Section 5-5-6 of the Unified Code of Corrections, except

20 that the "presentencing hearing" referred to in that Section

21 shall be the sentencing hearing for purposes of this Section.

22 The parent, guardian or legal custodian of the minor may be

23 ordered by the court to pay some or all of the restitution on

24 the minor's behalf, pursuant to the Parental Responsibility

25 Law. The State's Attorney is authorized to act on behalf of any

26 victim in seeking restitution in proceedings under this

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1 Section, up to the maximum amount allowed in Section 5 of the

2 Parental Responsibility Law.

3 (5) Any sentencing order where the minor is committed or

4 placed in accordance with Section 5-740 shall provide for the

5 parents or guardian of the estate of the minor to pay to the

6 legal custodian or guardian of the person of the minor such

7 sums as are determined by the custodian or guardian of the

8 person of the minor as necessary for the minor's needs. The

9 payments may not exceed the maximum amounts provided for by

10 Section 9.1 of the Children and Family Services Act.

11 (6) Whenever the sentencing order requires the minor to

12 attend school or participate in a program of training, the

13 truant officer or designated school official shall regularly

14 report to the court if the minor is a chronic or habitual

15 truant under Section 26-2a of the School Code. Notwithstanding

16 any other provision of this Act, in instances in which

17 educational services are to be provided to a minor in a

18 residential facility where the minor has been placed by the

19 court, costs incurred in the provision of those educational

20 services must be allocated based on the requirements of the

21 School Code.

22 (7) In no event shall a guilty minor be committed to the

23 Department of Juvenile Justice for a period of time in excess

24 of that period for which an adult could be committed for the

25 same act.

26 (8) A minor found to be guilty for reasons that include a

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1 violation of Section 21-1.3 of the Criminal Code of 1961 or the

2 Criminal Code of 2012 shall be ordered to perform community

3 service for not less than 30 and not more than 120 hours, if

4 community service is available in the jurisdiction. The

5 community service shall include, but need not be limited to,

6 the cleanup and repair of the damage that was caused by the

7 violation or similar damage to property located in the

8 municipality or county in which the violation occurred. The

9 order may be in addition to any other order authorized by this

10 Section.

11 (8.5) A minor found to be guilty for reasons that include a

12 violation of Section 3.02 or Section 3.03 of the Humane Care

13 for Animals Act or paragraph (d) of subsection (1) of Section

14 21-1 of the Criminal Code of 1961 or paragraph (4) of

15 subsection (a) of Section 21-1 of the Criminal Code of 2012

16 shall be ordered to undergo medical or psychiatric treatment

17 rendered by a psychiatrist or psychological treatment rendered

18 by a clinical psychologist. The order may be in addition to any

19 other order authorized by this Section.

20 (9) In addition to any other sentencing order, the court

21 shall order any minor found to be guilty for an act which would

22 constitute, predatory criminal sexual assault of a child,

23 aggravated criminal sexual assault, criminal sexual assault,

24 aggravated criminal sexual abuse, or criminal sexual abuse if

25 committed by an adult to undergo medical testing to determine

26 whether the defendant has any sexually transmissible disease

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1 including a test for infection with human immunodeficiency

2 virus (HIV) or any other identified causative agency of

3 acquired immunodeficiency syndrome (AIDS). Any medical test

4 shall be performed only by appropriately licensed medical

5 practitioners and may include an analysis of any bodily fluids

6 as well as an examination of the minor's person. Except as

7 otherwise provided by law, the results of the test shall be

8 kept strictly confidential by all medical personnel involved in

9 the testing and must be personally delivered in a sealed

10 envelope to the judge of the court in which the sentencing

11 order was entered for the judge's inspection in camera. Acting

12 in accordance with the best interests of the victim and the

13 public, the judge shall have the discretion to determine to

14 whom the results of the testing may be revealed. The court

15 shall notify the minor of the results of the test for infection

16 with the human immunodeficiency virus (HIV). The court shall

17 also notify the victim if requested by the victim, and if the

18 victim is under the age of 15 and if requested by the victim's

19 parents or legal guardian, the court shall notify the victim's

20 parents or the legal guardian, of the results of the test for

21 infection with the human immunodeficiency virus (HIV). The

22 court shall provide information on the availability of HIV

23 testing and counseling at the Department of Public Health

24 facilities to all parties to whom the results of the testing

25 are revealed. The court shall order that the cost of any test

26 shall be paid by the county and may be taxed as costs against

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1 the minor.

2 (10) When a court finds a minor to be guilty the court

3 shall, before entering a sentencing order under this Section,

4 make a finding whether the offense committed either: (a) was

5 related to or in furtherance of the criminal activities of an

6 organized gang or was motivated by the minor's membership in or

7 allegiance to an organized gang, or (b) involved a violation of

8 subsection (a) of Section 12-7.1 of the Criminal Code of 1961

9 or the Criminal Code of 2012, a violation of any Section of

10 Article 24 of the Criminal Code of 1961 or the Criminal Code of

11 2012, or a violation of any statute that involved the wrongful

12 use of a firearm. If the court determines the question in the

13 affirmative, and the court does not commit the minor to the

14 Department of Juvenile Justice, the court shall order the minor

15 to perform community service for not less than 30 hours nor

16 more than 120 hours, provided that community service is

17 available in the jurisdiction and is funded and approved by the

18 county board of the county where the offense was committed. The

19 community service shall include, but need not be limited to,

20 the cleanup and repair of any damage caused by a violation of

21 Section 21-1.3 of the Criminal Code of 1961 or the Criminal

22 Code of 2012 and similar damage to property located in the

23 municipality or county in which the violation occurred. When

24 possible and reasonable, the community service shall be

25 performed in the minor's neighborhood. This order shall be in

26 addition to any other order authorized by this Section except

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1 for an order to place the minor in the custody of the

2 Department of Juvenile Justice. For the purposes of this

3 Section, "organized gang" has the meaning ascribed to it in

4 Section 10 of the Illinois Streetgang Terrorism Omnibus

5 Prevention Act.

6 (11) If the court determines that the offense was committed

7 in furtherance of the criminal activities of an organized gang,

8 as provided in subsection (10), and that the offense involved

9 the operation or use of a motor vehicle or the use of a

10 driver's license or permit, the court shall notify the

11 Secretary of State of that determination and of the period for

12 which the minor shall be denied driving privileges. If, at the

13 time of the determination, the minor does not hold a driver's

14 license or permit, the court shall provide that the minor shall

15 not be issued a driver's license or permit until his or her

16 18th birthday. If the minor holds a driver's license or permit

17 at the time of the determination, the court shall provide that

18 the minor's driver's license or permit shall be revoked until

19 his or her 21st birthday, or until a later date or occurrence

20 determined by the court. If the minor holds a driver's license

21 at the time of the determination, the court may direct the

22 Secretary of State to issue the minor a judicial driving

23 permit, also known as a JDP. The JDP shall be subject to the

24 same terms as a JDP issued under Section 6-206.1 of the

25 Illinois Vehicle Code, except that the court may direct that

26 the JDP be effective immediately.

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1 (12) If a minor is found to be guilty of a violation of

2 subsection (a-7) of Section 1 of the Prevention of Tobacco Use

3 by Minors Act, the court may, in its discretion, and upon

4 recommendation by the State's Attorney, order that minor and

5 his or her parents or legal guardian to attend a smoker's

6 education or youth diversion program as defined in that Act if

7 that program is available in the jurisdiction where the

8 offender resides. Attendance at a smoker's education or youth

9 diversion program shall be time-credited against any community

10 service time imposed for any first violation of subsection

11 (a-7) of Section 1 of that Act. In addition to any other

12 penalty that the court may impose for a violation of subsection

13 (a-7) of Section 1 of that Act, the court, upon request by the

14 State's Attorney, may in its discretion require the offender to

15 remit a fee for his or her attendance at a smoker's education

16 or youth diversion program.

17 For purposes of this Section, "smoker's education program"

18 or "youth diversion program" includes, but is not limited to, a

19 seminar designed to educate a person on the physical and

20 psychological effects of smoking tobacco products and the

21 health consequences of smoking tobacco products that can be

22 conducted with a locality's youth diversion program.

23 In addition to any other penalty that the court may impose

24 under this subsection (12):

25 (a) If a minor violates subsection (a-7) of Section 1

26 of the Prevention of Tobacco Use by Minors Act, the court

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1 may impose a sentence of 15 hours of community service or a

2 fine of $25 for a first violation.

3 (b) A second violation by a minor of subsection (a-7)

4 of Section 1 of that Act that occurs within 12 months after

5 the first violation is punishable by a fine of $50 and 25

6 hours of community service.

7 (c) A third or subsequent violation by a minor of

8 subsection (a-7) of Section 1 of that Act that occurs

9 within 12 months after the first violation is punishable by

10 a $100 fine and 30 hours of community service.

11 (d) Any second or subsequent violation not within the

12 12-month time period after the first violation is

13 punishable as provided for a first violation.

14 (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13.)