Sen. Laura Fine

Filed: 2/20/2019

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1 AMENDMENT TO SENATE BILL 1116

2 AMENDMENT NO. ______. Amend Senate Bill 1116 by replacing

3 everything after the enacting clause with the following:

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

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1 1987, as amended, ~~prior to the age of 18~~ and who

2 continue under the jurisdiction of the court; or

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

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

5 interest in the discretion of the Department would be

6 served by continuing that care, service and training

7 because of severe emotional disturbances, physical

8 disability, social adjustment or any combination

9 thereof, or because of the need to complete an

10 educational or vocational training program.

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

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

13 stable living situation and cannot be reunited with their

14 families.

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

16 services which are directed toward the accomplishment of

17 the following purposes:

18 (A) protecting and promoting the health, safety

19 and welfare of children, including homeless, dependent

20 or neglected children;

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

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

23 exploitation or delinquency of children;

24 (C) preventing the unnecessary separation of

25 children from their families by identifying family

26 problems, assisting families in resolving their

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1 problems, and preventing the breakup of the family

2 where the prevention of child removal is desirable and

3 possible when the child can be cared for at home

4 without endangering the child's health and safety;

5 (D) restoring to their families children who have

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

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

8 home without endangering the child's health and

9 safety;

10 (E) placing children in suitable adoptive homes,

11 in cases where restoration to the biological family is

12 not safe, possible or appropriate;

13 (F) assuring safe and adequate care of children

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

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

16 the time of placement, the Department shall consider

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

18 of this Section so that permanency may occur at the

19 earliest opportunity. Consideration should be given so

20 that if reunification fails or is delayed, the

21 placement made is the best available placement to

22 provide permanency for the child;

23 (G) (blank);

24 (H) (blank); and

25 (I) placing and maintaining children in facilities

26 that provide separate living quarters for children

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

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

3 last year of high school education or vocational

4 training, in an approved individual or group treatment

5 program, in a licensed shelter facility, or secure

6 child care facility. The Department is not required to

7 place or maintain children:

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

9 (ii) who are persons with a developmental

10 disability, as defined in the Mental Health and

11 Developmental Disabilities Code, or

12 (iii) who are female children who are

13 pregnant, pregnant and parenting or parenting, or

14 (iv) who are siblings, in facilities that

15 provide separate living quarters for children 18

16 years of age and older and for children under 18

17 years of age.

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

19 the expenditure of public funds for the purpose of performing

20 abortions.

21 (c) The Department shall establish and maintain

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

23 improve voluntary services throughout the State, to the end

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

25 throughout the State to children requiring such services.

26 (d) The Director may authorize advance disbursements for

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1 any new program initiative to any agency contracting with the

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

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

4 disbursement and have a purchase of service contract approved

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

6 operational expenses in advance. The amount of the advance

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

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

9 the installment amount shall then be deducted from future

10 bills. Advance disbursement authorizations for new initiatives

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

12 during 2 consecutive fiscal years. The requirements of this

13 Section concerning advance disbursements shall not apply with

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

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

16 Act; and youth service programs receiving grant funds under

17 Section 17a-4.

18 (e) (Blank).

19 (f) (Blank).

20 (g) The Department shall establish rules and regulations

21 concerning its operation of programs designed to meet the goals

22 of child safety and protection, family preservation, family

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

24 (1) adoption;

25 (2) foster care;

26 (3) family counseling;

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1 (4) protective services;

2 (5) (blank);

3 (6) homemaker service;

4 (7) return of runaway children;

5 (8) (blank);

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

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

8 Court Act of 1987 in accordance with the federal Adoption

9 Assistance and Child Welfare Act of 1980; and

10 (10) interstate services.

11 Rules and regulations established by the Department shall

12 include provisions for training Department staff and the staff

13 of Department grantees, through contracts with other agencies

14 or resources, in screening techniques to identify substance use

15 disorders, as defined in the Substance Use Disorder Act,

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

17 the Department of Alcoholism and Substance Abuse, for the

18 purpose of identifying children and adults who should be

19 referred for an assessment at an organization appropriately

20 licensed by the Department of Human Services for substance use

21 disorder treatment.

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

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

24 youth in care and that no licensed private facility has an

25 adequate and appropriate program or none agrees to accept the

26 youth in care, the Department shall create an appropriate

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1 individualized, program-oriented plan for such youth in care.

2 The plan may be developed within the Department or through

3 purchase of services by the Department to the extent that it is

4 within its statutory authority to do.

5 (i) Service programs shall be available throughout the

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

7 services:

8 (1) case management;

9 (2) homemakers;

10 (3) counseling;

11 (4) parent education;

12 (5) day care; and

13 (6) emergency assistance and advocacy.

14 In addition, the following services may be made available

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

16 (1) comprehensive family-based services;

17 (2) assessments;

18 (3) respite care; and

19 (4) in-home health services.

20 The Department shall provide transportation for any of the

21 services it makes available to children or families or for

22 which it refers children or families.

23 (j) The Department may provide categories of financial

24 assistance and education assistance grants, and shall

25 establish rules and regulations concerning the assistance and

26 grants, to persons who adopt children with physical or mental

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1 disabilities, children who are older, or other hard-to-place

2 children who (i) immediately prior to their adoption were youth

3 in care or (ii) were determined eligible for financial

4 assistance with respect to a prior adoption and who become

5 available for adoption because the prior adoption has been

6 dissolved and the parental rights of the adoptive parents have

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

8 died. The Department may continue to provide financial

9 assistance and education assistance grants for a child who was

10 determined eligible for financial assistance under this

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

12 adoptive parents died and ending with the finalization of the

13 new adoption of the child by another adoptive parent or

14 parents. The Department may also provide categories of

15 financial assistance and education assistance grants, and

16 shall establish rules and regulations for the assistance and

17 grants, to persons appointed guardian of the person under

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

19 4-25,or 5-740 of the Juvenile Court Act of 1987 for children

20 who were youth in care for 12 months immediately prior to the

21 appointment of the guardian.

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

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

24 annual assistance agreement. Special purpose grants are

25 allowed where the child requires special service but such costs

26 may not exceed the amounts which similar services would cost

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

2 of the child.

3 Any financial assistance provided under this subsection is

4 inalienable by assignment, sale, execution, attachment,

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

6 a judgment or debt.

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

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

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

10 outside of the State of Illinois.

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

12 child who has been adjudicated neglected or abused, or

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

14 the Juvenile Court Act of 1987.

15 (l) The Department shall offer family preservation

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

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

18 extended families. Family preservation services shall be

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

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

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

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

23 maintain an adoptive placement. Family preservation services

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

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

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

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1 family preservation services shall not be offered if a goal

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

3 subsection (2) of Section 2-28 of that Act has been set, except

4 that reunification services may be offered as provided in

5 paragraph (F) of subsection (2) of Section 2-28 of that Act.

6 Nothing in this paragraph shall be construed to create a

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

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

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

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

11 facilitate achievement of the permanency goal, the court

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

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

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

15 reasonable promptness and if those services are available.

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

17 Department's responsibility to offer and provide family

18 preservation services as identified in the service plan. The

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

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

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

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

23 prior to concluding its investigation under Section 7.12 of the

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

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

26 considered in the investigation. The Department may also

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

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

3 such child or family to services available from other agencies

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

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

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

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

8 services shall be voluntary. The Department may also provide

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

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

11 under the "differential response program" provided for in

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

13 Child Reporting Act.

14 The Department may, at its discretion except for those

15 children also adjudicated neglected or dependent, accept for

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

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

18 requiring authoritative intervention, under the Juvenile Court

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

20 be committed to the Department by any court without the

21 approval of the Department. On and after January 1, 2015 (the

22 effective date of Public Act 98-803) and before January 1,

23 2017, a minor charged with a criminal offense under the

24 Criminal Code of 1961 or the Criminal Code of 2012 or

25 adjudicated delinquent shall not be placed in the custody of or

26 committed to the Department by any court, except (i) a minor

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1 less than 16 years of age committed to the Department under

2 Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor

3 for whom an independent basis of abuse, neglect, or dependency

4 exists, which must be defined by departmental rule, or (iii) a

5 minor for whom the court has granted a supplemental petition to

6 reinstate wardship pursuant to subsection (2) of Section 2-33

7 of the Juvenile Court Act of 1987. On and after January 1,

8 2017, a minor charged with a criminal offense under the

9 Criminal Code of 1961 or the Criminal Code of 2012 or

10 adjudicated delinquent shall not be placed in the custody of or

11 committed to the Department by any court, except (i) a minor

12 less than 15 years of age committed to the Department under

13 Section 5-710 of the Juvenile Court Act of 1987, ii) a minor

14 for whom an independent basis of abuse, neglect, or dependency

15 exists, which must be defined by departmental rule, or (iii) a

16 minor for whom the court has granted a supplemental petition to

17 reinstate wardship pursuant to subsection (2) of Section 2-33

18 of the Juvenile Court Act of 1987. An independent basis exists

19 when the allegations or adjudication of abuse, neglect, or

20 dependency do not arise from the same facts, incident, or

21 circumstances which give rise to a charge or adjudication of

22 delinquency. The Department shall assign a caseworker to attend

23 any hearing involving a youth in the care and custody of the

24 Department who is placed on aftercare release, including

25 hearings involving sanctions for violation of aftercare

26 release conditions and aftercare release revocation hearings.

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

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

3 implement a special program of family preservation services to

4 support intact, foster, and adoptive families who are

5 experiencing extreme hardships due to the difficulty and stress

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

7 developmental disorder if the Department determines that those

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

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

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

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

12 family to services available from other agencies in the

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

14 reasonably likely to subject the child or family to future

15 reports of suspected child abuse or neglect. Acceptance of

16 these services shall be voluntary. The Department shall develop

17 and implement a public information campaign to alert health and

18 social service providers and the general public about these

19 special family preservation services. The nature and scope of

20 the services offered and the number of families served under

21 the special program implemented under this paragraph shall be

22 determined by the level of funding that the Department annually

23 allocates for this purpose. The term "pervasive developmental

24 disorder" under this paragraph means a neurological condition,

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

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

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1 Statistical Manual of Mental Disorders of the American

2 Psychiatric Association.

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

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

5 permanent living arrangement as soon as is practically

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

7 Department of Children and Family Services to conduct

8 concurrent planning so that permanency may occur at the

9 earliest opportunity. Permanent living arrangements may

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

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

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

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

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

15 permanent living arrangement and permanent legal status.

16 When determining reasonable efforts to be made with respect

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

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

19 paramount concern.

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

21 ensure and document that reasonable efforts were made to

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

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

24 reunify the family when temporary placement of the child occurs

25 unless otherwise required, pursuant to the Juvenile Court Act

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

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1 Department believes that further reunification services would

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

3 reasonable efforts are no longer appropriate. The Department is

4 not required to provide further reunification services after

5 such a finding.

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

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

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

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

10 placement made is the best available placement to provide

11 permanency for the child.

12 The Department shall adopt rules addressing concurrent

13 planning for reunification and permanency. The Department

14 shall consider the following factors when determining

15 appropriateness of concurrent planning:

16 (1) the likelihood of prompt reunification;

17 (2) the past history of the family;

18 (3) the barriers to reunification being addressed by

19 the family;

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

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

22 family to reunite;

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

24 provide an adoptive home or long-term placement;

25 (7) the age of the child;

26 (8) placement of siblings.

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

2 child if:

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

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

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

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

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

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

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

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

11 guardian, custodian or responsible caretaker, the Department

12 may, instead of removing the child and assuming temporary

13 custody, place an authorized representative of the Department

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

15 custodian enters the home and expresses a willingness and

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

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

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

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

20 parent, guardian or custodian enters the home and expresses

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

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

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

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

25 5-415 of the Juvenile Court Act of 1987.

26 The Department shall have the authority, responsibilities

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

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

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

4 pursuant to an investigation under the Abused and Neglected

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

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

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

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

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

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

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

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

13 1987.

14 The Department shall ensure that any child taken into

15 custody is scheduled for an appointment for a medical

16 examination.

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

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

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

20 deliver to the Department a signed request that the Department

21 surrender the temporary custody of the child. The Department

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

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

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

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

26 temporary custody of the child until the court orders

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

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

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

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

5 the Department with respect to the temporary custody of the

6 child shall terminate.

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

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

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

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

11 determination is made by the facility director and the Director

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

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

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

15 to placement in a correctional facility operated pursuant to

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

17 child is a youth in care who was placed in the care of the

18 Department before being subject to placement in a correctional

19 facility and a court of competent jurisdiction has ordered

20 placement of the child in a secure care facility.

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

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

23 Department, appropriate services aimed at family preservation

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

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

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

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1 supervision of any child placed in a licensed child care

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

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

4 Department and the parents or guardians, except that no

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

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

7 training and supervision of such a child that exceed the

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

9 child in institutions for dependent or neglected children

10 operated by the Department. However, such restriction on

11 payments does not apply in cases where children require

12 specialized care and treatment for problems of severe emotional

13 disturbance, physical disability, social adjustment, or any

14 combination thereof and suitable facilities for the placement

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

16 limitations set forth in this Section. All reimbursements for

17 services delivered shall be absolutely inalienable by

18 assignment, sale, attachment, garnishment or otherwise.

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

20 welfare services, aimed at assisting minors to achieve

21 sustainable self-sufficiency as independent adults, for any

22 minor eligible for the reinstatement of wardship pursuant to

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

24 1987, whether or not such reinstatement is sought or allowed,

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

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

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1 responsibility for the development and delivery of services

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

3 this Section through the Department of Children and Family

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

5 Youth participating in services under this Section shall

6 cooperate with the assigned case manager in developing an

7 agreement identifying the services to be provided and how the

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

9 homeless shelter is not considered appropriate housing for any

10 youth receiving child welfare services under this Section. The

11 Department shall continue child welfare services under this

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

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

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

15 Department of Children and Family Services shall create clear,

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

17 welfare services under this Section and how such services may

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

19 the Department of Human Services shall disseminate this

20 information statewide. The Department shall adopt regulations

21 describing services intended to assist minors in achieving

22 sustainable self-sufficiency as independent adults.

23 (o) The Department shall establish an administrative

24 review and appeal process for children and families who request

25 or receive child welfare services from the Department. Youth in

26 care who are placed by private child welfare agencies, and

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1 foster families with whom those youth are placed, shall be

2 afforded the same procedural and appeal rights as children and

3 families in the case of placement by the Department, including

4 the right to an initial review of a private agency decision by

5 that agency. The Department shall ensure that any private child

6 welfare agency, which accepts youth in care for placement,

7 affords those rights to children and foster families. The

8 Department shall accept for administrative review and an appeal

9 hearing a complaint made by (i) a child or foster family

10 concerning a decision following an initial review by a private

11 child welfare agency or (ii) a prospective adoptive parent who

12 alleges a violation of subsection (j-5) of this Section. An

13 appeal of a decision concerning a change in the placement of a

14 child shall be conducted in an expedited manner. A court

15 determination that a current foster home placement is necessary

16 and appropriate under Section 2-28 of the Juvenile Court Act of

17 1987 does not constitute a judicial determination on the merits

18 of an administrative appeal, filed by a former foster parent,

19 involving a change of placement decision.

20 (p) (Blank).

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

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

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

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

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

26 the Department.

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

2 interest-bearing accounts in appropriate financial

3 institutions for children for whom the Department is legally

4 responsible and who have been determined eligible for Veterans'

5 Benefits, Social Security benefits, assistance allotments from

6 the armed forces, court ordered payments, parental voluntary

7 payments, Supplemental Security Income, Railroad Retirement

8 payments, Black Lung benefits, or other miscellaneous

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

10 the account, unless disbursed in accordance with this

11 subsection.

12 In disbursing funds from children's accounts, the

13 Department shall:

14 (1) Establish standards in accordance with State and

15 federal laws for disbursing money from children's

16 accounts. In all circumstances, the Department's

17 "Guardianship Administrator" or his or her designee must

18 approve disbursements from children's accounts. The

19 Department shall be responsible for keeping complete

20 records of all disbursements for each account for any

21 purpose.

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

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

24 not covered under Medicaid, and social services; and

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

26 regulation, to reimburse those costs. Monthly,

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

2 $13,000,000, shall be deposited by the Department into the

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

4 $13,000,000 into the DCFS Children's Services Fund.

5 (3) Maintain any balance remaining after reimbursing

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

7 The balance shall accumulate in accordance with relevant

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

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

10 (r) The Department shall promulgate regulations

11 encouraging all adoption agencies to voluntarily forward to the

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

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

14 hard-to-place child or child with a disability and the names of

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

16 such names and addresses shall be maintained by the Department

17 or its agent, and coded lists which maintain the

18 confidentiality of the person seeking to adopt the child and of

19 the child shall be made available, without charge, to every

20 adoption agency in the State to assist the agencies in placing

21 such children for adoption. The Department may delegate to an

22 agent its duty to maintain and make available such lists. The

23 Department shall ensure that such agent maintains the

24 confidentiality of the person seeking to adopt the child and of

25 the child.

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

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1 establish and implement a program to reimburse Department and

2 private child welfare agency foster parents licensed by the

3 Department of Children and Family Services for damages

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

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

6 party coverage for such foster parents with regard to actions

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

8 secondary to the foster parent liability insurance policy, if

9 applicable. The program shall be funded through appropriations

10 from the General Revenue Fund, specifically designated for such

11 purposes.

12 (t) The Department shall perform home studies and

13 investigations and shall exercise supervision over visitation

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

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

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

17 directs the Department to perform such services; and

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

19 the proceeding to reimburse the Department for its

20 reasonable costs for providing such services in accordance

21 with Department rules, or has determined that neither party

22 is financially able to pay.

23 The Department shall provide written notification to the

24 court of the specific arrangements for supervised visitation

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

26 The Department shall send to the court information related to

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1 the costs incurred except in cases where the court has

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

3 may order additional periodic reports as appropriate.

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

5 whenever the Department places a child with a prospective

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

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

8 Department shall provide to the prospective adoptive parent or

9 parents or other caretaker:

10 (1) available detailed information concerning the

11 child's educational and health history, copies of

12 immunization records (including insurance and medical card

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

14 placements, if any, and reasons for placement changes

15 excluding any information that identifies or reveals the

16 location of any previous caretaker;

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

18 plan, including any visitation arrangement, and all

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

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

21 individualized educational plan when the child is

22 receiving special education services.

23 The caretaker shall be informed of any known social or

24 behavioral information (including, but not limited to,

25 criminal background, fire setting, perpetuation of sexual

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

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

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

3 the information required by this paragraph, which may be

4 provided to the foster or prospective adoptive parent in

5 advance of a placement. The foster or prospective adoptive

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

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

8 placement, casework staff shall at least provide known

9 information verbally, if necessary, and must subsequently

10 provide the information in writing as required by this

11 subsection.

12 The information described in this subsection shall be

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

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

15 of written information, the Department shall provide such

16 information as it becomes available. Within 10 business days

17 after placement, the Department shall obtain from the

18 prospective adoptive parent or parents or other caretaker a

19 signed verification of receipt of the information provided.

20 Within 10 business days after placement, the Department shall

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

22 information provided to the prospective adoptive parent or

23 parents or other caretaker. The information provided to the

24 prospective adoptive parent or parents or other caretaker shall

25 be reviewed and approved regarding accuracy at the supervisory

26 level.

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

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

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

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

5 were approved pursuant to approved relative placement rules

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

7 335 and had submitted an application for licensure as a foster

8 family home may continue to receive foster care payments only

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

10 foster family home or that their application for licensure is

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

12 (v) The Department shall access criminal history record

13 information as defined in the Illinois Uniform Conviction

14 Information Act and information maintained in the adjudicatory

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

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

17 if the Department determines the information is necessary to

18 perform its duties under the Abused and Neglected Child

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

20 Family Services Act. The Department shall provide for

21 interactive computerized communication and processing

22 equipment that permits direct on-line communication with the

23 Department of State Police's central criminal history data

24 repository. The Department shall comply with all certification

25 requirements and provide certified operators who have been

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

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1 addition, one Office of the Inspector General investigator

2 shall have training in the use of the criminal history

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

4 Department of Children and Family Services and its employees

5 shall abide by rules and regulations established by the

6 Department of State Police relating to the access and

7 dissemination of this information.

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

9 Department shall conduct a criminal records background check of

10 the prospective foster or adoptive parent, including

11 fingerprint-based checks of national crime information

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

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

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

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

16 or homicide, but not including other physical assault or

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

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

19 the past 5 years.

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

21 Department shall check its child abuse and neglect registry for

22 information concerning prospective foster and adoptive

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

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

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

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

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1 abuse and neglect registry.

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

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

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

5 the development of in-state licensed secure child care

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

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

8 For purposes of this subsection, secure care facility shall

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

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

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

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

13 freedom of movement within the perimeter of the facility,

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

15 include descriptions of the types of facilities that are needed

16 in Illinois; the cost of developing these secure care

17 facilities; the estimated number of placements; the potential

18 cost savings resulting from the movement of children currently

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

20 necessary geographic distribution of these facilities in

21 Illinois; and a proposed timetable for development of such

22 facilities.

23 (x) The Department shall conduct annual credit history

24 checks to determine the financial history of children placed

25 under its guardianship pursuant to the Juvenile Court Act of

26 1987. The Department shall conduct such credit checks starting

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1 when a youth in care turns 12 years old and each year

2 thereafter for the duration of the guardianship as terminated

3 pursuant to the Juvenile Court Act of 1987. The Department

4 shall determine if financial exploitation of the child's

5 personal information has occurred. If financial exploitation

6 appears to have taken place or is presently ongoing, the

7 Department shall notify the proper law enforcement agency, the

8 proper State's Attorney, or the Attorney General.

9 (y) Beginning on July 22, 2010 (the effective date of

10 Public Act 96-1189), a child with a disability who receives

11 residential and educational services from the Department shall

12 be eligible to receive transition services in accordance with

13 Article 14 of the School Code from the age of 14.5 through age

14 21, inclusive, notwithstanding the child's residential

15 services arrangement. For purposes of this subsection, "child

16 with a disability" means a child with a disability as defined

17 by the federal Individuals with Disabilities Education

18 Improvement Act of 2004.

19 (z) The Department shall access criminal history record

20 information as defined as "background information" in this

21 subsection and criminal history record information as defined

22 in the Illinois Uniform Conviction Information Act for each

23 Department employee or Department applicant. Each Department

24 employee or Department applicant shall submit his or her

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

26 manner prescribed by the Department of State Police. These

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1 fingerprints shall be checked against the fingerprint records

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

3 the Federal Bureau of Investigation criminal history records

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

5 for conducting the criminal history record check, which shall

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

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

8 State Police shall furnish, pursuant to positive

9 identification, all Illinois conviction information to the

10 Department of Children and Family Services.

11 For purposes of this subsection:

12 "Background information" means all of the following:

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

14 Family Services, conviction information obtained from the

15 Department of State Police as a result of a

16 fingerprint-based criminal history records check of the

17 Illinois criminal history records database and the Federal

18 Bureau of Investigation criminal history records database

19 concerning a Department employee or Department applicant.

20 (ii) Information obtained by the Department of

21 Children and Family Services after performing a check of

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

23 authorized by Section 120 of the Sex Offender Community

24 Notification Law, concerning a Department employee or

25 Department applicant.

26 (iii) Information obtained by the Department of

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1 Children and Family Services after performing a check of

2 the Child Abuse and Neglect Tracking System (CANTS)

3 operated and maintained by the Department.

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

5 employee coded or certified within the State of Illinois

6 Personnel System.

7 "Department applicant" means an individual who has

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

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

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

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

12 entity licensed by the Department, or an unlicensed service

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

14 and whose work may bring the unlicensed service provider into

15 contact with Department clients or client records.

16 (Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

17 100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.

18 1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised

19 10-3-18.)

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

21 changing Sections 2-3, 2-4, 2-23, 2-27, and 5-710 as follows:

22 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)

23 Sec. 2-3. Neglected or abused minor.

24 (1) Those who are neglected include:

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1 (a) any minor under 18 years of age or a minor 18 years

2 of age or older for whom the court has made a finding of

3 probable cause to believe the that minor is abused,

4 neglected, or dependent under subsection (1) of Section

5 2-10 prior to the minor's 18th birthday who is not

6 receiving the proper or necessary support, education as

7 required by law, or medical or other remedial care

8 recognized under State law as necessary for a minor's

9 well-being, or other care necessary for his or her

10 well-being, including adequate food, clothing and shelter,

11 or who is abandoned by his or her parent or parents or

12 other person or persons responsible for the minor's

13 welfare, except that a minor shall not be considered

14 neglected for the sole reason that the minor's parent or

15 parents or other person or persons responsible for the

16 minor's welfare have left the minor in the care of an adult

17 relative for any period of time, who the parent or parents

18 or other person responsible for the minor's welfare know is

19 both a mentally capable adult relative and physically

20 capable adult relative, as defined by this Act; or

21 (b) any minor under 18 years of age or a minor 18 years

22 of age or older for whom the court has made a finding of

23 probable cause to believe the that minor is abused,

24 neglected, or dependent under subsection (1) of Section

25 2-10 prior to the minor's 18th birthday whose environment

26 is injurious to his or her welfare; or

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1 (c) any newborn infant whose blood, urine, or meconium

2 contains any amount of a controlled substance as defined in

3 subsection (f) of Section 102 of the Illinois Controlled

4 Substances Act, as now or hereafter amended, or a

5 metabolite of a controlled substance, with the exception of

6 controlled substances or metabolites of such substances,

7 the presence of which in the newborn infant is the result

8 of medical treatment administered to the mother or the

9 newborn infant; or

10 (d) any minor under the age of 14 years whose parent or

11 other person responsible for the minor's welfare leaves the

12 minor without supervision for an unreasonable period of

13 time without regard for the mental or physical health,

14 safety, or welfare of that minor; or

15 (e) any minor who has been provided with interim crisis

16 intervention services under Section 3-5 of this Act and

17 whose parent, guardian, or custodian refuses to permit the

18 minor to return home unless the minor is an immediate

19 physical danger to himself, herself, or others living in

20 the home.

21 Whether the minor was left without regard for the mental or

22 physical health, safety, or welfare of that minor or the period

23 of time was unreasonable shall be determined by considering the

24 following factors, including but not limited to:

25 (1) the age of the minor;

26 (2) the number of minors left at the location;

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1 (3) special needs of the minor, including whether the

2 minor is a person with a physical or mental disability, or

3 otherwise in need of ongoing prescribed medical treatment

4 such as periodic doses of insulin or other medications;

5 (4) the duration of time in which the minor was left

6 without supervision;

7 (5) the condition and location of the place where the

8 minor was left without supervision;

9 (6) the time of day or night when the minor was left

10 without supervision;

11 (7) the weather conditions, including whether the

12 minor was left in a location with adequate protection from

13 the natural elements such as adequate heat or light;

14 (8) the location of the parent or guardian at the time

15 the minor was left without supervision, the physical

16 distance the minor was from the parent or guardian at the

17 time the minor was without supervision;

18 (9) whether the minor's movement was restricted, or the

19 minor was otherwise locked within a room or other

20 structure;

21 (10) whether the minor was given a phone number of a

22 person or location to call in the event of an emergency and

23 whether the minor was capable of making an emergency call;

24 (11) whether there was food and other provision left

25 for the minor;

26 (12) whether any of the conduct is attributable to

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1 economic hardship or illness and the parent, guardian or

2 other person having physical custody or control of the

3 child made a good faith effort to provide for the health

4 and safety of the minor;

5 (13) the age and physical and mental capabilities of

6 the person or persons who provided supervision for the

7 minor;

8 (14) whether the minor was left under the supervision

9 of another person;

10 (15) any other factor that would endanger the health

11 and safety of that particular minor.

12 A minor shall not be considered neglected for the sole

13 reason that the minor has been relinquished in accordance with

14 the Abandoned Newborn Infant Protection Act.

15 (2) Those who are abused include any minor under 18 years

16 of age or a minor 18 years of age or older for whom the court

17 has made a finding of probable cause to believe the that minor

18 is abused, neglected, or dependent under subsection (1) of

19 Section 2-10 prior to the minor's 18th birthdaywhose parent or

20 immediate family member, or any person responsible for the

21 minor's welfare, or any person who is in the same family or

22 household as the minor, or any individual residing in the same

23 home as the minor, or a paramour of the minor's parent:

24 (i) inflicts, causes to be inflicted, or allows to be

25 inflicted upon such minor physical injury, by other than

26 accidental means, which causes death, disfigurement,

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1 impairment of physical or emotional health, or loss or

2 impairment of any bodily function;

3 (ii) creates a substantial risk of physical injury to

4 such minor by other than accidental means which would be

5 likely to cause death, disfigurement, impairment of

6 emotional health, or loss or impairment of any bodily

7 function;

8 (iii) commits or allows to be committed any sex offense

9 against such minor, as such sex offenses are defined in the

10 Criminal Code of 1961 or the Criminal Code of 2012, or in

11 the Wrongs to Children Act, and extending those definitions

12 of sex offenses to include minors under 18 years of age;

13 (iv) commits or allows to be committed an act or acts

14 of torture upon such minor;

15 (v) inflicts excessive corporal punishment;

16 (vi) commits or allows to be committed the offense of

17 involuntary servitude, involuntary sexual servitude of a

18 minor, or trafficking in persons as defined in Section 10-9

19 of the Criminal Code of 1961 or the Criminal Code of 2012,

20 upon such minor; or

21 (vii) allows, encourages or requires a minor to commit

22 any act of prostitution, as defined in the Criminal Code of

23 1961 or the Criminal Code of 2012, and extending those

24 definitions to include minors under 18 years of age.

25 A minor shall not be considered abused for the sole reason

26 that the minor has been relinquished in accordance with the

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1 Abandoned Newborn Infant Protection Act.

2 (3) This Section does not apply to a minor who would be

3 included herein solely for the purpose of qualifying for

4 financial assistance for himself, his parents, guardian or

5 custodian.

6 (4) The changes made by this amendatory Act of the 101st

7 General Assembly apply to a case that is pending on or after

8 the effective date of this amendatory Act of the 101st General

9 Assembly.

10 (Source: P.A. 99-143, eff. 7-27-15.)

11 (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)

12 Sec. 2-4. Dependent minor.

13 (1) Those who are dependent include any minor under 18

14 years of age or a minor 18 years of age or older for whom the

15 court has made a finding of probable cause to believe the that

16 minor is abused, neglected, or dependent under subsection (1)

17 of Section 2-10 prior to the minor's 18th birthday:

18 (a) who is without a parent, guardian or legal

19 custodian;

20 (b) who is without proper care because of the physical

21 or mental disability of his parent, guardian or custodian;

22 (c) who is without proper medical or other remedial

23 care recognized under State law or other care necessary for

24 his or her well being through no fault, neglect or lack of

25 concern by his parents, guardian or custodian, provided

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1 that no order may be made terminating parental rights, nor

2 may a minor be removed from the custody of his or her

3 parents for longer than 6 months, pursuant to an

4 adjudication as a dependent minor under this subdivision

5 (c), unless it is found to be in his or her best interest

6 by the court or the case automatically closes as provided

7 under Section 2-31 of this Act; or

8 (d) who has a parent, guardian or legal custodian who

9 with good cause wishes to be relieved of all residual

10 parental rights and responsibilities, guardianship or

11 custody, and who desires the appointment of a guardian of

12 the person with power to consent to the adoption of the

13 minor under Section 2-29.

14 (2) This Section does not apply to a minor who would be

15 included herein solely for the purpose of qualifying for

16 financial assistance for himself, his parent or parents,

17 guardian or custodian or to a minor solely because his or her

18 parent or parents or guardian has left the minor for any period

19 of time in the care of an adult relative, who the parent or

20 parents or guardian know is both a mentally capable adult

21 relative and physically capable adult relative, as defined by

22 this Act.

23 (3) The changes made by this amendatory Act of the 101st

24 General Assembly apply to a case that is pending on or after

25 the effective date of this amendatory Act of the 101st General

26 Assembly.

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1 (Source: P.A. 96-168, eff. 8-10-09.)

2 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23)

3 Sec. 2-23. Kinds of dispositional orders.

4 (1) The following kinds of orders of disposition may be

5 made in respect of wards of the court:

6 (a) A minor ~~under 18 years of age~~ found to be neglected

7 or abused under Section 2-3 or dependent under Section 2-4

8 may be (1) continued in the custody of his or her parents,

9 guardian or legal custodian; (2) placed in accordance with

10 Section 2-27; (3) restored to the custody of the parent,

11 parents, guardian, or legal custodian, provided the court

12 shall order the parent, parents, guardian, or legal

13 custodian to cooperate with the Department of Children and

14 Family Services and comply with the terms of an after-care

15 plan or risk the loss of custody of the child and the

16 possible termination of their parental rights; or (4)

17 ordered partially or completely emancipated in accordance

18 with the provisions of the Emancipation of Minors Act.

19 However, in any case in which a minor is found by the

20 court to be neglected or abused under Section 2-3 of this

21 Act, custody of the minor shall not be restored to any

22 parent, guardian or legal custodian whose acts or omissions

23 or both have been identified, pursuant to subsection (1) of

24 Section 2-21, as forming the basis for the court's finding

25 of abuse or neglect, until such time as a hearing is held

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1 on the issue of the best interests of the minor and the

2 fitness of such parent, guardian or legal custodian to care

3 for the minor without endangering the minor's health or

4 safety, and the court enters an order that such parent,

5 guardian or legal custodian is fit to care for the minor.

6 (b) A minor ~~under 18 years of age~~ found to be dependent

7 under Section 2-4 may be (1) placed in accordance with

8 Section 2-27 or (2) ordered partially or completely

9 emancipated in accordance with the provisions of the

10 Emancipation of Minors Act.

11 However, in any case in which a minor is found by the

12 court to be dependent under Section 2-4 of this Act,

13 custody of the minor shall not be restored to any parent,

14 guardian or legal custodian whose acts or omissions or both

15 have been identified, pursuant to subsection (1) of Section

16 2-21, as forming the basis for the court's finding of

17 dependency, until such time as a hearing is held on the

18 issue of the fitness of such parent, guardian or legal

19 custodian to care for the minor without endangering the

20 minor's health or safety, and the court enters an order

21 that such parent, guardian or legal custodian is fit to

22 care for the minor.

23 (b-1) A minor between the ages of 18 and 21 may be

24 placed pursuant to Section 2-27 of this Act if (1) the

25 court has granted a supplemental petition to reinstate

26 wardship of the minor pursuant to subsection (2) of Section

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LRB101 08503 SLF 56522 a

1 2-33, (2) the court has adjudicated the minor a ward of the

2 court, permitted the minor to return home under an order of

3 protection, and subsequently made a finding that it is in

4 the minor's best interest to vacate the order of protection

5 and commit the minor to the Department of Children and

6 Family Services for care and service, or (3) the court

7 returned the minor to the custody of the respondent under

8 Section 2-4b of this Act without terminating the

9 proceedings under Section 2-31 of this Act, and

10 subsequently made a finding that it is in the minor's best

11 interest to commit the minor to the Department of Children

12 and Family Services for care and services.

13 (c) When the court awards guardianship to the

14 Department of Children and Family Services, the court shall

15 order the parents to cooperate with the Department of

16 Children and Family Services, comply with the terms of the

17 service plans, and correct the conditions that require the

18 child to be in care, or risk termination of their parental

19 rights.

20 (2) Any order of disposition may provide for protective

21 supervision under Section 2-24 and may include an order of

22 protection under Section 2-25.

23 Unless the order of disposition expressly so provides, it

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

25 but is subject to modification, not inconsistent with Section

26 2-28, until final closing and discharge of the proceedings

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1 under Section 2-31.

2 (3) The court also shall enter any other orders necessary

3 to fulfill the service plan, including, but not limited to, (i)

4 orders requiring parties to cooperate with services, (ii)

5 restraining orders controlling the conduct of any party likely

6 to frustrate the achievement of the goal, and (iii) visiting

7 orders. When the child is placed separately from a sibling, the

8 court shall review the Sibling Contact Support Plan developed

9 under subsection (f) of Section 7.4 of the Children and Family

10 Services Act, if applicable. If the Department has not convened

11 a meeting to develop a Sibling Contact Support Plan, or if the

12 court finds that the existing Plan is not in the child's best

13 interest, the court may enter an order requiring the Department

14 to develop and implement a Sibling Contact Support Plan under

15 subsection (f) of Section 7.4 of the Children and Family

16 Services Act or order mediation. Unless otherwise specifically

17 authorized by law, the court is not empowered under this

18 subsection (3) to order specific placements, specific

19 services, or specific service providers to be included in the

20 plan. If, after receiving evidence, the court determines that

21 the services contained in the plan are not reasonably

22 calculated to facilitate achievement of the permanency goal,

23 the court shall put in writing the factual basis supporting the

24 determination and enter specific findings based on the

25 evidence. The court also shall enter an order for the

26 Department to develop and implement a new service plan or to

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1 implement changes to the current service plan consistent with

2 the court's findings. The new service plan shall be filed with

3 the court and served on all parties within 45 days after the

4 date of the order. The court shall continue the matter until

5 the new service plan is filed. Except as authorized by

6 subsection (3.5) of this Section or authorized by law, the

7 court is not empowered under this Section to order specific

8 placements, specific services, or specific service providers

9 to be included in the service plan.

10 (3.5) If, after reviewing the evidence, including evidence

11 from the Department, the court determines that the minor's

12 current or planned placement is not necessary or appropriate to

13 facilitate achievement of the permanency goal, the court shall

14 put in writing the factual basis supporting its determination

15 and enter specific findings based on the evidence. If the court

16 finds that the minor's current or planned placement is not

17 necessary or appropriate, the court may enter an order

18 directing the Department to implement a recommendation by the

19 minor's treating clinician or a clinician contracted by the

20 Department to evaluate the minor or a recommendation made by

21 the Department. If the Department places a minor in a placement

22 under an order entered under this subsection (3.5), the

23 Department has the authority to remove the minor from that

24 placement when a change in circumstances necessitates the

25 removal to protect the minor's health, safety, and best

26 interest. If the Department determines removal is necessary,

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1 the Department shall notify the parties of the planned

2 placement change in writing no later than 10 days prior to the

3 implementation of its determination unless remaining in the

4 placement poses an imminent risk of harm to the minor, in which

5 case the Department shall notify the parties of the placement

6 change in writing immediately following the implementation of

7 its decision. The Department shall notify others of the

8 decision to change the minor's placement as required by

9 Department rule.

10 (4) In addition to any other order of disposition, the

11 court may order any minor adjudicated neglected with respect to

12 his or her own injurious behavior to make restitution, in

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

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

15 that the "presentence hearing" referred to therein shall be the

16 dispositional hearing for purposes of this Section. The parent,

17 guardian or legal custodian of the minor may pay some or all of

18 such restitution on the minor's behalf.

19 (5) Any order for disposition where the minor is committed

20 or placed in accordance with Section 2-27 shall provide for the

21 parents or guardian of the estate of such minor to pay to the

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

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

24 person of the minor as necessary for the minor's needs. Such

25 payments may not exceed the maximum amounts provided for by

26 Section 9.1 of the Children and Family Services Act.

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1 (6) Whenever the order of disposition requires the minor to

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

3 truant officer or designated school official shall regularly

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

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

6 (7) The court may terminate the parental rights of a parent

7 at the initial dispositional hearing if all of the conditions

8 in subsection (5) of Section 2-21 are met.

9 (Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)

10 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)

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

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

13 basis supporting the determination of whether the parents,

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

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

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

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

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

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

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

21 and at any later point:

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

23 relative or other person as legal custodian or guardian;

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

25 and Family Services, place the minor in the subsidized

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1 guardianship of a suitable relative or other person as

2 legal guardian; "subsidized guardianship" means a private

3 guardianship arrangement for children for whom the

4 permanency goals of return home and adoption have been

5 ruled out and who meet the qualifications for subsidized

6 guardianship as defined by the Department of Children and

7 Family Services in administrative rules;

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

9 probation officer;

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

11 placement, except an institution under the authority of the

12 Department of Corrections or of the Department of Children

13 and Family Services;

14 (d) on and after the effective date of this amendatory

15 Act of the 98th General Assembly and before January 1,

16 2017, commit the minor to the Department of Children and

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

18 charged with a criminal offense under the Criminal Code of

19 1961 or the Criminal Code of 2012 or adjudicated delinquent

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

21 Department of Children and Family Services by any court,

22 except (i) a minor less than 16 years of age and committed

23 to the Department of Children and Family Services under

24 Section 5-710 of this Act, (ii) a minor under the age of 18

25 for whom an independent basis of abuse, neglect, or

26 dependency exists, or (iii) a minor for whom the court has

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1 granted a supplemental petition to reinstate wardship

2 pursuant to subsection (2) of Section 2-33 of this Act. On

3 and after January 1, 2017, commit the minor to the

4 Department of Children and Family Services for care and

5 service; however, a minor charged with a criminal offense

6 under the Criminal Code of 1961 or the Criminal Code of

7 2012 or adjudicated delinquent shall not be placed in the

8 custody of or committed to the Department of Children and

9 Family Services by any court, except (i) a minor less than

10 15 years of age and committed to the Department of Children

11 and Family Services under Section 5-710 of this Act, (ii) a

12 minor under the age of 18 for whom an independent basis of

13 abuse, neglect, or dependency exists, or (iii) a minor for

14 whom the court has granted a supplemental petition to

15 reinstate wardship pursuant to subsection (2) of Section

16 2-33 of this Act. An independent basis exists when the

17 allegations or adjudication of abuse, neglect, or

18 dependency do not arise from the same facts, incident, or

19 circumstances which give rise to a charge or adjudication

20 of delinquency. The Department shall be given due notice of

21 the pendency of the action and the Guardianship

22 Administrator of the Department of Children and Family

23 Services shall be appointed guardian of the person of the

24 minor. Whenever the Department seeks to discharge a minor

25 from its care and service, the Guardianship Administrator

26 shall petition the court for an order terminating

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1 guardianship. The Guardianship Administrator may designate

2 one or more other officers of the Department, appointed as

3 Department officers by administrative order of the

4 Department Director, authorized to affix the signature of

5 the Guardianship Administrator to documents affecting the

6 guardian-ward relationship of children for whom he or she

7 has been appointed guardian at such times as he or she is

8 unable to perform the duties of his or her office. The

9 signature authorization shall include but not be limited to

10 matters of consent of marriage, enlistment in the armed

11 forces, legal proceedings, adoption, major medical and

12 surgical treatment and application for driver's license.

13 Signature authorizations made pursuant to the provisions

14 of this paragraph shall be filed with the Secretary of

15 State and the Secretary of State shall provide upon payment

16 of the customary fee, certified copies of the authorization

17 to any court or individual who requests a copy.

18 (1.5) In making a determination under this Section, the

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

20 the best interests of the minor,

21 (a) appropriate services aimed at family preservation

22 and family reunification have been unsuccessful in

23 rectifying the conditions that have led to a finding of

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

25 discipline the minor, or

26 (b) no family preservation or family reunification

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1 services would be appropriate,

2 and if the petition or amended petition contained an allegation

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

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

5 adjudication recites that parental unfitness was established

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

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

8 order terminating parental rights and appointing a guardian

9 with power to consent to adoption in accordance with Section

10 2-29.

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

12 shall require the Department of Children and Family Services to

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

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

15 religious faith of the minor and shall require the Department

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

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

18 alternative plans for placement are available, the court shall

19 ascertain and consider, to the extent appropriate in the

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

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

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

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

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

25 the court shall appoint the proper officer or representative

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

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

2 minor have the respective rights and duties set forth in

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

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

5 adoption of the minor unless that authority is conferred upon

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

7 representative is appointed guardian of the person or legal

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

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

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

11 Children and Family Services as meeting the standards

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

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

14 unless the placement is in compliance with the rules and

15 regulations for placement under this Section promulgated by the

16 Department of Children and Family Services under Section 5 of

17 the Children and Family Services Act. Like authority and

18 restrictions shall be conferred by the court upon any probation

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

20 minor.

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

22 representative is appointed guardian of the person or legal

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

24 facility unless it complies with the Interstate Compact on the

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

26 subject to that Interstate Compact.

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

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

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

4 necessary as authority for the keeping of the minor.

5 (5) Custody or guardianship granted under this Section

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

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

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

9 Department of Children and Family Services for care and service

10 and the court has granted a supplemental petition to reinstate

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

12 (6) (Blank).

13 (Source: P.A. 97-1150, eff. 1-25-13; 98-803, eff. 1-1-15.)

14 (705 ILCS 405/5-710)

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

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

17 respect of wards of the court:

18 (a) Except as provided in Sections 5-805, 5-810, and

19 5-815, a minor who is found guilty under Section 5-620 may

20 be:

21 (i) put on probation or conditional discharge and

22 released to his or her parents, guardian or legal

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

24 is not committed to the Department of Juvenile Justice

25 under this subsection and who is found to be a

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1 delinquent for an offense which is first degree murder,

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

3 on probation;

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

5 or without also being put on probation or conditional

6 discharge;

7 (iii) required to undergo a substance abuse

8 assessment conducted by a licensed provider and

9 participate in the indicated clinical level of care;

10 (iv) on and after the effective date of this

11 amendatory Act of the 98th General Assembly and before

12 January 1, 2017, placed in the guardianship of the

13 Department of Children and Family Services, but only if

14 the delinquent minor is under 16 years of age or,

15 pursuant to Article II of this Act, a minor under the

16 age of 18 for whom an independent basis of abuse,

17 neglect, or dependency exists. On and after January 1,

18 2017, placed in the guardianship of the Department of

19 Children and Family Services, but only if the

20 delinquent minor is under 15 years of age or, pursuant

21 to Article II of this Act, a minor for whom an

22 independent basis of abuse, neglect, or dependency

23 exists. An independent basis exists when the

24 allegations or adjudication of abuse, neglect, or

25 dependency do not arise from the same facts, incident,

26 or circumstances which give rise to a charge or

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1 adjudication of delinquency;

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

3 30 days, either as the exclusive order of disposition

4 or, where appropriate, in conjunction with any other

5 order of disposition issued under this paragraph,

6 provided that any such detention shall be in a juvenile

7 detention home and the minor so detained shall be 10

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

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

10 minor under age 15 committed to the Department of

11 Children and Family Services if the court finds that

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

13 shall be given credit on the sentencing order of

14 detention for time spent in detention under Sections

15 5-501, 5-601, 5-710, or 5-720 of this Article as a

16 result of the offense for which the sentencing order

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

18 order of detention entered under a violation of

19 probation or violation of conditional discharge under

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

21 detention before the filing of the petition alleging

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

23 for time spent in detention before the filing of a

24 violation of probation or conditional discharge

25 alleging the same or related act or acts. The

26 limitation that the minor shall only be placed in a

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1 juvenile detention home does not apply as follows:

2 Persons 18 years of age and older who have a

3 petition of delinquency filed against them may be

4 confined in an adult detention facility. In making a

5 determination whether to confine a person 18 years of

6 age or older who has a petition of delinquency filed

7 against the person, these factors, among other

8 matters, shall be considered:

9 (A) the age of the person;

10 (B) any previous delinquent or criminal

11 history of the person;

12 (C) any previous abuse or neglect history of

13 the person;

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

15 and

16 (E) any educational history of the person;

17 (vi) ordered partially or completely emancipated

18 in accordance with the provisions of the Emancipation

19 of Minors Act;

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

21 or driving privileges suspended for such time as

22 determined by the court but only until he or she

23 attains 18 years of age;

24 (viii) put on probation or conditional discharge

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

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

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1 incarceration permitted by law for adults found guilty

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

3 adjudicated delinquent, and in any event no longer than

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

5 notwithstanding any contrary provision of the law;

6 (ix) ordered to undergo a medical or other

7 procedure to have a tattoo symbolizing allegiance to a

8 street gang removed from his or her body; or

9 (x) placed in electronic monitoring or home

10 detention under Part 7A of this Article.

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

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

13 minor is at least 13 years and under 20 years of age,

14 provided that the commitment to the Department of Juvenile

15 Justice shall be made only if the minor was found guilty of

16 a felony offense or first degree murder. The court shall

17 include in the sentencing order any pre-custody credits the

18 minor is entitled to under Section 5-4.5-100 of the Unified

19 Code of Corrections. The time during which a minor is in

20 custody before being released upon the request of a parent,

21 guardian or legal custodian shall also be considered as

22 time spent in custody.

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

24 which is a violation of the Illinois Controlled Substances

25 Act, the Cannabis Control Act, or the Methamphetamine

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

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1 court, the court may enter a disposition order requiring

2 the minor to undergo assessment, counseling or treatment in

3 a substance use disorder treatment program approved by the

4 Department of Human Services.

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

6 Department of Juvenile Justice may provide for protective

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

8 protection under Section 5-730.

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

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

11 but is subject to modification until final closing and

12 discharge of the proceedings under Section 5-750.

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

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

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

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

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

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

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

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

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

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

23 victim in seeking restitution in proceedings under this

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

25 Parental Responsibility Law.

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

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

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

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

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

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

6 payments may not exceed the maximum amounts provided for by

7 Section 9.1 of the Children and Family Services Act.

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

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

10 truant officer or designated school official shall regularly

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

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

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

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

15 residential facility where the minor has been placed by the

16 court, costs incurred in the provision of those educational

17 services must be allocated based on the requirements of the

18 School Code.

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

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

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

22 same act. The court shall include in the sentencing order a

23 limitation on the period of confinement not to exceed the

24 maximum period of imprisonment the court could impose under

25 Article V of the Unified Code of Corrections.

26 (7.5) In no event shall a guilty minor be committed to the

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1 Department of Juvenile Justice or placed in detention when the

2 act for which the minor was adjudicated delinquent would not be

3 illegal if committed by an adult.

4 (7.6) In no event shall a guilty minor be committed to the

5 Department of Juvenile Justice for an offense which is a Class

6 4 felony under Section 19-4 (criminal trespass to a residence),

7 21-1 (criminal damage to property), 21-1.01 (criminal damage to

8 government supported property), 21-1.3 (criminal defacement of

9 property), 26-1 (disorderly conduct), or 31-4 (obstructing

10 justice) of the Criminal Code of 2012.

11 (7.75) In no event shall a guilty minor be committed to the

12 Department of Juvenile Justice for an offense that is a Class 3

13 or Class 4 felony violation of the Illinois Controlled

14 Substances Act unless the commitment occurs upon a third or

15 subsequent judicial finding of a violation of probation for

16 substantial noncompliance with court-ordered treatment or

17 programming.

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

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

20 Criminal Code of 2012 shall be ordered to perform community

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

22 community service is available in the jurisdiction. The

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

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

25 violation or similar damage to property located in the

26 municipality or county in which the violation occurred. The

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

2 Section.

3 (8.5) A minor found to be guilty for reasons that include a

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

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

6 21-1 of the Criminal Code of 1961 or paragraph (4) of

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

8 shall be ordered to undergo medical or psychiatric treatment

9 rendered by a psychiatrist or psychological treatment rendered

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

11 other order authorized by this Section.

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

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

14 constitute, predatory criminal sexual assault of a child,

15 aggravated criminal sexual assault, criminal sexual assault,

16 aggravated criminal sexual abuse, or criminal sexual abuse if

17 committed by an adult to undergo medical testing to determine

18 whether the defendant has any sexually transmissible disease

19 including a test for infection with human immunodeficiency

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

21 acquired immunodeficiency syndrome (AIDS). Any medical test

22 shall be performed only by appropriately licensed medical

23 practitioners and may include an analysis of any bodily fluids

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

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

26 kept strictly confidential by all medical personnel involved in

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1 the testing and must be personally delivered in a sealed

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

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

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

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

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

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

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

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

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

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

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

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

14 court shall provide information on the availability of HIV

15 testing and counseling at the Department of Public Health

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

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

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

19 the minor.

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

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

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

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

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

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

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

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

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

3 2012, or a violation of any statute that involved the wrongful

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

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

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

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

8 more than 120 hours, provided that community service is

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

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

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

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

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

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

15 municipality or county in which the violation occurred. When

16 possible and reasonable, the community service shall be

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

18 addition to any other order authorized by this Section except

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

20 Department of Juvenile Justice. For the purposes of this

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

22 Section 10 of the Illinois Streetgang Terrorism Omnibus

23 Prevention Act.

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

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

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

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

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

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

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

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

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

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

8 18th birthday. If the minor holds a driver's license or permit

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

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

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

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

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

14 Secretary of State to issue the minor a judicial driving

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

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

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

18 the JDP be effective immediately.

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

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

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

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

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

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

25 that program is available in the jurisdiction where the

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

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1 diversion program shall be time-credited against any community

2 service time imposed for any first violation of subsection

3 (a-7) of Section 1 of that Act. In addition to any other

4 penalty that the court may impose for a violation of subsection

5 (a-7) of Section 1 of that Act, the court, upon request by the

6 State's Attorney, may in its discretion require the offender to

7 remit a fee for his or her attendance at a smoker's education

8 or youth diversion program.

9 For purposes of this Section, "smoker's education program"

10 or "youth diversion program" includes, but is not limited to, a

11 seminar designed to educate a person on the physical and

12 psychological effects of smoking tobacco products and the

13 health consequences of smoking tobacco products that can be

14 conducted with a locality's youth diversion program.

15 In addition to any other penalty that the court may impose

16 under this subsection (12):

17 (a) If a minor violates subsection (a-7) of Section 1

18 of the Prevention of Tobacco Use by Minors Act, the court

19 may impose a sentence of 15 hours of community service or a

20 fine of $25 for a first violation.

21 (b) A second violation by a minor of subsection (a-7)

22 of Section 1 of that Act that occurs within 12 months after

23 the first violation is punishable by a fine of $50 and 25

24 hours of community service.

25 (c) A third or subsequent violation by a minor of

26 subsection (a-7) of Section 1 of that Act that occurs

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1 within 12 months after the first violation is punishable by

2 a $100 fine and 30 hours of community service.

3 (d) Any second or subsequent violation not within the

4 12-month time period after the first violation is

5 punishable as provided for a first violation.

6 (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,

7 eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;

8 100-759, eff. 1-1-19.)

9 Section 99. Effective date. This Act takes effect upon

10 becoming law.".