Pending Bills
Public
Act 95-0642(HB 0291), DCFS Guardianship of Delinquent Juveniles
Juvenile Court Act (JCA), Children & Family Services Act
Effective 6/1/08
Amends the Children and
Family Services Act, 20 ILCS 505/5(l), to provide that the Department may accept
for care youth charged with a criminal offense or adjudicated delinquent, who
are less than 15 years old, or for whom an independent basis for abuse, neglect
or dependency exists. Provides that an independent basis exists when the
allegations or adjudication of abuse, neglect, or dependency do not arise from
the same facts, incident, or circumstances which give rise to a charge or
adjudication of delinquency.
Amends §2-10 of the JCA to
provide that a minor charged with a criminal offense or adjudicated delinquent
may be placed in the custody of DCFS if the minor is under the age of 15
(changed from 13) or if there is an independent basis of abuse, neglect or
dependency. Provides that an independent basis exists when the allegations or
adjudication of abuse, neglect, or dependency do not arise from the same facts,
incident, or circumstances which give rise to a charge or adjudication of
delinquency. Deletes the requirement that Department Rule define an independent
basis.
Amends §2-27 of the JCA to
provide that a minor charged with a criminal offense or adjudicated delinquent
may be placed in the guardianship of DCFS if the minor is under the age of 15
(changed from 13) or if there is an independent basis of abuse, neglect or
dependency. Provides that an independent basis exists when the allegations or
adjudication of abuse, neglect, or dependency do not arise from the same facts,
incident, or circumstances which give rise to a charge or adjudication of
delinquency.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Amends the Child Death
Review Team Act, 20 ILCS 5/15-20 and 5/15-40, requiring DCFS to reply to
recommendations made by the Child Death Review Team. The reply should explain
whether the Department will implement recommendations, and if so, how and when.
The Director should submit a subsequent report identifying changes in policies
and procedures made in response to the recommendations. An annual report
compiling all recommendations and Director responses will be complied and
submitted to the Governor, a member of the Senate and House whose district is
covered by a Child Death Review Team recommendation, and each member of the
Child Death Review Team.
Amends ANCRA, 325 ILCS
5/4-2, requiring DCFS to investigate and report on serious life-threatening
injuries (in addition to deaths of minors) in DCFS custody. In addition to
existing requirements, the reports must identify services provided or actions
taken by the Department regarding the child and family at the time of the
death/injury and within the five preceding years. Requires the report to
identify whether anyone was charged criminally related to the report of abuse or
neglect, and if so, establishes a presumption that it is in the public’s
interest to allow public disclosure of certain information regarding
investigations involving the child/household. Sets forth a procedure for public
disclosure of information, and redaction of certain types of information.
Amends the JCA, 405 ILCS
2-10, to provide that the Court may enter an Order of Protection, not to exceed
12 months, if it is determined that a parent’s, guardian’s or custodian’s
compliance with critical services mitigates the necessity for removal of the
minor from his or her home. The twelve-month period shall begin anew after any
violation.
Amends the JCA, 405 ILCS
2-13, to provide that a petition may request that the minor remain in the
custody of the parent, guardian, or custodian under an Order of Protection. If a
petition is filed charging a violation of a condition contained in the
protective order and if the court determines that this violation is of a
critical services necessary to the safety and welfare of the minor, the court
may proceed to findings and an order for temporary custody.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Public Act 95-0527 (HB
617), DCFS Inspector General ,Children and Family Services Act, Child
Death Review Team Act, Children’s Advocacy
Center Act
Effective 6/1/08
Amends the Children and
Family Services Act, 20 ILCS 505/35.5(a), to provide that DCFS shall provide the
Inspector General with an implementation report on the status of any corrective
actions taken on recommendations under review, including the status of sanctions
or disciplinary actions against employees or providers of service. Information
in these reports is subject to the public disclosure requirements of ANCRA.
Provides that the Inspector General shall be independent with respect to
investigations and issuances of findings and recommendations.
Adds section 35.7 to the
Children and Family Services Act, 20 ILCS 505/35.7, providing that the Inspector
General of DCFS shall develop “Error Reduction Implementation Plans” to remedy
patterns or errors as identified by the Inspector General and Child Death Review
Teams.
Amends the Child Death
Review Team Act, 20 ILCS 515/15, addressing filling vacancies on teams,
requiring a representative from the State Police to serve on each team, and
mandating that funding for the teams be under a separate line item of DCFS’
budget.
Amends the Child Death
Review Team Act, 20 ILCS 515/20, to allow the teams to review cases of serious
and fatal injuries to a child identified under the Child Advocacy Center Act, in
addition to deaths.
Adds section 45 to the
Child Death Review Team Act, 20 ILCS 515/45, to provide that a Child Death
Investigation Task Force may be created as a pilot program in Southern Illinois
to develop and implement a plan for the investigation of sudden, unexpected, or
unexplained deaths of children under 18 years old occurring in that region.
Amends the Children’s
Advocacy Center Act, 55 ILCS 80/3, to provide that a member of the State Police
shall serve on the Child Advocacy Advisory Board, the Board may also
include a member of the Circuit Courts, and requires the Board adopt a written
protocol for coordinating cases of serious or fatal injury.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Public Act 95-0091 (HB
984), Repeal of Training Program for Judges, State’s Attorneys, etc.,
Children and Family Services Act
Effective 1/1/08
Repeals section 34.8 of the Children and Family Services Act, 20 ILCS
505/34.8, which required DCFS to conduct a study in relation to the development
of a plan for a program to train persons required to report suspected child
abuse or neglect, judges, States Attorneys and other personnel who have contact
with children and families served by the Department.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Public Act 95-443 (SB
108), Definition of Neglected Child/ Temporary Living Arrangements, ANCRA,
Juvenile Court Act
Effective 1/1/08
Amends ANCRA, 325 ILCS 5/3,
to add the following definition of “neglected child” -- [one] who has been
provided with interim crisis intervention services under Section 3-5 of the
Juvenile Court Act of 1987 and whose parent, guardian, or custodian refused to
permit the child to return home and no other living arrangement agreeable to the
parent, guardian, or custodian can be made, and the parent, guardian, or
custodian has not made any other appropriate living arrangement for the child.
Adds similar language to
section 2-3(1) of the JCA, 705 ILCS 405/2-3(1)(e) – A neglected child includes
“Any minor who has been provided with interim crisis intervention services under
Section 3-5 of this Act and whose parent, guardian, or custodian refuses to
permit the minor to return home unless the minor is an immediate physical danger
to himself, herself, or others living in the home.”
Amends the JCA, 705 ILCS
405/3-5(b), to:
▪ Provide that no minor shall be
sheltered in a temporary living arrangement for more than 48 hours, excluding
Saturdays, Sundays, and court-designated holidays when the child is abused or
neglected due to a parent, guardian, or custodian refusing to permit the child
to return to home.
▪ Provide that in all other instances,
the minor may be sheltered when the agency obtains consent or documents
unsuccessful efforts to obtain consent of the parent, guardian or custodian for
nor more than 21 days.
▪ Provide that a temporary living
agency may deem a minor neglected if the parent, guardian, or custodian refused
return home and has not made any other appropriate living arrangements for the
child and report the neglect to DCFS as provided by ANCRA.
▪ Provide that DCFS shall investigate
within 24 hours after receiving the report and may take the minor into temporary
protective custody (subject to appropriation) within 48 hours of receiving the
report if the investigation is not completed.
▪ Provide that if DCFS determines that
the minor is not neglected because the minor is an immediate physical danger to
him/herself or others in the home, then DCFS shall immediately take steps to
either secure admission into a mental health facility, arrange for law
enforcement authorities to take temporary custody as a delinquent minor, or take
other appropriate action to assume protective custody.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Public
Act 95-0123 (HB 615), Confidentiality of Juvenile Records
Juvenile Court Act
Effective August 13, 2007.
Amends the confidentiality provisions of the JCA to protect against disclosure
of Juvenile Court records without review by a Juvenile Court Judge.
Amends 705 ILCS 405/1-7(C)
and 705 ILCS 405/1-7(C) to provide that:
▪ The records of law enforcement
officers concerning minors under 17 may not be open to the public except by
order of the court presiding over the proceedings pursuant to the Juvenile Court
Act.
▪ For purposes of these sections
regarding disclosure of Juvenile Court Records/Juvenile law enforcement records,
a civil subpoena is not a court order sufficient for release.
▪ A party seeking such records shall
provide actual notice to the attorney or GAL of the minor whose records are
sought.
▪ If there is no longer a juvenile case
pending, record requests under this section are referred to the Chief Judge.
▪ When determining whether the records
should be open for inspection, the court shall consider the minor’s interest in
confidentiality and rehabilitation over the moving party’s interest in obtaining
information.
▪ Any record obtained in violation of
this act is not admissible in any criminal or civil proceeding, nor shall it act
to disqualify a minor from holding public office, securing employment, or
operate a forfeiture of any public benefit, right, or privilege.
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
PA 95-0007 (HB0421),
Notice to Police of Child Abuse ANCRA
Effective 8/10/07
Amends ANCRA, 325 ILCS 5/7,
to provide that all reports made to the hotline alleging the death of a child,
serious injury to a child, and sexual abuse to a child shall immediately be
transmitted to the appropriate law enforcement agency.
Amends ANCRA, 325 ILCS
5/7.3, requiring DCFS to promulgate rules to expressly allow law enforcement
agencies to investigate reports of abuse or neglect concurrently with DCFS,
regardless if the report is “indicated,” “unfounded,” or “undetermined.”
Synopsis provided by
Illinois general assembly
For full text of bill click
here.
Public
Act 95-0010 (SB 1379), Foster Parent Background Checks, Consulting with Minors
Regarding Permanency, Children and Family Services Act, Juvenile Court Act
Effective 6/30/07here
Amends the
Children and Family Services Act, 20 ILCS 505/5, to provide that DCFS shall
conduct a criminal records back ground check (including fingerprint based
checked of national crime databases) of a prospective foster/adoptive parent
prior to the final approval for a child's placement with that parent. DCFS shall
also check its child abuse and neglect registry for any prospective
foster/adoptive parent and any adult living in the home and shall also request a
similar check if the person resided in another state in the preceding 5 years.
Final approval shall not be granted if the record check reveals a felony
conviction for child abuse or neglect, spousal abuse, a crime against children,
a crime involving violence (including rape, sexual assault, or homicide and not
including other physical assault or battery), a felony conviction for physical
assault, battery or a drug-related offense committed within the past 5 years.
Amends the
Juvenile Court Act, 705 ILCS 405/2-28 (2), to provide that the court shall
consult with a minor in an age-appropriate manner regarding a proposed
permanency or transition plan for that minor in order to assist the court in
setting a permanency goal that is in the best interest of the child, and that
the court may consider both in-state and out-of-state placement options.
Synopsis
provided by Illinois General Assembly.
For full test of
bill click
here.
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