Text of IL HB 1596 (2023)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1596 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: See Index Amends various Acts concerning children by: replacing certain pronouns with the nouns to which the pronouns refer; replacing certain instances of the word "biological"; changing the Independent Juvenile Ombudsman to the Independent Juvenile Ombudsperson; deleting certain obsolete language; and making technical and other changes. Effective 60 days after becoming law. LRB103 25063 WGH 51398 b A BILL FOR HB1596LRB103 25063 WGH 51398 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Children and Family Services Act is amended 5by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.5, 67.8, 8, 8a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 and by 7changing Section 5.26 (as added by Public Act 102-763) as 8follows: 9 (20 ILCS 505/4b) 10 Sec. 4b. Youth transitional housing programs. 11 (a) The Department may license youth transitional housing 12programs. For the purposes of this Section, "youth 13transitional housing program" means a program that provides 14shelter or housing and services to eligible homeless minors. 15Services provided by the youth transitional housing program 16may include a service assessment, individualized case 17management, and life skills training. The Department shall 18adopt rules governing the licensure of those programs. 19 (b) A homeless minor is eligible if: 20 (1) the homeless minor he or she is at least 16 years 21 of age but less than 18 years of age; 22 (2) the homeless minor lacks a regular, fixed, and 23 adequate place to live; HB1596- 2 -LRB103 25063 WGH 51398 b 1 (3) the homeless minor is living apart from the 2 minor's his or her parent or guardian; 3 (4) the homeless minor desires to participate in a 4 licensed youth transitional housing program; 5 (5) a licensed youth transitional housing program is 6 able to provide housing and services; 7 (6) the licensed youth transitional housing program 8 has determined the homeless minor is eligible for the 9 youth transitional housing program; and 10 (7) either the homeless minor's parent has consented 11 to the transitional housing program or the minor has 12 consented after: 13 (A) a comprehensive community based youth service 14 agency has provided crisis intervention services to 15 the homeless minor under Section 3-5 of the Juvenile 16 Court Act of 1987 and the agency was unable to achieve 17 either family reunification or an alternate living 18 arrangement; 19 (B) the Department has not filed a petition 20 alleging that the homeless minor is abused or 21 neglected and the minor does not require placement in 22 a residential facility, as defined by 89 Ill. Adm. 23 Code 301.20; 24 (C) the youth transitional housing program or 25 comprehensive community based youth services agency 26 has made reasonable efforts and documented its HB1596- 3 -LRB103 25063 WGH 51398 b 1 attempts to notify the homeless minor's parent or 2 guardian of the homeless minor's intent to enter the 3 youth transitional housing program. 4 (d) If an eligible homeless minor voluntarily leaves or is 5dismissed from a youth transitional housing program prior to 6reaching the age of majority, the youth transitional housing 7program agency shall contact the comprehensive community based 8youth services agency that provided crisis intervention 9services to the eligible homeless minor under subdivision 10(b)(7)(A) of this Section to assist in finding an alternative 11placement for the minor. If the eligible homeless minor leaves 12the program before beginning services with the comprehensive 13community based youth service provider, then the youth 14transitional housing program shall notify the local law 15enforcement authorities and make reasonable efforts to notify 16the minor's parent or guardian that the minor has left the 17program. 18 (e) Nothing in this Section shall be construed to require 19an eligible homeless minor to acquire the consent of a parent, 20guardian, or custodian to consent to a youth transitional 21housing program. An eligible homeless minor is deemed to have 22the legal capacity to consent to receiving housing and 23services from a licensed youth transitional housing program. 24 (f) The purpose of this Section is to provide a means by 25which an eligible homeless minor may have the authority to 26consent, independent of the homeless minor's his or her HB1596- 4 -LRB103 25063 WGH 51398 b 1parents or guardian, to receive housing and services as 2described in subsection (a) of this Section provided by a 3licensed youth transitional housing program that has the 4ability to serve the homeless minor. This Section is not 5intended to interfere with the integrity of the family or the 6rights of parents and their children. This Section does not 7limit or exclude any means by which a minor may become 8emancipated. 9(Source: P.A. 100-162, eff. 1-1-18.) 10 (20 ILCS 505/5) (from Ch. 23, par. 5005) 11 Sec. 5. Direct child welfare services; Department of 12Children and Family Services. To provide direct child welfare 13services when not available through other public or private 14child care or program facilities. 15 (a) For purposes of this Section: 16 (1) "Children" means persons found within the State 17 who are under the age of 18 years. The term also includes 18 persons under age 21 who: 19 (A) were committed to the Department pursuant to 20 the Juvenile Court Act or the Juvenile Court Act of 21 1987 and who continue under the jurisdiction of the 22 court; or 23 (B) were accepted for care, service and training 24 by the Department prior to the age of 18 and whose best 25 interest in the discretion of the Department would be HB1596- 5 -LRB103 25063 WGH 51398 b 1 served by continuing that care, service and training 2 because of severe emotional disturbances, physical 3 disability, social adjustment or any combination 4 thereof, or because of the need to complete an 5 educational or vocational training program. 6 (2) "Homeless youth" means persons found within the 7 State who are under the age of 19, are not in a safe and 8 stable living situation and cannot be reunited with their 9 families. 10 (3) "Child welfare services" means public social 11 services which are directed toward the accomplishment of 12 the following purposes: 13 (A) protecting and promoting the health, safety 14 and welfare of children, including homeless, 15 dependent, or neglected children; 16 (B) remedying, or assisting in the solution of 17 problems which may result in, the neglect, abuse, 18 exploitation, or delinquency of children; 19 (C) preventing the unnecessary separation of 20 children from their families by identifying family 21 problems, assisting families in resolving their 22 problems, and preventing the breakup of the family 23 where the prevention of child removal is desirable and 24 possible when the child can be cared for at home 25 without endangering the child's health and safety; 26 (D) restoring to their families children who have HB1596- 6 -LRB103 25063 WGH 51398 b 1 been removed, by the provision of services to the 2 child and the families when the child can be cared for 3 at home without endangering the child's health and 4 safety; 5 (E) placing children in suitable adoptive homes, 6 in cases where restoration to the birth biological 7 family is not safe, possible, or appropriate; 8 (F) assuring safe and adequate care of children 9 away from their homes, in cases where the child cannot 10 be returned home or cannot be placed for adoption. At 11 the time of placement, the Department shall consider 12 concurrent planning, as described in subsection (l-1) 13 of this Section so that permanency may occur at the 14 earliest opportunity. Consideration should be given so 15 that if reunification fails or is delayed, the 16 placement made is the best available placement to 17 provide permanency for the child; 18 (G) (blank); 19 (H) (blank); and 20 (I) placing and maintaining children in facilities 21 that provide separate living quarters for children 22 under the age of 18 and for children 18 years of age 23 and older, unless a child 18 years of age is in the 24 last year of high school education or vocational 25 training, in an approved individual or group treatment 26 program, in a licensed shelter facility, or secure HB1596- 7 -LRB103 25063 WGH 51398 b 1 child care facility. The Department is not required to 2 place or maintain children: 3 (i) who are in a foster home, or 4 (ii) who are persons with a developmental 5 disability, as defined in the Mental Health and 6 Developmental Disabilities Code, or 7 (iii) who are female children who are 8 pregnant, pregnant and parenting, or parenting, or 9 (iv) who are siblings, in facilities that 10 provide separate living quarters for children 18 11 years of age and older and for children under 18 12 years of age. 13 (b) (Blank). 14 (c) The Department shall establish and maintain 15tax-supported child welfare services and extend and seek to 16improve voluntary services throughout the State, to the end 17that services and care shall be available on an equal basis 18throughout the State to children requiring such services. 19 (d) The Director may authorize advance disbursements for 20any new program initiative to any agency contracting with the 21Department. As a prerequisite for an advance disbursement, the 22contractor must post a surety bond in the amount of the advance 23disbursement and have a purchase of service contract approved 24by the Department. The Department may pay up to 2 months 25operational expenses in advance. The amount of the advance 26disbursement shall be prorated over the life of the contract HB1596- 8 -LRB103 25063 WGH 51398 b 1or the remaining months of the fiscal year, whichever is less, 2and the installment amount shall then be deducted from future 3bills. Advance disbursement authorizations for new initiatives 4shall not be made to any agency after that agency has operated 5during 2 consecutive fiscal years. The requirements of this 6Section concerning advance disbursements shall not apply with 7respect to the following: payments to local public agencies 8for child day care services as authorized by Section 5a of this 9Act; and youth service programs receiving grant funds under 10Section 17a-4. 11 (e) (Blank). 12 (f) (Blank). 13 (g) The Department shall establish rules and regulations 14concerning its operation of programs designed to meet the 15goals of child safety and protection, family preservation, 16family reunification, and adoption, including, but not limited 17to: 18 (1) adoption; 19 (2) foster care; 20 (3) family counseling; 21 (4) protective services; 22 (5) (blank); 23 (6) homemaker service; 24 (7) return of runaway children; 25 (8) (blank); 26 (9) placement under Section 5-7 of the Juvenile Court HB1596- 9 -LRB103 25063 WGH 51398 b 1 Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile 2 Court Act of 1987 in accordance with the federal Adoption 3 Assistance and Child Welfare Act of 1980; and 4 (10) interstate services. 5 Rules and regulations established by the Department shall 6include provisions for training Department staff and the staff 7of Department grantees, through contracts with other agencies 8or resources, in screening techniques to identify substance 9use disorders, as defined in the Substance Use Disorder Act, 10approved by the Department of Human Services, as a successor 11to the Department of Alcoholism and Substance Abuse, for the 12purpose of identifying children and adults who should be 13referred for an assessment at an organization appropriately 14licensed by the Department of Human Services for substance use 15disorder treatment. 16 (h) If the Department finds that there is no appropriate 17program or facility within or available to the Department for 18a youth in care and that no licensed private facility has an 19adequate and appropriate program or none agrees to accept the 20youth in care, the Department shall create an appropriate 21individualized, program-oriented plan for such youth in care. 22The plan may be developed within the Department or through 23purchase of services by the Department to the extent that it is 24within its statutory authority to do. 25 (i) Service programs shall be available throughout the 26State and shall include but not be limited to the following HB1596- 10 -LRB103 25063 WGH 51398 b 1services: 2 (1) case management; 3 (2) homemakers; 4 (3) counseling; 5 (4) parent education; 6 (5) day care; and 7 (6) emergency assistance and advocacy. 8 In addition, the following services may be made available 9to assess and meet the needs of children and families: 10 (1) comprehensive family-based services; 11 (2) assessments; 12 (3) respite care; and 13 (4) in-home health services. 14 The Department shall provide transportation for any of the 15services it makes available to children or families or for 16which it refers children or families. 17 (j) The Department may provide categories of financial 18assistance and education assistance grants, and shall 19establish rules and regulations concerning the assistance and 20grants, to persons who adopt children with physical or mental 21disabilities, children who are older, or other hard-to-place 22children who (i) immediately prior to their adoption were 23youth in care or (ii) were determined eligible for financial 24assistance with respect to a prior adoption and who become 25available for adoption because the prior adoption has been 26dissolved and the parental rights of the adoptive parents have HB1596- 11 -LRB103 25063 WGH 51398 b 1been terminated or because the child's adoptive parents have 2died. The Department may continue to provide financial 3assistance and education assistance grants for a child who was 4determined eligible for financial assistance under this 5subsection (j) in the interim period beginning when the 6child's adoptive parents died and ending with the finalization 7of the new adoption of the child by another adoptive parent or 8parents. The Department may also provide categories of 9financial assistance and education assistance grants, and 10shall establish rules and regulations for the assistance and 11grants, to persons appointed guardian of the person under 12Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 134-25, or 5-740 of the Juvenile Court Act of 1987 for children 14who were youth in care for 12 months immediately prior to the 15appointment of the guardian. 16 The amount of assistance may vary, depending upon the 17needs of the child and the adoptive parents, as set forth in 18the annual assistance agreement. Special purpose grants are 19allowed where the child requires special service but such 20costs may not exceed the amounts which similar services would 21cost the Department if it were to provide or secure them as 22guardian of the child. 23 Any financial assistance provided under this subsection is 24inalienable by assignment, sale, execution, attachment, 25garnishment, or any other remedy for recovery or collection of 26a judgment or debt. HB1596- 12 -LRB103 25063 WGH 51398 b 1 (j-5) The Department shall not deny or delay the placement 2of a child for adoption if an approved family is available 3either outside of the Department region handling the case, or 4outside of the State of Illinois. 5 (k) The Department shall accept for care and training any 6child who has been adjudicated neglected or abused, or 7dependent committed to it pursuant to the Juvenile Court Act 8or the Juvenile Court Act of 1987. 9 (l) The Department shall offer family preservation 10services, as defined in Section 8.2 of the Abused and 11Neglected Child Reporting Act, to help families, including 12adoptive and extended families. Family preservation services 13shall be offered (i) to prevent the placement of children in 14substitute care when the children can be cared for at home or 15in the custody of the person responsible for the children's 16welfare, (ii) to reunite children with their families, or 17(iii) to maintain an adoptive placement. Family preservation 18services shall only be offered when doing so will not endanger 19the children's health or safety. With respect to children who 20are in substitute care pursuant to the Juvenile Court Act of 211987, family preservation services shall not be offered if a 22goal other than those of subdivisions (A), (B), or (B-1) of 23subsection (2) of Section 2-28 of that Act has been set, except 24that reunification services may be offered as provided in 25paragraph (F) of subsection (2) of Section 2-28 of that Act. 26Nothing in this paragraph shall be construed to create a HB1596- 13 -LRB103 25063 WGH 51398 b 1private right of action or claim on the part of any individual 2or child welfare agency, except that when a child is the 3subject of an action under Article II of the Juvenile Court Act 4of 1987 and the child's service plan calls for services to 5facilitate achievement of the permanency goal, the court 6hearing the action under Article II of the Juvenile Court Act 7of 1987 may order the Department to provide the services set 8out in the plan, if those services are not provided with 9reasonable promptness and if those services are available. 10 The Department shall notify the child and the child's his 11family of the Department's responsibility to offer and provide 12family preservation services as identified in the service 13plan. The child and the child's his family shall be eligible 14for services as soon as the report is determined to be 15"indicated". The Department may offer services to any child or 16family with respect to whom a report of suspected child abuse 17or neglect has been filed, prior to concluding its 18investigation under Section 7.12 of the Abused and Neglected 19Child Reporting Act. However, the child's or family's 20willingness to accept services shall not be considered in the 21investigation. The Department may also provide services to any 22child or family who is the subject of any report of suspected 23child abuse or neglect or may refer such child or family to 24services available from other agencies in the community, even 25if the report is determined to be unfounded, if the conditions 26in the child's or family's home are reasonably likely to HB1596- 14 -LRB103 25063 WGH 51398 b 1subject the child or family to future reports of suspected 2child abuse or neglect. Acceptance of such services shall be 3voluntary. The Department may also provide services to any 4child or family after completion of a family assessment, as an 5alternative to an investigation, as provided under the 6"differential response program" provided for in subsection 7(a-5) of Section 7.4 of the Abused and Neglected Child 8Reporting Act. 9 The Department may, at its discretion except for those 10children also adjudicated neglected or dependent, accept for 11care and training any child who has been adjudicated addicted, 12as a truant minor in need of supervision or as a minor 13requiring authoritative intervention, under the Juvenile Court 14Act or the Juvenile Court Act of 1987, but no such child shall 15be committed to the Department by any court without the 16approval of the Department. On and after January 1, 2015 (the 17effective date of Public Act 98-803) and before January 1, 182017, a minor charged with a criminal offense under the 19Criminal Code of 1961 or the Criminal Code of 2012 or 20adjudicated delinquent shall not be placed in the custody of 21or committed to the Department by any court, except (i) a minor 22less than 16 years of age committed to the Department under 23Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor 24for whom an independent basis of abuse, neglect, or dependency 25exists, which must be defined by departmental rule, or (iii) a 26minor for whom the court has granted a supplemental petition HB1596- 15 -LRB103 25063 WGH 51398 b 1to reinstate wardship pursuant to subsection (2) of Section 22-33 of the Juvenile Court Act of 1987. On and after January 1, 32017, a minor charged with a criminal offense under the 4Criminal Code of 1961 or the Criminal Code of 2012 or 5adjudicated delinquent shall not be placed in the custody of 6or committed to the Department by any court, except (i) a minor 7less than 15 years of age committed to the Department under 8Section 5-710 of the Juvenile Court Act of 1987, ii) a minor 9for whom an independent basis of abuse, neglect, or dependency 10exists, which must be defined by departmental rule, or (iii) a 11minor for whom the court has granted a supplemental petition 12to reinstate wardship pursuant to subsection (2) of Section 132-33 of the Juvenile Court Act of 1987. An independent basis 14exists when the allegations or adjudication of abuse, neglect, 15or dependency do not arise from the same facts, incident, or 16circumstances which give rise to a charge or adjudication of 17delinquency. The Department shall assign a caseworker to 18attend any hearing involving a youth in the care and custody of 19the Department who is placed on aftercare release, including 20hearings involving sanctions for violation of aftercare 21release conditions and aftercare release revocation hearings. 22 As soon as is possible after August 7, 2009 (the effective 23date of Public Act 96-134), the Department shall develop and 24implement a special program of family preservation services to 25support intact, foster, and adoptive families who are 26experiencing extreme hardships due to the difficulty and HB1596- 16 -LRB103 25063 WGH 51398 b 1stress of caring for a child who has been diagnosed with a 2pervasive developmental disorder if the Department determines 3that those services are necessary to ensure the health and 4safety of the child. The Department may offer services to any 5family whether or not a report has been filed under the Abused 6and Neglected Child Reporting Act. The Department may refer 7the child or family to services available from other agencies 8in the community if the conditions in the child's or family's 9home are reasonably likely to subject the child or family to 10future reports of suspected child abuse or neglect. Acceptance 11of these services shall be voluntary. The Department shall 12develop and implement a public information campaign to alert 13health and social service providers and the general public 14about these special family preservation services. The nature 15and scope of the services offered and the number of families 16served under the special program implemented under this 17paragraph shall be determined by the level of funding that the 18Department annually allocates for this purpose. The term 19"pervasive developmental disorder" under this paragraph means 20a neurological condition, including, but not limited to, 21Asperger's Syndrome and autism, as defined in the most recent 22edition of the Diagnostic and Statistical Manual of Mental 23Disorders of the American Psychiatric Association. 24 (l-1) The General Assembly legislature recognizes that the 25best interests of the child require that the child be placed in 26the most permanent living arrangement as soon as is HB1596- 17 -LRB103 25063 WGH 51398 b 1practically possible. To achieve this goal, the General 2Assembly legislature directs the Department of Children and 3Family Services to conduct concurrent planning so that 4permanency may occur at the earliest opportunity. Permanent 5living arrangements may include prevention of placement of a 6child outside the home of the family when the child can be 7cared for at home without endangering the child's health or 8safety; reunification with the family, when safe and 9appropriate, if temporary placement is necessary; or movement 10of the child toward the most permanent living arrangement and 11permanent legal status. 12 When determining reasonable efforts to be made with 13respect to a child, as described in this subsection, and in 14making such reasonable efforts, the child's health and safety 15shall be the paramount concern. 16 When a child is placed in foster care, the Department 17shall ensure and document that reasonable efforts were made to 18prevent or eliminate the need to remove the child from the 19child's home. The Department must make reasonable efforts to 20reunify the family when temporary placement of the child 21occurs unless otherwise required, pursuant to the Juvenile 22Court Act of 1987. At any time after the dispositional hearing 23where the Department believes that further reunification 24services would be ineffective, it may request a finding from 25the court that reasonable efforts are no longer appropriate. 26The Department is not required to provide further HB1596- 18 -LRB103 25063 WGH 51398 b 1reunification services after such a finding. 2 A decision to place a child in substitute care shall be 3made with considerations of the child's health, safety, and 4best interests. At the time of placement, consideration should 5also be given so that if reunification fails or is delayed, the 6placement made is the best available placement to provide 7permanency for the child. 8 The Department shall adopt rules addressing concurrent 9planning for reunification and permanency. The Department 10shall consider the following factors when determining 11appropriateness of concurrent planning: 12 (1) the likelihood of prompt reunification; 13 (2) the past history of the family; 14 (3) the barriers to reunification being addressed by 15 the family; 16 (4) the level of cooperation of the family; 17 (5) the foster parents' willingness to work with the 18 family to reunite; 19 (6) the willingness and ability of the foster family 20 to provide an adoptive home or long-term placement; 21 (7) the age of the child; 22 (8) placement of siblings. 23 (m) The Department may assume temporary custody of any 24child if: 25 (1) it has received a written consent to such 26 temporary custody signed by the parents of the child or by HB1596- 19 -LRB103 25063 WGH 51398 b 1 the parent having custody of the child if the parents are 2 not living together or by the guardian or custodian of the 3 child if the child is not in the custody of either parent, 4 or 5 (2) the child is found in the State and neither a 6 parent, guardian nor custodian of the child can be 7 located. 8If the child is found in the child's his or her residence 9without a parent, guardian, custodian, or responsible 10caretaker, the Department may, instead of removing the child 11and assuming temporary custody, place an authorized 12representative of the Department in that residence until such 13time as a parent, guardian, or custodian enters the home and 14expresses a willingness and apparent ability to ensure the 15child's health and safety and resume permanent charge of the 16child, or until a relative enters the home and is willing and 17able to ensure the child's health and safety and assume charge 18of the child until a parent, guardian, or custodian enters the 19home and expresses such willingness and ability to ensure the 20child's safety and resume permanent charge. After a caretaker 21has remained in the home for a period not to exceed 12 hours, 22the Department must follow those procedures outlined in 23Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 241987. 25 The Department shall have the authority, responsibilities 26and duties that a legal custodian of the child would have HB1596- 20 -LRB103 25063 WGH 51398 b 1pursuant to subsection (9) of Section 1-3 of the Juvenile 2Court Act of 1987. Whenever a child is taken into temporary 3custody pursuant to an investigation under the Abused and 4Neglected Child Reporting Act, or pursuant to a referral and 5acceptance under the Juvenile Court Act of 1987 of a minor in 6limited custody, the Department, during the period of 7temporary custody and before the child is brought before a 8judicial officer as required by Section 2-9, 3-11, 4-8, or 95-415 of the Juvenile Court Act of 1987, shall have the 10authority, responsibilities and duties that a legal custodian 11of the child would have under subsection (9) of Section 1-3 of 12the Juvenile Court Act of 1987. 13 The Department shall ensure that any child taken into 14custody is scheduled for an appointment for a medical 15examination. 16 A parent, guardian, or custodian of a child in the 17temporary custody of the Department who would have custody of 18the child if the child he were not in the temporary custody of 19the Department may deliver to the Department a signed request 20that the Department surrender the temporary custody of the 21child. The Department may retain temporary custody of the 22child for 10 days after the receipt of the request, during 23which period the Department may cause to be filed a petition 24pursuant to the Juvenile Court Act of 1987. If a petition is so 25filed, the Department shall retain temporary custody of the 26child until the court orders otherwise. If a petition is not HB1596- 21 -LRB103 25063 WGH 51398 b 1filed within the 10-day period, the child shall be surrendered 2to the custody of the requesting parent, guardian, or 3custodian not later than the expiration of the 10-day period, 4at which time the authority and duties of the Department with 5respect to the temporary custody of the child shall terminate. 6 (m-1) The Department may place children under 18 years of 7age in a secure child care facility licensed by the Department 8that cares for children who are in need of secure living 9arrangements for their health, safety, and well-being after a 10determination is made by the facility director and the 11Director or the Director's designate prior to admission to the 12facility subject to Section 2-27.1 of the Juvenile Court Act 13of 1987. This subsection (m-1) does not apply to a child who is 14subject to placement in a correctional facility operated 15pursuant to Section 3-15-2 of the Unified Code of Corrections, 16unless the child is a youth in care who was placed in the care 17of the Department before being subject to placement in a 18correctional facility and a court of competent jurisdiction 19has ordered placement of the child in a secure care facility. 20 (n) The Department may place children under 18 years of 21age in licensed child care facilities when in the opinion of 22the Department, appropriate services aimed at family 23preservation have been unsuccessful and cannot ensure the 24child's health and safety or are unavailable and such 25placement would be for their best interest. Payment for board, 26clothing, care, training and supervision of any child placed HB1596- 22 -LRB103 25063 WGH 51398 b 1in a licensed child care facility may be made by the 2Department, by the parents or guardians of the estates of 3those children, or by both the Department and the parents or 4guardians, except that no payments shall be made by the 5Department for any child placed in a licensed child care 6facility for board, clothing, care, training and supervision 7of such a child that exceed the average per capita cost of 8maintaining and of caring for a child in institutions for 9dependent or neglected children operated by the Department. 10However, such restriction on payments does not apply in cases 11where children require specialized care and treatment for 12problems of severe emotional disturbance, physical disability, 13social adjustment, or any combination thereof and suitable 14facilities for the placement of such children are not 15available at payment rates within the limitations set forth in 16this Section. All reimbursements for services delivered shall 17be absolutely inalienable by assignment, sale, attachment, or 18garnishment or otherwise. 19 (n-1) The Department shall provide or authorize child 20welfare services, aimed at assisting minors to achieve 21sustainable self-sufficiency as independent adults, for any 22minor eligible for the reinstatement of wardship pursuant to 23subsection (2) of Section 2-33 of the Juvenile Court Act of 241987, whether or not such reinstatement is sought or allowed, 25provided that the minor consents to such services and has not 26yet attained the age of 21. The Department shall have HB1596- 23 -LRB103 25063 WGH 51398 b 1responsibility for the development and delivery of services 2under this Section. An eligible youth may access services 3under this Section through the Department of Children and 4Family Services or by referral from the Department of Human 5Services. Youth participating in services under this Section 6shall cooperate with the assigned case manager in developing 7an agreement identifying the services to be provided and how 8the youth will increase skills to achieve self-sufficiency. A 9homeless shelter is not considered appropriate housing for any 10youth receiving child welfare services under this Section. The 11Department shall continue child welfare services under this 12Section to any eligible minor until the minor becomes 21 years 13of age, no longer consents to participate, or achieves 14self-sufficiency as identified in the minor's service plan. 15The Department of Children and Family Services shall create 16clear, readable notice of the rights of former foster youth to 17child welfare services under this Section and how such 18services may be obtained. The Department of Children and 19Family Services and the Department of Human Services shall 20disseminate this information statewide. The Department shall 21adopt regulations describing services intended to assist 22minors in achieving sustainable self-sufficiency as 23independent adults. 24 (o) The Department shall establish an administrative 25review and appeal process for children and families who 26request or receive child welfare services from the Department. HB1596- 24 -LRB103 25063 WGH 51398 b 1Youth in care who are placed by private child welfare 2agencies, and foster families with whom those youth are 3placed, shall be afforded the same procedural and appeal 4rights as children and families in the case of placement by the 5Department, including the right to an initial review of a 6private agency decision by that agency. The Department shall 7ensure that any private child welfare agency, which accepts 8youth in care for placement, affords those rights to children 9and foster families. The Department shall accept for 10administrative review and an appeal hearing a complaint made 11by (i) a child or foster family concerning a decision 12following an initial review by a private child welfare agency 13or (ii) a prospective adoptive parent who alleges a violation 14of subsection (j-5) of this Section. An appeal of a decision 15concerning a change in the placement of a child shall be 16conducted in an expedited manner. A court determination that a 17current foster home placement is necessary and appropriate 18under Section 2-28 of the Juvenile Court Act of 1987 does not 19constitute a judicial determination on the merits of an 20administrative appeal, filed by a former foster parent, 21involving a change of placement decision. 22 (p) (Blank). 23 (q) The Department may receive and use, in their entirety, 24for the benefit of children any gift, donation, or bequest of 25money or other property which is received on behalf of such 26children, or any financial benefits to which such children are HB1596- 25 -LRB103 25063 WGH 51398 b 1or may become entitled while under the jurisdiction or care of 2the Department, except that the benefits described in Section 35.46 must be used and conserved consistent with the provisions 4under Section 5.46. 5 The Department shall set up and administer no-cost, 6interest-bearing accounts in appropriate financial 7institutions for children for whom the Department is legally 8responsible and who have been determined eligible for 9Veterans' Benefits, Social Security benefits, assistance 10allotments from the armed forces, court ordered payments, 11parental voluntary payments, Supplemental Security Income, 12Railroad Retirement payments, Black Lung benefits, or other 13miscellaneous payments. Interest earned by each account shall 14be credited to the account, unless disbursed in accordance 15with this subsection. 16 In disbursing funds from children's accounts, the 17Department shall: 18 (1) Establish standards in accordance with State and 19 federal laws for disbursing money from children's 20 accounts. In all circumstances, the Department's 21 "Guardianship Administrator" or the Guardianship 22 Administrator's his or her designee must approve 23 disbursements from children's accounts. The Department 24 shall be responsible for keeping complete records of all 25 disbursements for each account for any purpose. 26 (2) Calculate on a monthly basis the amounts paid from HB1596- 26 -LRB103 25063 WGH 51398 b 1 State funds for the child's board and care, medical care 2 not covered under Medicaid, and social services; and 3 utilize funds from the child's account, as covered by 4 regulation, to reimburse those costs. Monthly, 5 disbursements from all children's accounts, up to 1/12 of 6 $13,000,000, shall be deposited by the Department into the 7 General Revenue Fund and the balance over 1/12 of 8 $13,000,000 into the DCFS Children's Services Fund. 9 (3) Maintain any balance remaining after reimbursing 10 for the child's costs of care, as specified in item (2). 11 The balance shall accumulate in accordance with relevant 12 State and federal laws and shall be disbursed to the child 13 or the child's his or her guardian, or to the issuing 14 agency. 15 (r) The Department shall promulgate regulations 16encouraging all adoption agencies to voluntarily forward to 17the Department or its agent names and addresses of all persons 18who have applied for and have been approved for adoption of a 19hard-to-place child or child with a disability and the names 20of such children who have not been placed for adoption. A list 21of such names and addresses shall be maintained by the 22Department or its agent, and coded lists which maintain the 23confidentiality of the person seeking to adopt the child and 24of the child shall be made available, without charge, to every 25adoption agency in the State to assist the agencies in placing 26such children for adoption. The Department may delegate to an HB1596- 27 -LRB103 25063 WGH 51398 b 1agent its duty to maintain and make available such lists. The 2Department shall ensure that such agent maintains the 3confidentiality of the person seeking to adopt the child and 4of the child. 5 (s) The Department of Children and Family Services may 6establish and implement a program to reimburse Department and 7private child welfare agency foster parents licensed by the 8Department of Children and Family Services for damages 9sustained by the foster parents as a result of the malicious or 10negligent acts of foster children, as well as providing third 11party coverage for such foster parents with regard to actions 12of foster children to other individuals. Such coverage will be 13secondary to the foster parent liability insurance policy, if 14applicable. The program shall be funded through appropriations 15from the General Revenue Fund, specifically designated for 16such purposes. 17 (t) The Department shall perform home studies and 18investigations and shall exercise supervision over visitation 19as ordered by a court pursuant to the Illinois Marriage and 20Dissolution of Marriage Act or the Adoption Act only if: 21 (1) an order entered by an Illinois court specifically 22 directs the Department to perform such services; and 23 (2) the court has ordered one or both of the parties to 24 the proceeding to reimburse the Department for its 25 reasonable costs for providing such services in accordance 26 with Department rules, or has determined that neither HB1596- 28 -LRB103 25063 WGH 51398 b 1 party is financially able to pay. 2 The Department shall provide written notification to the 3court of the specific arrangements for supervised visitation 4and projected monthly costs within 60 days of the court order. 5The Department shall send to the court information related to 6the costs incurred except in cases where the court has 7determined the parties are financially unable to pay. The 8court may order additional periodic reports as appropriate. 9 (u) In addition to other information that must be 10provided, whenever the Department places a child with a 11prospective adoptive parent or parents, in a licensed foster 12home, group home, or child care institution, or in a relative 13home, the Department shall provide to the prospective adoptive 14parent or parents or other caretaker: 15 (1) available detailed information concerning the 16 child's educational and health history, copies of 17 immunization records (including insurance and medical card 18 information), a history of the child's previous 19 placements, if any, and reasons for placement changes 20 excluding any information that identifies or reveals the 21 location of any previous caretaker; 22 (2) a copy of the child's portion of the client 23 service plan, including any visitation arrangement, and 24 all amendments or revisions to it as related to the child; 25 and 26 (3) information containing details of the child's HB1596- 29 -LRB103 25063 WGH 51398 b 1 individualized educational plan when the child is 2 receiving special education services. 3 The caretaker shall be informed of any known social or 4behavioral information (including, but not limited to, 5criminal background, fire setting, perpetuation of sexual 6abuse, destructive behavior, and substance abuse) necessary to 7care for and safeguard the children to be placed or currently 8in the home. The Department may prepare a written summary of 9the information required by this paragraph, which may be 10provided to the foster or prospective adoptive parent in 11advance of a placement. The foster or prospective adoptive 12parent may review the supporting documents in the child's file 13in the presence of casework staff. In the case of an emergency 14placement, casework staff shall at least provide known 15information verbally, if necessary, and must subsequently 16provide the information in writing as required by this 17subsection. 18 The information described in this subsection shall be 19provided in writing. In the case of emergency placements when 20time does not allow prior review, preparation, and collection 21of written information, the Department shall provide such 22information as it becomes available. Within 10 business days 23after placement, the Department shall obtain from the 24prospective adoptive parent or parents or other caretaker a 25signed verification of receipt of the information provided. 26Within 10 business days after placement, the Department shall HB1596- 30 -LRB103 25063 WGH 51398 b 1provide to the child's guardian ad litem a copy of the 2information provided to the prospective adoptive parent or 3parents or other caretaker. The information provided to the 4prospective adoptive parent or parents or other caretaker 5shall be reviewed and approved regarding accuracy at the 6supervisory level. 7 (u-5) Effective July 1, 1995, only foster care placements 8licensed as foster family homes pursuant to the Child Care Act 9of 1969 shall be eligible to receive foster care payments from 10the Department. Relative caregivers who, as of July 1, 1995, 11were approved pursuant to approved relative placement rules 12previously promulgated by the Department at 89 Ill. Adm. Code 13335 and had submitted an application for licensure as a foster 14family home may continue to receive foster care payments only 15until the Department determines that they may be licensed as a 16foster family home or that their application for licensure is 17denied or until September 30, 1995, whichever occurs first. 18 (v) The Department shall access criminal history record 19information as defined in the Illinois Uniform Conviction 20Information Act and information maintained in the adjudicatory 21and dispositional record system as defined in Section 2605-355 22of the Illinois State Police Law if the Department determines 23the information is necessary to perform its duties under the 24Abused and Neglected Child Reporting Act, the Child Care Act 25of 1969, and the Children and Family Services Act. The 26Department shall provide for interactive computerized HB1596- 31 -LRB103 25063 WGH 51398 b 1communication and processing equipment that permits direct 2on-line communication with the Illinois State Police's central 3criminal history data repository. The Department shall comply 4with all certification requirements and provide certified 5operators who have been trained by personnel from the Illinois 6State Police. In addition, one Office of the Inspector General 7investigator shall have training in the use of the criminal 8history information access system and have access to the 9terminal. The Department of Children and Family Services and 10its employees shall abide by rules and regulations established 11by the Illinois State Police relating to the access and 12dissemination of this information. 13 (v-1) Prior to final approval for placement of a child, 14the Department shall conduct a criminal records background 15check of the prospective foster or adoptive parent, including 16fingerprint-based checks of national crime information 17databases. Final approval for placement shall not be granted 18if the record check reveals a felony conviction for child 19abuse or neglect, for spousal abuse, for a crime against 20children, or for a crime involving violence, including rape, 21sexual assault, or homicide, but not including other physical 22assault or battery, or if there is a felony conviction for 23physical assault, battery, or a drug-related offense committed 24within the past 5 years. 25 (v-2) Prior to final approval for placement of a child, 26the Department shall check its child abuse and neglect HB1596- 32 -LRB103 25063 WGH 51398 b 1registry for information concerning prospective foster and 2adoptive parents, and any adult living in the home. If any 3prospective foster or adoptive parent or other adult living in 4the home has resided in another state in the preceding 5 years, 5the Department shall request a check of that other state's 6child abuse and neglect registry. 7 (w) Within 120 days of August 20, 1995 (the effective date 8of Public Act 89-392), the Department shall prepare and submit 9to the Governor and the General Assembly, a written plan for 10the development of in-state licensed secure child care 11facilities that care for children who are in need of secure 12living arrangements for their health, safety, and well-being. 13For purposes of this subsection, secure care facility shall 14mean a facility that is designed and operated to ensure that 15all entrances and exits from the facility, a building or a 16distinct part of the building, are under the exclusive control 17of the staff of the facility, whether or not the child has the 18freedom of movement within the perimeter of the facility, 19building, or distinct part of the building. The plan shall 20include descriptions of the types of facilities that are 21needed in Illinois; the cost of developing these secure care 22facilities; the estimated number of placements; the potential 23cost savings resulting from the movement of children currently 24out-of-state who are projected to be returned to Illinois; the 25necessary geographic distribution of these facilities in 26Illinois; and a proposed timetable for development of such HB1596- 33 -LRB103 25063 WGH 51398 b 1facilities. 2 (x) The Department shall conduct annual credit history 3checks to determine the financial history of children placed 4under its guardianship pursuant to the Juvenile Court Act of 51987. The Department shall conduct such credit checks starting 6when a youth in care turns 12 years old and each year 7thereafter for the duration of the guardianship as terminated 8pursuant to the Juvenile Court Act of 1987. The Department 9shall determine if financial exploitation of the child's 10personal information has occurred. If financial exploitation 11appears to have taken place or is presently ongoing, the 12Department shall notify the proper law enforcement agency, the 13proper State's Attorney, or the Attorney General. 14 (y) Beginning on July 22, 2010 (the effective date of 15Public Act 96-1189), a child with a disability who receives 16residential and educational services from the Department shall 17be eligible to receive transition services in accordance with 18Article 14 of the School Code from the age of 14.5 through age 1921, inclusive, notwithstanding the child's residential 20services arrangement. For purposes of this subsection, "child 21with a disability" means a child with a disability as defined 22by the federal Individuals with Disabilities Education 23Improvement Act of 2004. 24 (z) The Department shall access criminal history record 25information as defined as "background information" in this 26subsection and criminal history record information as defined HB1596- 34 -LRB103 25063 WGH 51398 b 1in the Illinois Uniform Conviction Information Act for each 2Department employee or Department applicant. Each Department 3employee or Department applicant shall submit the employee's 4or applicant's his or her fingerprints to the Illinois State 5Police in the form and manner prescribed by the Illinois State 6Police. These fingerprints shall be checked against the 7fingerprint records now and hereafter filed in the Illinois 8State Police and the Federal Bureau of Investigation criminal 9history records databases. The Illinois State Police shall 10charge a fee for conducting the criminal history record check, 11which shall be deposited into the State Police Services Fund 12and shall not exceed the actual cost of the record check. The 13Illinois State Police shall furnish, pursuant to positive 14identification, all Illinois conviction information to the 15Department of Children and Family Services. 16 For purposes of this subsection: 17 "Background information" means all of the following: 18 (i) Upon the request of the Department of Children and 19 Family Services, conviction information obtained from the 20 Illinois State Police as a result of a fingerprint-based 21 criminal history records check of the Illinois criminal 22 history records database and the Federal Bureau of 23 Investigation criminal history records database concerning 24 a Department employee or Department applicant. 25 (ii) Information obtained by the Department of 26 Children and Family Services after performing a check of HB1596- 35 -LRB103 25063 WGH 51398 b 1 the Illinois State Police's Sex Offender Database, as 2 authorized by Section 120 of the Sex Offender Community 3 Notification Law, concerning a Department employee or 4 Department applicant. 5 (iii) Information obtained by the Department of 6 Children and Family Services after performing a check of 7 the Child Abuse and Neglect Tracking System (CANTS) 8 operated and maintained by the Department. 9 "Department employee" means a full-time or temporary 10employee coded or certified within the State of Illinois 11Personnel System. 12 "Department applicant" means an individual who has 13conditional Department full-time or part-time work, a 14contractor, an individual used to replace or supplement staff, 15an academic intern, a volunteer in Department offices or on 16Department contracts, a work-study student, an individual or 17entity licensed by the Department, or an unlicensed service 18provider who works as a condition of a contract or an agreement 19and whose work may bring the unlicensed service provider into 20contact with Department clients or client records. 21(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 22101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 238-20-21; 102-1014, eff. 5-27-22.) 24 (20 ILCS 505/5c) 25 Sec. 5c. Direct child welfare service employee license. HB1596- 36 -LRB103 25063 WGH 51398 b 1 (a) By January 1, 2000, the Department, in consultation 2with private child welfare agencies, shall develop and 3implement a direct child welfare service employee license. By 4January 1, 2001 all child protective investigators and 5supervisors and child welfare specialists and supervisors 6employed by the Department or its contractors shall be 7required to demonstrate sufficient knowledge and skills to 8obtain and maintain the license. The Direct Child Welfare 9Service Employee License Board of the Department shall have 10the authority to revoke or suspend the license of anyone who 11after a hearing is found to be guilty of misfeasance. The 12Department shall promulgate such rules as necessary to 13implement this Section. 14 (b) If a direct child welfare service employee licensee is 15expected to transport a child or children with a motor vehicle 16in the course of performing the direct child welfare service 17employee licensee's his or her duties, the Department must 18verify that the licensee meets the requirements set forth in 19Section 5.1 of the Child Care Act of 1969. The Department must 20make that verification as to each such licensee every 2 years. 21Upon the Department's request, the Secretary of State shall 22provide the Department with the information necessary to 23enable the Department to make the verifications required under 24this subsection. If the Department discovers that a direct 25child welfare service employee licensee has engaged in 26transporting a child or children with a motor vehicle without HB1596- 37 -LRB103 25063 WGH 51398 b 1having a valid driver's license, the Department shall 2immediately revoke the individual's direct child welfare 3service employee license. 4 (c) On or before January 1, 2000, and every year 5thereafter, the Department shall submit an annual report to 6the General Assembly on the implementation of this Section. 7(Source: P.A. 94-943, eff. 1-1-07.) 8 (20 ILCS 505/5d) 9 Sec. 5d. The Direct Child Welfare Service Employee License 10Board. 11 (a) For purposes of this Section: 12 (1) "Board" means the Direct Child Welfare Service 13 Employee License Board. 14 (2) "Director" means the Director of Children and 15 Family Services. 16 (b) The Direct Child Welfare Service Employee License 17Board is created within the Department of Children and Family 18Services and shall consist of 9 members appointed by the 19Director. The Director shall annually designate a chairperson 20and vice-chairperson of the Board. The membership of the Board 21must be composed as follows: (i) 5 licensed professionals from 22the field of human services with a human services, juris 23doctor, medical, public administration, or other relevant 24human services degree and who are in good standing within 25their profession, at least 2 of which must be employed in the HB1596- 38 -LRB103 25063 WGH 51398 b 1private not-for-profit sector and at least one of which in the 2public sector; (ii) 2 faculty members of an accredited 3university who have child welfare experience and are in good 4standing within their profession and (iii) 2 members of the 5general public who are not licensed under this Act or a similar 6rule and will represent consumer interests. 7 In making the first appointments, the Director shall 8appoint 3 members to serve for a term of one year, 3 members to 9serve for a term of 2 years, and 3 members to serve for a term 10of 3 years, or until their successors are appointed and 11qualified. Their successors shall be appointed to serve 3-year 12terms, or until their successors are appointed and qualified. 13Appointments to fill unexpired vacancies shall be made in the 14same manner as original appointments. No member may be 15reappointed if a reappointment would cause that member to 16serve on the Board for longer than 6 consecutive years. Board 17membership must have reasonable representation from different 18geographic areas of Illinois, and all members must be 19residents of this State. 20 The Director may terminate the appointment of any member 21for good cause, including but not limited to (i) unjustified 22absences from Board meetings or other failure to meet Board 23responsibilities, (ii) failure to recuse oneself himself or 24herself when required by subsection (c) of this Section or 25Department rule, or (iii) failure to maintain the professional 26position required by Department rule. No member of the Board HB1596- 39 -LRB103 25063 WGH 51398 b 1may have a pending or indicated report of child abuse or 2neglect or a pending complaint or criminal conviction of any 3of the offenses set forth in paragraph (b) of Section 4.2 of 4the Child Care Act of 1969. 5 The members of the Board shall receive no compensation for 6the performance of their duties as members, but each member 7shall be reimbursed for the member's his or her reasonable and 8necessary expenses incurred in attending the meetings of the 9Board. 10 (c) The Board shall make recommendations to the Director 11regarding licensure rules. Board members must recuse 12themselves from sitting on any matter involving an employee of 13a child welfare agency at which the Board member is an employee 14or contractual employee. The Board shall make a final 15determination concerning revocation, suspension, or 16reinstatement of an employee's direct child welfare service 17license after a hearing conducted under the Department's 18rules. Upon notification of the manner of the vote to all the 19members, votes on a final determination may be cast in person, 20by telephonic or electronic means, or by mail at the 21discretion of the chairperson. A simple majority of the 22members appointed and serving is required when Board members 23vote by mail or by telephonic or electronic means. A majority 24of the currently appointed and serving Board members 25constitutes a quorum. A majority of a quorum is required when a 26recommendation is voted on during a Board meeting. A vacancy HB1596- 40 -LRB103 25063 WGH 51398 b 1in the membership of the Board shall not impair the right of a 2quorum to perform all the duties of the Board. Board members 3are not personally liable in any action based upon a 4disciplinary proceeding or otherwise for any action taken in 5good faith as a member of the Board. 6 (d) The Director may assign Department employees to 7provide staffing services to the Board. The Department must 8promulgate any rules necessary to implement and administer the 9requirements of this Section. 10(Source: P.A. 102-45, eff. 1-1-22.) 11 (20 ILCS 505/5.26) 12 Sec. 5.26. Foster children; exit interviews. 13 (a) Unless clinically contraindicated, the Department 14shall ensure that an exit interview is conducted with every 15child age 5 and over who leaves a foster home. 16 (1) The interview shall be conducted by a caseworker, 17 mental health provider, or clinician from the Department's 18 Division of Clinical Practice. 19 (2) The interview shall be conducted within 5 days of 20 the child's removal from the home. 21 (3) The interviewer shall comply with the provisions 22 of the Abused and Neglected Child Reporting Act if the 23 child discloses abuse or neglect as defined by that Act. 24 (4) The interviewer shall immediately inform the 25 licensing agency if the child discloses any information HB1596- 41 -LRB103 25063 WGH 51398 b 1 that would constitute a potential licensing violation. 2 (5) Documentation of the interview shall be (i) 3 maintained in the foster parent's licensing file, (ii) 4 maintained in the child's case file, (iii) included in the 5 service plan for the child, and (iv) and provided to the 6 child's guardian ad litem and attorney appointed under 7 Section 2-17 of the Juvenile Court Act of 1987. 8 (6) The determination that an interview in compliance 9 with this Section is clinically contraindicated shall be 10 made by the caseworker, in consultation with the child's 11 mental health provider, if any, and the caseworker's 12 supervisor. If the child does not have a mental health 13 provider, the caseworker shall request a consultation with 14 the Department's Division of Clinical Practice regarding 15 whether an interview is clinically contraindicated. The 16 decision and the basis for the decision shall be 17 documented in writing and shall be (i) maintained in the 18 foster parent's licensing file, (ii) maintained in the 19 child's case file, and (iii) attached as part of the 20 service plan for the child. 21 (7) The information gathered during the interview 22 shall be dependent on the age and maturity of the child and 23 the circumstances of the child's removal. The 24 interviewer's observations and any information relevant to 25 understanding the child's responses shall be recorded on 26 the interview form. At a minimum, the interview shall HB1596- 42 -LRB103 25063 WGH 51398 b 1 address the following areas: 2 (A) How the child's basic needs were met in the 3 home: who prepared food and was there sufficient food; 4 whether the child had appropriate clothing; sleeping 5 arrangements; supervision appropriate to the child's 6 age and special needs; was the child enrolled in 7 school; and did the child receive the support needed 8 to complete the child's his or her school work. 9 (B) Access to caseworker, therapist, or guardian 10 ad litem: whether the child was able to contact these 11 professionals and how. 12 (C) Safety and comfort in the home: how did the 13 child feel in the home; was the foster parent 14 affirming of the child's identity; did anything happen 15 that made the child happy; did anything happen that 16 was scary or sad; what happened when the child did 17 something the child he or she should not have done; if 18 relevant, how does the child think the foster parent 19 felt about the child's family of origin, including 20 parents and siblings; and was the foster parent 21 supportive of the permanency goal. 22 (D) Normalcy: whether the child felt included in 23 the family; whether the child participated in 24 extracurricular activities; whether the foster parent 25 participated in planning for the child, including 26 child and family team meetings and school meetings. HB1596- 43 -LRB103 25063 WGH 51398 b 1 (b) The Department shall develop procedures, including an 2interview form, no later than January 1, 2023, to implement 3this Section. 4 (c) Beginning July 1, 2023 and quarterly thereafter, the 5Department shall post on its webpage a report summarizing the 6details of the exit interviews. 7(Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.) 8 (20 ILCS 505/7) (from Ch. 23, par. 5007) 9 Sec. 7. Placement of children; considerations. 10 (a) In placing any child under this Act, the Department 11shall place the child, as far as possible, in the care and 12custody of some individual holding the same religious belief 13as the parents of the child, or with some child care facility 14which is operated by persons of like religious faith as the 15parents of such child. 16 (a-5) In placing a child under this Act, the Department 17shall place the child with the child's sibling or siblings 18under Section 7.4 of this Act unless the placement is not in 19each child's best interest, or is otherwise not possible under 20the Department's rules. If the child is not placed with a 21sibling under the Department's rules, the Department shall 22consider placements that are likely to develop, preserve, 23nurture, and support sibling relationships, where doing so is 24in each child's best interest. 25 (b) In placing a child under this Act, the Department may HB1596- 44 -LRB103 25063 WGH 51398 b 1place a child with a relative if the Department determines 2that the relative will be able to adequately provide for the 3child's safety and welfare based on the factors set forth in 4the Department's rules governing relative placements, and that 5the placement is consistent with the child's best interests, 6taking into consideration the factors set out in subsection 7(4.05) of Section 1-3 of the Juvenile Court Act of 1987. 8 When the Department first assumes custody of a child, in 9placing that child under this Act, the Department shall make 10reasonable efforts to identify, locate, and provide notice to 11all adult grandparents and other adult relatives of the child 12who are ready, willing, and able to care for the child. At a 13minimum, these efforts shall be renewed each time the child 14requires a placement change and it is appropriate for the 15child to be cared for in a home environment. The Department 16must document its efforts to identify, locate, and provide 17notice to such potential relative placements and maintain the 18documentation in the child's case file. 19 If the Department determines that a placement with any 20identified relative is not in the child's best interests or 21that the relative does not meet the requirements to be a 22relative caregiver, as set forth in Department rules or by 23statute, the Department must document the basis for that 24decision and maintain the documentation in the child's case 25file. 26 If, pursuant to the Department's rules, any person files HB1596- 45 -LRB103 25063 WGH 51398 b 1an administrative appeal of the Department's decision not to 2place a child with a relative, it is the Department's burden to 3prove that the decision is consistent with the child's best 4interests. 5 When the Department determines that the child requires 6placement in an environment, other than a home environment, 7the Department shall continue to make reasonable efforts to 8identify and locate relatives to serve as visitation resources 9for the child and potential future placement resources, except 10when the Department determines that those efforts would be 11futile or inconsistent with the child's best interests. 12 If the Department determines that efforts to identify and 13locate relatives would be futile or inconsistent with the 14child's best interests, the Department shall document the 15basis of its determination and maintain the documentation in 16the child's case file. 17 If the Department determines that an individual or a group 18of relatives are inappropriate to serve as visitation 19resources or possible placement resources, the Department 20shall document the basis of its determination and maintain the 21documentation in the child's case file. 22 When the Department determines that an individual or a 23group of relatives are appropriate to serve as visitation 24resources or possible future placement resources, the 25Department shall document the basis of its determination, 26maintain the documentation in the child's case file, create a HB1596- 46 -LRB103 25063 WGH 51398 b 1visitation or transition plan, or both, and incorporate the 2visitation or transition plan, or both, into the child's case 3plan. For the purpose of this subsection, any determination as 4to the child's best interests shall include consideration of 5the factors set out in subsection (4.05) of Section 1-3 of the 6Juvenile Court Act of 1987. 7 The Department may not place a child with a relative, with 8the exception of certain circumstances which may be waived as 9defined by the Department in rules, if the results of a check 10of the Law Enforcement Agencies Data System (LEADS) identifies 11a prior criminal conviction of the relative or any adult 12member of the relative's household for any of the following 13offenses under the Criminal Code of 1961 or the Criminal Code 14of 2012: 15 (1) murder; 16 (1.1) solicitation of murder; 17 (1.2) solicitation of murder for hire; 18 (1.3) intentional homicide of an unborn child; 19 (1.4) voluntary manslaughter of an unborn child; 20 (1.5) involuntary manslaughter; 21 (1.6) reckless homicide; 22 (1.7) concealment of a homicidal death; 23 (1.8) involuntary manslaughter of an unborn child; 24 (1.9) reckless homicide of an unborn child; 25 (1.10) drug-induced homicide; 26 (2) a sex offense under Article 11, except offenses HB1596- 47 -LRB103 25063 WGH 51398 b 1 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 2 11-40, and 11-45; 3 (3) kidnapping; 4 (3.1) aggravated unlawful restraint; 5 (3.2) forcible detention; 6 (3.3) aiding and abetting child abduction; 7 (4) aggravated kidnapping; 8 (5) child abduction; 9 (6) aggravated battery of a child as described in 10 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; 11 (7) criminal sexual assault; 12 (8) aggravated criminal sexual assault; 13 (8.1) predatory criminal sexual assault of a child; 14 (9) criminal sexual abuse; 15 (10) aggravated sexual abuse; 16 (11) heinous battery as described in Section 12-4.1 or 17 subdivision (a)(2) of Section 12-3.05; 18 (12) aggravated battery with a firearm as described in 19 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 20 (e)(4) of Section 12-3.05; 21 (13) tampering with food, drugs, or cosmetics; 22 (14) drug-induced infliction of great bodily harm as 23 described in Section 12-4.7 or subdivision (g)(1) of 24 Section 12-3.05; 25 (15) aggravated stalking; 26 (16) home invasion; HB1596- 48 -LRB103 25063 WGH 51398 b 1 (17) vehicular invasion; 2 (18) criminal transmission of HIV; 3 (19) criminal abuse or neglect of an elderly person or 4 person with a disability as described in Section 12-21 or 5 subsection (b) of Section 12-4.4a; 6 (20) child abandonment; 7 (21) endangering the life or health of a child; 8 (22) ritual mutilation; 9 (23) ritualized abuse of a child; 10 (24) an offense in any other state the elements of 11 which are similar and bear a substantial relationship to 12 any of the foregoing offenses. 13 For the purpose of this subsection, "relative" shall 14include any person, 21 years of age or over, other than the 15parent, who (i) is currently related to the child in any of the 16following ways by blood or adoption: grandparent, sibling, 17great-grandparent, parent's sibling, sibling's child uncle, 18aunt, nephew, niece, first cousin, second cousin, godparent, 19or grandparent's sibling great-uncle, or great-aunt; or (ii) 20is the spouse of such a relative; or (iii) is the child's 21step-parent step-father, step-mother, or adult step-sibling 22step-brother or step-sister; or (iv) is a fictive kin; 23"relative" also includes a person related in any of the 24foregoing ways to a sibling of a child, even though the person 25is not related to the child, when the child and the child's its 26sibling are placed together with that person. For children who HB1596- 49 -LRB103 25063 WGH 51398 b 1have been in the guardianship of the Department, have been 2adopted, and are subsequently returned to the temporary 3custody or guardianship of the Department, a "relative" may 4also include any person who would have qualified as a relative 5under this paragraph prior to the adoption, but only if the 6Department determines, and documents, that it would be in the 7child's best interests to consider this person a relative, 8based upon the factors for determining best interests set 9forth in subsection (4.05) of Section 1-3 of the Juvenile 10Court Act of 1987. A relative with whom a child is placed 11pursuant to this subsection may, but is not required to, apply 12for licensure as a foster family home pursuant to the Child 13Care Act of 1969; provided, however, that as of July 1, 1995, 14foster care payments shall be made only to licensed foster 15family homes pursuant to the terms of Section 5 of this Act. 16 Notwithstanding any other provision under this subsection 17to the contrary, a fictive kin with whom a child is placed 18pursuant to this subsection shall apply for licensure as a 19foster family home pursuant to the Child Care Act of 1969 20within 6 months of the child's placement with the fictive kin. 21The Department shall not remove a child from the home of a 22fictive kin on the basis that the fictive kin fails to apply 23for licensure within 6 months of the child's placement with 24the fictive kin, or fails to meet the standard for licensure. 25All other requirements established under the rules and 26procedures of the Department concerning the placement of a HB1596- 50 -LRB103 25063 WGH 51398 b 1child, for whom the Department is legally responsible, with a 2relative shall apply. By June 1, 2015, the Department shall 3promulgate rules establishing criteria and standards for 4placement, identification, and licensure of fictive kin. 5 For purposes of this subsection, "fictive kin" means any 6individual, unrelated by birth or marriage, who: 7 (i) is shown to have significant and close personal or 8 emotional ties with the child or the child's family prior 9 to the child's placement with the individual; or 10 (ii) is the current foster parent of a child in the 11 custody or guardianship of the Department pursuant to this 12 Act and the Juvenile Court Act of 1987, if the child has 13 been placed in the home for at least one year and has 14 established a significant and family-like relationship 15 with the foster parent, and the foster parent has been 16 identified by the Department as the child's permanent 17 connection, as defined by Department rule. 18 The provisions added to this subsection (b) by Public Act 1998-846 shall become operative on and after June 1, 2015. 20 (c) In placing a child under this Act, the Department 21shall ensure that the child's health, safety, and best 22interests are met. In rejecting placement of a child with an 23identified relative, the Department shall ensure that the 24child's health, safety, and best interests are met. In 25evaluating the best interests of the child, the Department 26shall take into consideration the factors set forth in HB1596- 51 -LRB103 25063 WGH 51398 b 1subsection (4.05) of Section 1-3 of the Juvenile Court Act of 21987. 3 The Department shall consider the individual needs of the 4child and the capacity of the prospective foster or adoptive 5parents to meet the needs of the child. When a child must be 6placed outside the child's his or her home and cannot be 7immediately returned to the child's his or her parents or 8guardian, a comprehensive, individualized assessment shall be 9performed of that child at which time the needs of the child 10shall be determined. Only if race, color, or national origin 11is identified as a legitimate factor in advancing the child's 12best interests shall it be considered. Race, color, or 13national origin shall not be routinely considered in making a 14placement decision. The Department shall make special efforts 15for the diligent recruitment of potential foster and adoptive 16families that reflect the ethnic and racial diversity of the 17children for whom foster and adoptive homes are needed. 18"Special efforts" shall include contacting and working with 19community organizations and religious organizations and may 20include contracting with those organizations, utilizing local 21media and other local resources, and conducting outreach 22activities. 23 (c-1) At the time of placement, the Department shall 24consider concurrent planning, as described in subsection (l-1) 25of Section 5, so that permanency may occur at the earliest 26opportunity. Consideration should be given so that if HB1596- 52 -LRB103 25063 WGH 51398 b 1reunification fails or is delayed, the placement made is the 2best available placement to provide permanency for the child. 3To the extent that doing so is in the child's best interests as 4set forth in subsection (4.05) of Section 1-3 of the Juvenile 5Court Act of 1987, the Department should consider placements 6that will permit the child to maintain a meaningful 7relationship with the child's his or her parents. 8 (d) The Department may accept gifts, grants, offers of 9services, and other contributions to use in making special 10recruitment efforts. 11 (e) The Department in placing children in adoptive or 12foster care homes may not, in any policy or practice relating 13to the placement of children for adoption or foster care, 14discriminate against any child or prospective adoptive or 15foster parent on the basis of race. 16(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16; 1799-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff. 188-11-17.) 19 (20 ILCS 505/7.3) 20 Sec. 7.3. Placement plan. The Department shall develop and 21implement a written plan for placing children. The plan shall 22include at least the following features: 23 (1) A plan for recruiting minority adoptive and foster 24 families. The plan shall include strategies for using 25 existing resources in minority communities, use of HB1596- 53 -LRB103 25063 WGH 51398 b 1 minority outreach staff whenever possible, use of minority 2 foster homes for placements after birth and before 3 adoption, and other techniques as appropriate. 4 (2) A plan for training adoptive and foster families 5 of minority children. 6 (3) A plan for employing social workers in adoption 7 and foster care. The plan shall include staffing goals and 8 objectives. 9 (4) A plan for ensuring that adoption and foster care 10 workers attend training offered or approved by the 11 Department regarding the State's goal of encouraging 12 cultural diversity and the needs of special needs 13 children. 14 (5) A plan that includes policies and procedures for 15 determining for each child requiring placement outside of 16 the child's his or her home, and who cannot be immediately 17 returned to the child's his or her parents or guardian, 18 the placement needs of that child. In the rare instance 19 when an individualized assessment identifies, documents, 20 and substantiates that race, color, or national origin is 21 a factor that needs to be considered in advancing a 22 particular child's best interests, it shall be considered 23 in making a placement. 24(Source: P.A. 92-334, eff. 8-10-01.) 25 (20 ILCS 505/7.3a) HB1596- 54 -LRB103 25063 WGH 51398 b 1 Sec. 7.3a. Normalcy parenting for children in foster care; 2participation in childhood activities. 3 (a) Legislative findings. 4 (1) Every day parents make important decisions about 5 their child's participation in extracurricular activities. 6 Caregivers for children in out-of-home care are faced with 7 making the same decisions. 8 (2) When a caregiver makes decisions, the caregiver he 9 or she must consider applicable laws, rules, and 10 regulations to safeguard the health, safety, and best 11 interests of a child in out-of-home care. 12 (3) Participation in extracurricular activities is 13 important to a child's well-being, not only emotionally, 14 but also in developing valuable life skills. 15 (4) The General Assembly recognizes the importance of 16 making every effort to normalize the lives of children in 17 out-of-home care and to empower a caregiver to approve or 18 not approve a child's participation in appropriate 19 extracurricular activities based on the caregiver's own 20 assessment using the reasonable and prudent parent 21 standard, without prior approval of the Department, the 22 caseworker, or the court. 23 (5) Nothing in this Section shall be presumed to 24 discourage or diminish the engagement of families and 25 guardians in the child's life activities. 26 (b) Definitions. As used in this Section: HB1596- 55 -LRB103 25063 WGH 51398 b 1 "Appropriate activities" means activities or items that 2are generally accepted as suitable for children of the same 3chronological age or developmental level of maturity. 4Appropriateness is based on the development of cognitive, 5emotional, physical, and behavioral capacity that is typical 6for an age or age group, taking into account the individual 7child's cognitive, emotional, physical, and behavioral 8development. 9 "Caregiver" means a person with whom the child is placed 10in out-of-home care or a designated official for child care 11facilities licensed by the Department as defined in the Child 12Care Act of 1969. 13 "Reasonable and prudent parent standard" means the 14standard characterized by careful and sensible parental 15decisions that maintain the child's health, safety, and best 16interests while at the same time supporting the child's 17emotional and developmental growth that a caregiver shall use 18when determining whether to allow a child in out-of-home care 19to participate in extracurricular, enrichment, cultural, and 20social activities. 21 (c) Requirements for decision-making. 22 (1) Each child who comes into the care and custody of 23 the Department is fully entitled to participate in 24 appropriate extracurricular, enrichment, cultural, and 25 social activities in a manner that allows that child to 26 participate in the child's his or her community to the HB1596- 56 -LRB103 25063 WGH 51398 b 1 fullest extent possible. 2 (2) Caregivers must use the reasonable and prudent 3 parent standard in determining whether to give permission 4 for a child in out-of-home care to participate in 5 appropriate extracurricular, enrichment, cultural, and 6 social activities. Caregivers are expected to promote and 7 support a child's participation in such activities. When 8 using the reasonable and prudent parent standard, the 9 caregiver shall consider: 10 (A) the child's age, maturity, and developmental 11 level to promote the overall health, safety, and best 12 interests of the child; 13 (B) the best interest of the child based on 14 information known by the caregiver; 15 (C) the importance and fundamental value of 16 encouraging the child's emotional and developmental 17 growth gained through participation in activities in 18 the child's his or her community; 19 (D) the importance and fundamental value of 20 providing the child with the most family-like living 21 experience possible; and 22 (E) the behavioral history of the child and the 23 child's ability to safely participate in the proposed 24 activity. 25 (3) A caregiver is not liable for harm caused to a 26 child in out-of-home care who participates in an activity HB1596- 57 -LRB103 25063 WGH 51398 b 1 approved by the caregiver, provided that the caregiver has 2 acted as a reasonable and prudent parent in permitting the 3 child to engage in the activity. 4 (c-5) No youth in care shall be required to store the 5youth's his or her belongings in plastic bags or in similar 6forms of disposable containers, including, but not limited to, 7trash bags, paper or plastic shopping bags, or pillow cases 8when relocating from one placement type to another placement 9type or when discharged from the custody or guardianship of 10the Department. The Department shall ensure that each youth in 11care has appropriate baggage and other items to store the 12youth's his or her belongings when moving through the State's 13child welfare system. As used in this subsection, "purchase of 14service agency" means any entity that contracts with the 15Department to provide services that are consistent with the 16purposes of this Act. 17 (d) Rulemaking. The Department shall adopt, by rule, 18procedures no later than June 1, 2017 that promote and protect 19the ability of children to participate in appropriate 20extracurricular, enrichment, cultural, and social activities. 21 (e) The Department shall ensure that every youth in care 22who is entering the youth's his or her final year of high 23school has completed a Free Application for Federal Student 24Aid form, if applicable, or an application for State financial 25aid on or after October 1, but no later than November 1, of the 26youth's final year of high school. HB1596- 58 -LRB103 25063 WGH 51398 b 1(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; 2102-813, eff. 5-13-22.) 3 (20 ILCS 505/7.4) 4 Sec. 7.4. Development and preservation of sibling 5relationships for children in care; placement of siblings; 6contact among siblings placed apart. 7 (a) Purpose and policy. The General Assembly recognizes 8that sibling relationships are unique and essential for a 9person, but even more so for children who are removed from the 10care of their families and placed in the State child welfare 11system. When family separation occurs through State 12intervention, every effort must be made to preserve, support 13and nurture sibling relationships when doing so is in the best 14interest of each sibling. It is in the interests of foster 15children who are part of a sibling group to enjoy contact with 16one another, as long as the contact is in each child's best 17interest. This is true both while the siblings are in State 18care and after one or all of the siblings leave State care 19through adoption, guardianship, or aging out. 20 (b) Definitions. For purposes of this Section: 21 (1) Whenever a best interest determination is required 22 by this Section, the Department shall consider the factors 23 set out in subsection (4.05) of Section 1-3 of the 24 Juvenile Court Act of 1987 and the Department's rules 25 regarding Sibling Placement, 89 Ill. Adm. 111. Admin. Code HB1596- 59 -LRB103 25063 WGH 51398 b 1 301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin. 2 Code 301.220, and the Department's rules regarding 3 Placement Selection Criteria, 89 Ill. Adm. 111. Admin. 4 Code 301.60. 5 (2) "Adopted child" means a child who, immediately 6 preceding the adoption, was in the custody or guardianship 7 of the Illinois Department of Children and Family Services 8 under Article II of the Juvenile Court Act of 1987. 9 (3) "Adoptive parent" means a person who has become a 10 parent through the legal process of adoption. 11 (4) "Child" means a person in the temporary custody or 12 guardianship of the Department who is under the age of 21. 13 (5) "Child placed in private guardianship" means a 14 child who, immediately preceding the guardianship, was in 15 the custody or guardianship of the Illinois Department of 16 Children and Family Services under Article II of the 17 Juvenile Court Act. 18 (6) "Contact" may include, but is not limited to 19 visits, telephone calls, letters, sharing of photographs 20 or information, e-mails, video conferencing, and other 21 form of communication or contact. 22 (7) "Legal guardian" means a person who has become the 23 legal guardian of a child who, immediately prior to the 24 guardianship, was in the custody or guardianship of the 25 Illinois Department of Children and Family Services under 26 Article II of the Juvenile Court Act of 1987. HB1596- 60 -LRB103 25063 WGH 51398 b 1 (8) "Parent" means the child's mother or father who is 2 named as the respondent in proceedings conducted under 3 Article II of the Juvenile Court Act of 1987. 4 (9) "Post Permanency Sibling Contact" means contact 5 between siblings following the entry of a Judgment Order 6 for Adoption under Section 14 of the Adoption Act 7 regarding at least one sibling or an Order for 8 Guardianship appointing a private guardian under Section 9 2-27 or the Juvenile Court Act of 1987, regarding at least 10 one sibling. Post Permanency Sibling Contact may include, 11 but is not limited to, visits, telephone calls, letters, 12 sharing of photographs or information, emails, video 13 conferencing, and other forms form of communication or 14 connection agreed to by the parties to a Post Permanency 15 Sibling Contact Agreement. 16 (10) "Post Permanency Sibling Contact Agreement" means 17 a written agreement between the adoptive parent or 18 parents, the child, and the child's sibling regarding post 19 permanency contact between the adopted child and the 20 child's sibling, or a written agreement between the legal 21 guardians, the child, and the child's sibling regarding 22 post permanency contact between the child placed in 23 guardianship and the child's sibling. The Post Permanency 24 Sibling Contact Agreement may specify the nature and 25 frequency of contact between the adopted child or child 26 placed in guardianship and the child's sibling following HB1596- 61 -LRB103 25063 WGH 51398 b 1 the entry of the Judgment Order for Adoption or Order for 2 Private Guardianship. The Post Permanency Sibling Contact 3 Agreement may be supported by services as specified in 4 this Section. The Post Permanency Sibling Contact 5 Agreement is voluntary on the part of the parties to the 6 Post Permanency Sibling Contact Agreement and is not a 7 requirement for finalization of the child's adoption or 8 guardianship. The Post Permanency Sibling Contract 9 Agreement shall not be enforceable in any court of law or 10 administrative forum and no cause of action shall be 11 brought to enforce the Agreement. When entered into, the 12 Post Permanency Sibling Contact Agreement shall be placed 13 in the child's Post Adoption or Guardianship case record 14 and in the case file of a sibling who is a party to the 15 agreement and who remains in the Department's custody or 16 guardianship. 17 (11) "Sibling Contact Support Plan" means a written 18 document that sets forth the plan for future contact 19 between siblings who are in the Department's care and 20 custody and residing separately. The goal of the Support 21 Plan is to develop or preserve and nurture the siblings' 22 relationships. The Support Plan shall set forth the role 23 of the foster parents, caregivers, and others in 24 implementing the Support Plan. The Support Plan must meet 25 the minimum standards regarding frequency of in-person 26 visits provided for in Department rule. HB1596- 62 -LRB103 25063 WGH 51398 b 1 (12) "Siblings" means children who share at least one 2 parent in common. This definition of siblings applies 3 solely for purposes of placement and contact under this 4 Section. For purposes of this Section, children who share 5 at least one parent in common continue to be siblings 6 after their parent's parental rights are terminated, if 7 parental rights were terminated while a petition under 8 Article II of the Juvenile Court Act of 1987 was pending. 9 For purposes of this Section, children who share at least 10 one parent in common continue to be siblings after a 11 sibling is adopted or placed in private guardianship when 12 the adopted child or child placed in private guardianship 13 was in the Department's custody or guardianship under 14 Article II of the Juvenile Court Act of 1987 immediately 15 prior to the adoption or private guardianship. For 16 children who have been in the guardianship of the 17 Department under Article II of the Juvenile Court Act of 18 1987, have been adopted, and are subsequently returned to 19 the temporary custody or guardianship of the Department 20 under Article II of the Juvenile Court Act of 1987, 21 "siblings" includes a person who would have been 22 considered a sibling prior to the adoption and siblings 23 through adoption. 24 (c) No later than January 1, 2013, the Department shall 25promulgate rules addressing the development and preservation 26of sibling relationships. The rules shall address, at a HB1596- 63 -LRB103 25063 WGH 51398 b 1minimum: 2 (1) Recruitment, licensing, and support of foster 3 parents willing and capable of either fostering sibling 4 groups or supporting and being actively involved in 5 planning and executing sibling contact for siblings placed 6 apart. The rules shall address training for foster 7 parents, licensing workers, placement workers, and others 8 as deemed necessary. 9 (2) Placement selection for children who are separated 10 from their siblings and how to best promote placements of 11 children with foster parents or programs that can meet the 12 children's needs, including the need to develop and 13 maintain contact with siblings. 14 (3) State-supported guidance to siblings who have aged 15 out of state care regarding positive engagement with 16 siblings. 17 (4) Implementation of Post Permanency Sibling Contact 18 Agreements for children exiting State care, including 19 services offered by the Department to encourage and assist 20 parties in developing agreements, services offered by the 21 Department post permanency to support parties in 22 implementing and maintaining agreements, and including 23 services offered by the Department post permanency to 24 assist parties in amending agreements as necessary to meet 25 the needs of the children. 26 (5) Services offered by the Department for children HB1596- 64 -LRB103 25063 WGH 51398 b 1 who exited foster care prior to the availability of Post 2 Permanency Sibling Contact Agreements, to invite willing 3 parties to participate in a facilitated discussion, 4 including, but not limited to, a mediation or joint team 5 decision-making meeting, to explore sibling contact. 6 (d) The Department shall develop a form to be provided to 7youth entering care and exiting care explaining their rights 8and responsibilities related to sibling visitation while in 9care and post permanency. 10 (e) Whenever a child enters care or requires a new 11placement, the Department shall consider the development and 12preservation of sibling relationships. 13 (1) This subsection applies when a child entering care 14 or requiring a change of placement has siblings who are in 15 the custody or guardianship of the Department. When a 16 child enters care or requires a new placement, the 17 Department shall examine its files and other available 18 resources and determine whether a sibling of that child is 19 in the custody or guardianship of the Department. If the 20 Department determines that a sibling is in its custody or 21 guardianship, the Department shall then determine whether 22 it is in the best interests of each of the siblings for the 23 child needing placement to be placed with the sibling. If 24 the Department determines that it is in the best interest 25 of each sibling to be placed together, and the sibling's 26 foster parent is able and willing to care for the child HB1596- 65 -LRB103 25063 WGH 51398 b 1 needing placement, the Department shall place the child 2 needing placement with the sibling. A determination that 3 it is not in a child's best interest to be placed with a 4 sibling shall be made in accordance with Department rules, 5 and documented in the file of each sibling. 6 (2) This subsection applies when a child who is 7 entering care has siblings who have been adopted or placed 8 in private guardianship. When a child enters care, the 9 Department shall examine its files and other available 10 resources, including consulting with the child's parents, 11 to determine whether a sibling of the child was adopted or 12 placed in private guardianship from State care. The 13 Department shall determine, in consultation with the 14 child's parents, whether it would be in the child's best 15 interests to explore placement with the adopted sibling or 16 sibling in guardianship. Unless the parent objects, if the 17 Department determines it is in the child's best interest 18 to explore the placement, the Department shall contact the 19 adoptive parents or guardians of the sibling, determine 20 whether they are willing to be considered as placement 21 resources for the child, and, if so, determine whether it 22 is in the best interests of the child to be placed in the 23 home with the sibling. If the Department determines that 24 it is in the child's best interests to be placed in the 25 home with the sibling, and the sibling's adoptive parents 26 or guardians are willing and capable, the Department shall HB1596- 66 -LRB103 25063 WGH 51398 b 1 make the placement. A determination that it is not in a 2 child's best interest to be placed with a sibling shall be 3 made in accordance with Department rule, and documented in 4 the child's file. 5 (3) This subsection applies when a child in Department 6 custody or guardianship requires a change of placement, 7 and the child has siblings who have been adopted or placed 8 in private guardianship. When a child in care requires a 9 new placement, the Department may consider placing the 10 child with the adoptive parent or guardian of a sibling 11 under the same procedures and standards set forth in 12 paragraph (2) of this subsection. 13 (4) When the Department determines it is not in the 14 best interest of one or more siblings to be placed 15 together the Department shall ensure that the child 16 requiring placement is placed in a home or program where 17 the caregiver is willing and able to be actively involved 18 in supporting the sibling relationship to the extent doing 19 so is in the child's best interest. 20 (f) When siblings in care are placed in separate 21placements, the Department shall develop a Sibling Contact 22Support Plan. The Department shall convene a meeting to 23develop the Support Plan. The meeting shall include, at a 24minimum, the case managers for the siblings, the foster 25parents or other care providers if a child is in a non-foster 26home placement and the child, when developmentally and HB1596- 67 -LRB103 25063 WGH 51398 b 1clinically appropriate. The Department shall make all 2reasonable efforts to promote the participation of the foster 3parents. Parents whose parental rights are intact shall be 4invited to the meeting. Others, such as therapists and 5mentors, shall be invited as appropriate. The Support Plan 6shall set forth future contact and visits between the siblings 7to develop or preserve, and nurture the siblings' 8relationships. The Support Plan shall set forth the role of 9the foster parents and caregivers and others in implementing 10the Support Plan. The Support Plan must meet the minimum 11standards regarding frequency of in-person visits provided for 12in Department rule. The Support Plan will be incorporated in 13the child's service plan and reviewed at each administrative 14case review. The Support Plan should be modified if one of the 15children moves to a new placement, or as necessary to meet the 16needs of the children. The Sibling Contact Support Plan for a 17child in care may include siblings who are not in the care of 18the Department, with the consent and participation of that 19child's parent or guardian. 20 (g) By January 1, 2013, the Department shall develop a 21registry so that placement information regarding adopted 22siblings and siblings in private guardianship is readily 23available to Department and private agency caseworkers 24responsible for placing children in the Department's care. 25When a child is adopted or placed in private guardianship from 26foster care the Department shall inform the adoptive parents HB1596- 68 -LRB103 25063 WGH 51398 b 1or guardians that they may be contacted in the future 2regarding placement of or contact with siblings subsequently 3requiring placement. 4 (h) When a child is in need of an adoptive placement, the 5Department shall examine its files and other available 6resources and attempt to determine whether a sibling of the 7child has been adopted or placed in private guardianship after 8being in the Department's custody or guardianship. If the 9Department determines that a sibling of the child has been 10adopted or placed in private guardianship, the Department 11shall make a good faith effort to locate the adoptive parents 12or guardians of the sibling and inform them of the 13availability of the child for adoption. The Department may 14determine not to inform the adoptive parents or guardians of a 15sibling of a child that the child is available for adoption 16only for a reason permitted under criteria adopted by the 17Department by rule, and documented in the child's case file. 18If a child available for adoption has a sibling who has been 19adopted or placed in guardianship, and the adoptive parents or 20guardians of that sibling apply to adopt the child, the 21Department shall consider them as adoptive applicants for the 22adoption of the child. The Department's final decision as to 23whether it will consent to the adoptive parents or guardians 24of a sibling being the adoptive parents of the child shall be 25based upon the welfare and best interest of the child. In 26arriving at its decision, the Department shall consider all HB1596- 69 -LRB103 25063 WGH 51398 b 1relevant factors, including, but not limited to: 2 (1) the wishes of the child; 3 (2) the interaction and interrelationship of the child 4 with the applicant to adopt the child; 5 (3) the child's need for stability and continuity of 6 relationship with parent figures; 7 (4) the child's adjustment to the child's his or her 8 present home, school, and community; 9 (5) the mental and physical health of all individuals 10 involved; 11 (6) the family ties between the child and the child's 12 relatives, including siblings; 13 (7) the background, age, and living arrangements of 14 the applicant to adopt the child; 15 (8) a criminal background report of the applicant to 16 adopt the child. 17 If placement of the child available for adoption with the 18adopted sibling or sibling in private guardianship is not 19feasible, but it is in the child's best interest to develop a 20relationship with the child's his or her sibling, the 21Department shall invite the adoptive parents, guardian, or 22guardians for a mediation or joint team decision-making 23meeting to facilitate a discussion regarding future sibling 24contact. 25 (i) Post Permanency Sibling Contact Agreement. When a 26child in the Department's care has a permanency goal of HB1596- 70 -LRB103 25063 WGH 51398 b 1adoption or private guardianship, and the Department is 2preparing to finalize the adoption or guardianship, the 3Department shall convene a meeting with the pre-adoptive 4parent or prospective guardian and the case manager for the 5child being adopted or placed in guardianship and the foster 6parents and case managers for the child's siblings, and others 7as applicable. The children should participate as is 8developmentally appropriate. Others, such as therapists and 9mentors, may participate as appropriate. At the meeting the 10Department shall encourage the parties to discuss sibling 11contact post permanency. The Department may assist the parties 12in drafting a Post Permanency Sibling Contact Agreement. 13 (1) Parties to the Post Permanency Sibling Contact 14 Agreement shall include: 15 (A) The adoptive parent or parents or guardian. 16 (B) The child's sibling or siblings, parents or 17 guardians. 18 (C) The child. 19 (2) Consent of child 14 and over. The written consent 20 of a child age 14 and over to the terms and conditions of 21 the Post Permanency Sibling Contact Agreement and 22 subsequent modifications is required. 23 (3) In developing this Agreement, the Department shall 24 encourage the parties to consider the following factors: 25 (A) the physical and emotional safety and welfare 26 of the child; HB1596- 71 -LRB103 25063 WGH 51398 b 1 (B) the child's wishes; 2 (C) the interaction and interrelationship of the 3 child with the child's sibling or siblings who would 4 be visiting or communicating with the child, 5 including: 6 (i) the quality of the relationship between 7 the child and the sibling or siblings, and 8 (ii) the benefits and potential harms to the 9 child in allowing the relationship or 10 relationships to continue or in ending them; 11 (D) the child's sense of attachments to the birth 12 sibling or siblings and adoptive family, including: 13 (i) the child's sense of being valued; 14 (ii) the child's sense of familiarity; and 15 (iii) continuity of affection for the child; 16 and 17 (E) other factors relevant to the best interest of 18 the child. 19 (4) In considering the factors in paragraph (3) of 20 this subsection, the Department shall encourage the 21 parties to recognize the importance to a child of 22 developing a relationship with siblings including siblings 23 with whom the child does not yet have a relationship; and 24 the value of preserving family ties between the child and 25 the child's siblings, including: 26 (A) the child's need for stability and continuity HB1596- 72 -LRB103 25063 WGH 51398 b 1 of relationships with siblings, and 2 (B) the importance of sibling contact in the 3 development of the child's identity. 4 (5) Modification or termination of Post Permanency 5 Sibling Contact Agreement. The parties to the agreement 6 may modify or terminate the Post Permanency Sibling 7 Contact Agreement. If the parties cannot agree to 8 modification or termination, they may request the 9 assistance of the Department of Children and Family 10 Services or another agency identified and agreed upon by 11 the parties to the Post Permanency Sibling Contact 12 Agreement. Any and all terms may be modified by agreement 13 of the parties. Post Permanency Sibling Contact Agreements 14 may also be modified to include contact with siblings 15 whose whereabouts were unknown or who had not yet been 16 born when the Judgment Order for Adoption or Order for 17 Private Guardianship was entered. 18 (6) Adoptions and private guardianships finalized 19 prior to the effective date of amendatory Act. Nothing in 20 this Section prohibits the parties from entering into a 21 Post Permanency Sibling Contact Agreement if the adoption 22 or private guardianship was finalized prior to the 23 effective date of this Section. If the Agreement is 24 completed and signed by the parties, the Department shall 25 include the Post Permanency Sibling Contact Agreement in 26 the child's Post Adoption or Private Guardianship case HB1596- 73 -LRB103 25063 WGH 51398 b 1 record and in the case file of siblings who are parties to 2 the agreement who are in the Department's custody or 3 guardianship. 4(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13; 5revised 2-28-22.) 6 (20 ILCS 505/7.5) 7 (Text of Section before amendment by P.A. 102-825) 8 Sec. 7.5. Notice of post-adoption reunion services. 9 (a) For purposes of this Section, "post-adoption reunion 10services" means services provided by the Department to 11facilitate contact between adoptees and their siblings when 12one or more is still in the Department's care or adopted 13elsewhere, with the notarized consent of the adoptive parents 14of a minor child, when such contact has been established to be 15necessary to the adoptee's best interests and when all 16involved parties, including the adoptive parent of a child 17under 21 years of age, have provided written consent for such 18contact. 19 (b) The Department shall provide to all adoptive parents 20of children receiving monthly adoption assistance under 21subsection (j) of Section 5 of this Act a notice that includes 22a description of the Department's post-adoption reunion 23services and an explanation of how to access those services. 24The notice to adoptive parents shall be provided at least once 25per year until such time as the adoption assistance payments HB1596- 74 -LRB103 25063 WGH 51398 b 1cease. 2 The Department shall also provide to all youth in care, 3within 30 days after their 18th birthday, the notice described 4in this Section. 5 (c) The Department shall adopt a rule regarding the 6provision of search and reunion services to youth in care and 7former youth in care. 8(Source: P.A. 100-159, eff. 8-18-17.) 9 (Text of Section after amendment by P.A. 102-825) 10 Sec. 7.5. Search and reunion services for youth in care 11and former youth in care. 12 (a) For purposes of this Section, "search and reunion 13services" means: 14 (1) services provided by the Department to facilitate 15 contact between adoptees and their siblings when one or 16 more is still in the Department's care or adopted 17 elsewhere, with the notarized consent of the adoptive 18 parents of a minor child, when such contact has been 19 established to be necessary to the adoptee's best 20 interests and when all involved parties, including the 21 adoptive parent of a former youth in care under 18 years of 22 age, have provided written consent for such contact; 23 (2) services provided by the Department to facilitate 24 contact between current or former youth in care, over the 25 age of 18, including, but not limited to, youth who were HB1596- 75 -LRB103 25063 WGH 51398 b 1 adopted, to facilitate contact with siblings, birth 2 biological relatives, former foster parents, or former 3 foster siblings. 4 (b) The Department shall provide to all adoptive parents 5of children receiving monthly adoption assistance under 6subsection (j) of Section 5 of this Act a notice that includes 7a description of the Department's post-adoption reunion 8services and an explanation of how to access those services. 9The notice to adoptive parents shall be provided at least once 10per year until such time as the adoption assistance payments 11cease. 12 (b-5) The Department shall provide a notice that includes 13a description of the Department's search and reunion services 14and an explanation of how to access those services to each 15person who is a youth in care within 30 days after the youth's 1618th birthday and within 30 days prior to closure of the 17youth's case pending under Article II of the Juvenile Court 18Act of 1987 if the case is closing after the youth's 18th 19birthday. The Department shall work with organizations, such 20as the Foster Care Alumni of America Illinois Chapter, that 21have contact with foster care alumni, to distribute 22information about the Department's search and reunion 23services. 24 (c) The Department shall adopt a rule regarding the 25provision of search and reunion services to youth in care and 26former youth in care. HB1596- 76 -LRB103 25063 WGH 51398 b 1(Source: P.A. 102-825, eff. 7-1-23.) 2 (20 ILCS 505/7.8) 3 Sec. 7.8. Home safety checklist; aftercare services; 4immunization checks. 5 (a) As used in this Section, "purchase of service agency" 6means any entity that contracts with the Department to provide 7services that are consistent with the purposes of this Act. 8 (b) Whenever a child is placed in the custody or 9guardianship of the Department or a child is returned to the 10custody of a parent or guardian and the court retains 11jurisdiction of the case, the Department must ensure that the 12child is up to date on the child's his or her well-child 13visits, including age-appropriate immunizations, or that there 14is a documented religious or medical reason the child did not 15receive the immunizations. 16 (c) Whenever a child has been placed in foster or 17substitute care by court order and the court later determines 18that the child can return to the custody of the child's his or 19her parent or guardian, the Department must complete, prior to 20the child's discharge from foster or substitute care, a home 21safety checklist to ensure that the conditions of the child's 22home are sufficient to ensure the child's safety and 23well-being, as defined in Department rules and procedures. At 24a minimum, the home safety checklist shall be completed within 2524 hours prior to the child's return home and completed again HB1596- 77 -LRB103 25063 WGH 51398 b 1or recertified in the absence of any environmental barriers or 2hazards within 5 working days after a child is returned home 3and every month thereafter until the child's case is closed 4pursuant to the Juvenile Court Act of 1987. The home safety 5checklist shall include a certification that there are no 6environmental barriers or hazards to prevent returning the 7child home. 8 (d) When a court determines that a child should return to 9the custody or guardianship of a parent or guardian, any 10aftercare services provided to the child and the child's 11family by the Department or a purchase of service agency shall 12commence on the date upon which the child is returned to the 13custody or guardianship of the child's his or her parent or 14guardian. If children are returned to the custody of a parent 15at different times, the Department or purchase of service 16agency shall provide a minimum of 6 months of aftercare 17services to each child commencing on the date each individual 18child is returned home. 19 (e) One year after the effective date of this amendatory 20Act of the 101st General Assembly, the Auditor General shall 21commence a performance audit of the Department of Children and 22Family Services to determine whether the Department is meeting 23the requirements of this Section. Within 2 years after the 24audit's release, the Auditor General shall commence a 25follow-up performance audit to determine whether the 26Department has implemented the recommendations contained in HB1596- 78 -LRB103 25063 WGH 51398 b 1the initial performance audit. Upon completion of each audit, 2the Auditor General shall report its findings to the General 3Assembly. The Auditor General's reports shall include any 4issues or deficiencies and recommendations. The audits 5required by this Section shall be in accordance with and 6subject to the Illinois State Auditing Act. 7(Source: P.A. 101-237, eff. 1-1-20.) 8 (20 ILCS 505/8) (from Ch. 23, par. 5008) 9 Sec. 8. Scholarships and fee waivers; tuition waiver. 10 (a) Each year the Department shall select a minimum of 53 11students (at least 4 of whom shall be children of veterans) to 12receive scholarships and fee waivers which will enable them to 13attend and complete their post-secondary education at a 14community college, university, or college. Youth shall be 15selected from among the youth for whom the Department has 16court-ordered legal responsibility, youth who aged out of care 17at age 18 or older, or youth formerly under care who have been 18adopted or who have been placed in private guardianship. 19Recipients must have earned a high school diploma from an 20accredited institution or a State of Illinois High School 21Diploma or diploma or have met the State criteria for high 22school graduation before the start of the school year for 23which they are applying for the scholarship and waiver. 24Scholarships and fee waivers shall be available to students 25for at least 5 years, provided they are continuing to work HB1596- 79 -LRB103 25063 WGH 51398 b 1toward graduation. Unused scholarship dollars and fee waivers 2shall be reallocated to new recipients. No later than January 31, 2015, the Department shall promulgate rules identifying the 4criteria for "continuing to work toward graduation" and for 5reallocating unused scholarships and fee waivers. Selection 6shall be made on the basis of several factors, including, but 7not limited to, scholastic record, aptitude, and general 8interest in higher education. The selection committee shall 9include at least 2 individuals formerly under the care of the 10Department who have completed their post-secondary education. 11In accordance with this Act, tuition scholarships and fee 12waivers shall be available to such students at any university 13or college maintained by the State of Illinois. The Department 14shall provide maintenance and school expenses, except tuition 15and fees, during the academic years to supplement the 16students' earnings or other resources so long as they 17consistently maintain scholastic records which are acceptable 18to their schools and to the Department. Students may attend 19other colleges and universities, if scholarships are awarded 20to them, and receive the same benefits for maintenance and 21other expenses as those students attending any Illinois State 22community college, university, or college under this Section. 23Beginning with recipients receiving scholarships and waivers 24in August 2014, the Department shall collect data and report 25annually to the General Assembly on measures of success, 26including (i) the number of youth applying for and receiving HB1596- 80 -LRB103 25063 WGH 51398 b 1scholarships or waivers, (ii) the percentage of scholarship or 2waiver recipients who complete their college or university 3degree within 5 years, (iii) the average length of time it 4takes for scholarship or waiver recipients to complete their 5college or university degree, (iv) the reasons that 6scholarship or waiver recipients are discharged or fail to 7complete their college or university degree, (v) when 8available, youths' outcomes 5 years and 10 years after being 9awarded the scholarships or waivers, and (vi) budget 10allocations for maintenance and school expenses incurred by 11the Department. 12 (b) Youth shall receive a tuition and fee waiver to assist 13them in attending and completing their post-secondary 14education at any community college, university, or college 15maintained by the State of Illinois if they are youth for whom 16the Department has court-ordered legal responsibility, youth 17who aged out of care at age 18 or older, or youth formerly 18under care who have been adopted and were the subject of an 19adoption assistance agreement or who have been placed in 20private guardianship and were the subject of a subsidized 21guardianship agreement. 22 To receive a waiver under this subsection, an applicant 23must: 24 (1) have earned a high school diploma from an 25 accredited institution or a State of Illinois High School 26 Diploma or have met the State criteria for high school HB1596- 81 -LRB103 25063 WGH 51398 b 1 graduation before the start of the school year for which 2 the applicant is applying for the waiver; 3 (2) enroll in a qualifying post-secondary education 4 before the applicant reaches the age of 26; and 5 (3) apply for federal and State grant assistance by 6 completing the Free Application for Federal Student Aid. 7 The community college or public university that an 8applicant attends must waive any tuition and fee amounts that 9exceed the amounts paid to the applicant under the federal 10Pell Grant Program or the State's Monetary Award Program. 11 Tuition and fee waivers shall be available to a student 12for at least the first 5 years the student is enrolled in a 13community college, university, or college maintained by the 14State of Illinois so long as the student makes satisfactory 15progress toward completing the student's his or her degree. 16The age requirement and 5-year cap on tuition and fee waivers 17under this subsection shall be waived and eligibility for 18tuition and fee waivers shall be extended for any applicant or 19student who the Department determines was unable to enroll in 20a qualifying post-secondary school or complete an academic 21term because the applicant or student: (i) was called into 22active duty with the United States Armed Forces; (ii) was 23deployed for service in the United States Public Health 24Service Commissioned Corps; or (iii) volunteered in the Peace 25Corps or the AmeriCorps. The Department shall extend 26eligibility for a qualifying applicant or student by the total HB1596- 82 -LRB103 25063 WGH 51398 b 1number of months or years during which the applicant or 2student served on active duty with the United States Armed 3Forces, was deployed for service in the United States Public 4Health Service Commissioned Corps, or volunteered in the Peace 5Corps or the AmeriCorps. The number of months an applicant or 6student served on active duty with the United States Armed 7Forces shall be rounded up to the next higher year to determine 8the maximum length of time to extend eligibility for the 9applicant or student. 10 The Department may provide the student with a stipend to 11cover maintenance and school expenses, except tuition and 12fees, during the academic years to supplement the student's 13earnings or other resources so long as the student 14consistently maintains scholastic records which are acceptable 15to the student's school and to the Department. 16 The Department shall develop outreach programs to ensure 17that youths who qualify for the tuition and fee waivers under 18this subsection who are high school students in grades 9 19through 12 or who are enrolled in a high school equivalency 20testing program are aware of the availability of the tuition 21and fee waivers. 22 (c) Subject to appropriation, the Department shall provide 23eligible youth an apprenticeship stipend to cover those costs 24associated with entering and sustaining through completion an 25apprenticeship, including, but not limited to fees, tuition 26for classes, work clothes, rain gear, boots, and HB1596- 83 -LRB103 25063 WGH 51398 b 1occupation-specific tools. The following youth may be eligible 2for the apprenticeship stipend provided under this subsection: 3youth for whom the Department has court-ordered legal 4responsibility; youth who aged out of care at age 18 or older; 5or youth formerly under care who have been adopted and were the 6subject of an adoption assistance agreement or who have been 7placed in private guardianship and were the subject of a 8subsidized guardianship agreement. 9 To receive a stipend under this subsection, an applicant 10must: 11 (1) be enrolled in an apprenticeship training program 12 approved or recognized by the Illinois Department of 13 Employment Security or an apprenticeship program approved 14 by the United States Department of Labor; 15 (2) not be a recipient of a scholarship or fee waiver 16 under subsection (a) or (b); and 17 (3) be under the age of 26 before enrolling in a 18 qualified apprenticeship program. 19 Apprenticeship stipends shall be available to an eligible 20youth for a maximum of 5 years after the youth enrolls in a 21qualifying apprenticeship program so long as the youth makes 22satisfactory progress toward completing the youth's his or her 23apprenticeship. The age requirement and 5-year cap on the 24apprenticeship stipend provided under this subsection shall be 25extended for any applicant who the Department determines was 26unable to enroll in a qualifying apprenticeship program HB1596- 84 -LRB103 25063 WGH 51398 b 1because the applicant: (i) was called into active duty with 2the United States Armed Forces; (ii) was deployed for service 3in the United States Public Health Service Commissioned Corps; 4or (iii) volunteered in the Peace Corps or the AmeriCorps. The 5Department shall extend eligibility for a qualifying applicant 6by the total number of months or years during which the 7applicant served on active duty with the United States Armed 8Forces, was deployed for service in the United States Public 9Health Service Commissioned Corps, or volunteered in the Peace 10Corps or the AmeriCorps. The number of months an applicant 11served on active duty with the United States Armed Forces 12shall be rounded up to the next higher year to determine the 13maximum length of time to extend eligibility for the 14applicant. 15 The Department shall develop outreach programs to ensure 16that youths who qualify for the apprenticeship stipends under 17this subsection who are high school students in grades 9 18through 12 or who are enrolled in a high school equivalency 19testing program are aware of the availability of the 20apprenticeship stipend. 21(Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23; 22revised 12-8-22.) 23 (20 ILCS 505/8a) (from Ch. 23, par. 5008a) 24 Sec. 8a. No otherwise qualified child with a disability 25receiving special education and related services under Article HB1596- 85 -LRB103 25063 WGH 51398 b 114 of The School Code shall solely by reason of the child's his 2or her disability be excluded from the participation in or be 3denied the benefits of or be subjected to discrimination under 4any program or activity provided by the Department. 5 The Department, or its authorized agent, shall ensure that 6a copy of a student's then current individualized education 7program (IEP) is provided to the school district in which the 8student is newly placed by the Department. Upon receipt of the 9IEP, the new school district shall review it and place the 10student in a special education program in accordance with that 11described in the IEP. The Department shall consult with the 12State Board of Education in the development of necessary rules 13and regulations to implement this provision. 14(Source: P.A. 87-372.) 15 (20 ILCS 505/8b) (from Ch. 23, par. 5008b) 16 Sec. 8b. No homeless person eligible to receive benefits 17or services from the Department shall, by reason of the 18homeless person's his or her status as a homeless person, be 19excluded from participation in, be denied benefits under or be 20subjected to discrimination under any program or activity 21provided by the Department. 22(Source: P.A. 84-1277.) 23 (20 ILCS 505/9.3) (from Ch. 23, par. 5009.3) 24 Sec. 9.3. Declarations by Parents and Guardians. HB1596- 86 -LRB103 25063 WGH 51398 b 1Information requested of parents and guardians shall be 2submitted on forms or questionnaires prescribed by the 3Department or units of local government as the case may be and 4shall contain a written declaration to be signed by the parent 5or guardian in substantially the following form: 6 "I declare under penalties of perjury that I have examined 7this form or questionnaire and all accompanying statements or 8documents pertaining to my income, or any other matter having 9bearing upon my status and ability to provide payment for care 10and training of my child, and to the best of my knowledge and 11belief the information supplied is true, correct, and 12complete". 13 A person who makes and subscribes a form or questionnaire 14which contains, as herein above provided, a written 15declaration that it is made under the penalties of perjury, 16knowing it to be false, incorrect or incomplete, in respect to 17any material statement or representative bearing upon the 18parent's or guardian's his status as a parent or guardian, or 19upon the parent's or guardian's his income, resources, or 20other matter concerning the parent's or guardian's his ability 21to provide parental payment, shall be subject to the penalties 22for perjury provided for in Section 32-2 of the Criminal Code 23of 2012. 24 Parents who refuse to provide such information after three 25written requests from the Department will be liable for the 26full cost of care provided, from the commencement of such care HB1596- 87 -LRB103 25063 WGH 51398 b 1until the required information is received. 2(Source: P.A. 97-1150, eff. 1-25-13.) 3 (20 ILCS 505/9.5) (from Ch. 23, par. 5009.5) 4 Sec. 9.5. Notice of Parental Payments Due. When the 5Department has determined that a parent or guardian is liable 6for payment for care and support of the parent's or guardian's 7his children, the parent or guardian shall be notified by 8mailing the parent or guardian him a copy of the determination 9by mail, advising the parent or guardian him of the parent's or 10guardian's his legal obligation to make payments for such 11period or periods of time, definite in duration or indefinite, 12as the circumstances required. The notice shall direct payment 13as provided in Section 9.6. 14 Within 30 days after receipt of a payment notice, the 15parents may appeal the assessment amount if the data used in 16determining the amount is inaccurate or incomplete. Parents 17may also appeal the assessment at any time on the basis of 18changes in their circumstances which render inaccurate 19information on which the assessment is based. If the changes 20requested in a parental appeal are granted, the Department may 21modify its assessment retroactively to the appropriate date 22and adjust any amount in arrears accordingly. 23(Source: P.A. 83-1037.) 24 (20 ILCS 505/17) (from Ch. 23, par. 5017) HB1596- 88 -LRB103 25063 WGH 51398 b 1 Sec. 17. Youth and Community Services Program. The 2Department of Human Services shall develop a State program for 3youth and community services which will assure that youth who 4come into contact or may come into contact with the child 5welfare and the juvenile justice systems will have access to 6needed community, prevention, diversion, emergency and 7independent living services. The term "youth" means a person 8under the age of 19 years. The term "homeless youth" means a 9youth who cannot be reunited with the youth's his or her family 10and is not in a safe and stable living situation. This Section 11shall not be construed to require the Department of Human 12Services to provide services under this Section to any 13homeless youth who is at least 18 years of age but is younger 14than 19 years of age; however, the Department may, in its 15discretion, provide services under this Section to any such 16homeless youth. 17 (a) The goals of the program shall be to: 18 (1) maintain children and youths in their own 19 community; 20 (2) eliminate unnecessary categorical funding of 21 programs by funding more comprehensive and integrated 22 programs; 23 (3) encourage local volunteers and voluntary 24 associations in developing programs aimed at preventing 25 and controlling juvenile delinquency; 26 (4) address voids in services and close service gaps; HB1596- 89 -LRB103 25063 WGH 51398 b 1 (5) develop program models aimed at strengthening the 2 relationships between youth and their families and aimed 3 at developing healthy, independent lives for homeless 4 youth; 5 (6) contain costs by redirecting funding to more 6 comprehensive and integrated community-based services; and 7 (7) coordinate education, employment, training and 8 other programs for youths with other State agencies. 9 (b) The duties of the Department under the program shall 10be to: 11 (1) design models for service delivery by local 12 communities; 13 (2) test alternative systems for delivering youth 14 services; 15 (3) develop standards necessary to achieve and 16 maintain, on a statewide basis, more comprehensive and 17 integrated community-based youth services; 18 (4) monitor and provide technical assistance to local 19 boards and local service systems; 20 (5) assist local organizations in developing programs 21 which address the problems of youths and their families 22 through direct services, advocacy with institutions, and 23 improvement of local conditions; and 24 (6) develop a statewide adoption awareness campaign 25 aimed at pregnant teenagers. 26(Source: P.A. 89-507, eff. 7-1-97.) HB1596- 90 -LRB103 25063 WGH 51398 b 1 (20 ILCS 505/21) (from Ch. 23, par. 5021) 2 Sec. 21. Investigative powers; training. 3 (a) To make such investigations as it may deem necessary 4to the performance of its duties. 5 (b) In the course of any such investigation any qualified 6person authorized by the Director may administer oaths and 7secure by its subpoena both the attendance and testimony of 8witnesses and the production of books and papers relevant to 9such investigation. Any person who is served with a subpoena 10by the Department to appear and testify or to produce books and 11papers, in the course of an investigation authorized by law, 12and who refuses or neglects to appear, or to testify, or to 13produce books and papers relevant to such investigation, as 14commanded in such subpoena, shall be guilty of a Class B 15misdemeanor. The fees of witnesses for attendance and travel 16shall be the same as the fees of witnesses before the circuit 17courts of this State. Any circuit court of this State, upon 18application of the person requesting the hearing or the 19Department, may compel the attendance of witnesses, the 20production of books and papers, and giving of testimony before 21the Department or before any authorized officer or employee 22thereof, by an attachment for contempt or otherwise, in the 23same manner as production of evidence may be compelled before 24such court. Every person who, having taken an oath or made 25affirmation before the Department or any authorized officer or HB1596- 91 -LRB103 25063 WGH 51398 b 1employee thereof, shall willfully swear or affirm falsely, 2shall be guilty of perjury and upon conviction shall be 3punished accordingly. 4 (c) Investigations initiated under this Section shall 5provide individuals due process of law, including the right to 6a hearing, to cross-examine witnesses, to obtain relevant 7documents, and to present evidence. Administrative findings 8shall be subject to the provisions of the Administrative 9Review Law. 10 (d) Beginning July 1, 1988, any child protective 11investigator or supervisor or child welfare specialist or 12supervisor employed by the Department on the effective date of 13this amendatory Act of 1987 shall have completed a training 14program which shall be instituted by the Department. The 15training program shall include, but not be limited to, the 16following: (1) training in the detection of symptoms of child 17neglect and drug abuse; (2) specialized training for dealing 18with families and children of drug abusers; and (3) specific 19training in child development, family dynamics and interview 20techniques. Such program shall conform to the criteria and 21curriculum developed under Section 4 of the Child Protective 22Investigator and Child Welfare Specialist Certification Act of 231987. Failure to complete such training due to lack of 24opportunity provided by the Department shall in no way be 25grounds for any disciplinary or other action against an 26investigator or a specialist. HB1596- 92 -LRB103 25063 WGH 51398 b 1 The Department shall develop a continuous inservice staff 2development program and evaluation system. Each child 3protective investigator and supervisor and child welfare 4specialist and supervisor shall participate in such program 5and evaluation and shall complete a minimum of 20 hours of 6inservice education and training every 2 years in order to 7maintain certification. 8 Any child protective investigator or child protective 9supervisor, or child welfare specialist or child welfare 10specialist supervisor hired by the Department who begins his 11actual employment after the effective date of this amendatory 12Act of 1987, shall be certified pursuant to the Child 13Protective Investigator and Child Welfare Specialist 14Certification Act of 1987 before beginning he begins such 15employment. Nothing in this Act shall replace or diminish the 16rights of employees under the Illinois Public Labor Relations 17Act, as amended, or the National Labor Relations Act. In the 18event of any conflict between either of those Acts, or any 19collective bargaining agreement negotiated thereunder, and the 20provisions of subsections (d) and (e), the former shall 21prevail and control. 22 (e) The Department shall develop and implement the 23following: 24 (1) A standardized child endangerment risk assessment 25 protocol. 26 (2) Related training procedures. HB1596- 93 -LRB103 25063 WGH 51398 b 1 (3) A standardized method for demonstration of 2 proficiency in application of the protocol. 3 (4) An evaluation of the reliability and validity of 4 the protocol. 5All child protective investigators and supervisors and child 6welfare specialists and supervisors employed by the Department 7or its contractors shall be required, subsequent to the 8availability of training under this Act, to demonstrate 9proficiency in application of the protocol previous to being 10permitted to make decisions about the degree of risk posed to 11children for whom they are responsible. The Department shall 12establish a multi-disciplinary advisory committee appointed by 13the Director, including but not limited to representatives 14from the fields of child development, domestic violence, 15family systems, juvenile justice, law enforcement, health 16care, mental health, substance abuse, and social service to 17advise the Department and its related contractors in the 18development and implementation of the child endangerment risk 19assessment protocol, related training, method for 20demonstration of proficiency in application of the protocol, 21and evaluation of the reliability and validity of the 22protocol. The Department shall develop the protocol, training 23curriculum, method for demonstration of proficiency in 24application of the protocol and method for evaluation of the 25reliability and validity of the protocol by July 1, 1995. 26Training and demonstration of proficiency in application of HB1596- 94 -LRB103 25063 WGH 51398 b 1the child endangerment risk assessment protocol for all child 2protective investigators and supervisors and child welfare 3specialists and supervisors shall be completed as soon as 4practicable, but no later than January 1, 1996. The Department 5shall submit to the General Assembly on or before May 1, 1996, 6and every year thereafter, an annual report on the evaluation 7of the reliability and validity of the child endangerment risk 8assessment protocol. The Department shall contract with a not 9for profit organization with demonstrated expertise in the 10field of child endangerment risk assessment to assist in the 11development and implementation of the child endangerment risk 12assessment protocol, related training, method for 13demonstration of proficiency in application of the protocol, 14and evaluation of the reliability and validity of the 15protocol. 16 (f) The Department shall provide each parent or guardian 17and responsible adult caregiver participating in a safety plan 18a copy of the written safety plan as signed by each parent or 19guardian and responsible adult caregiver and by a 20representative of the Department. The Department shall also 21provide each parent or guardian and responsible adult 22caregiver safety plan information on their rights and 23responsibilities that shall include, but need not be limited 24to, information on how to obtain medical care, emergency phone 25numbers, and information on how to notify schools or day care 26providers as appropriate. The Department's representative HB1596- 95 -LRB103 25063 WGH 51398 b 1shall ensure that the safety plan is reviewed and approved by 2the child protection supervisor. 3(Source: P.A. 98-830, eff. 1-1-15.) 4 (20 ILCS 505/35.5) 5 Sec. 35.5. Inspector General. 6 (a) The Governor shall appoint, and the Senate shall 7confirm, an Inspector General who shall have the authority to 8conduct investigations into allegations of or incidents of 9possible misconduct, misfeasance, malfeasance, or violations 10of rules, procedures, or laws by any employee, foster parent, 11service provider, or contractor of the Department of Children 12and Family Services, except for allegations of violations of 13the State Officials and Employees Ethics Act which shall be 14referred to the Office of the Governor's Executive Inspector 15General for investigation. The Inspector General shall make 16recommendations to the Director of Children and Family 17Services concerning sanctions or disciplinary actions against 18Department employees or providers of service under contract to 19the Department. The Director of Children and Family Services 20shall provide the Inspector General with an implementation 21report on the status of any corrective actions taken on 22recommendations under review and shall continue sending 23updated reports until the corrective action is completed. The 24Director shall provide a written response to the Inspector 25General indicating the status of any sanctions or disciplinary HB1596- 96 -LRB103 25063 WGH 51398 b 1actions against employees or providers of service involving 2any investigation subject to review. In any case, information 3included in the reports to the Inspector General and 4Department responses shall be subject to the public disclosure 5requirements of the Abused and Neglected Child Reporting Act. 6Any investigation conducted by the Inspector General shall be 7independent and separate from the investigation mandated by 8the Abused and Neglected Child Reporting Act. The Inspector 9General shall be appointed for a term of 4 years. The Inspector 10General shall function independently within the Department of 11Children and Family Services with respect to the operations of 12the Office of Inspector General, including the performance of 13investigations and issuance of findings and recommendations, 14and shall report to the Director of Children and Family 15Services and the Governor and perform other duties the 16Director may designate. The Inspector General shall adopt 17rules as necessary to carry out the functions, purposes, and 18duties of the office of Inspector General in the Department of 19Children and Family Services, in accordance with the Illinois 20Administrative Procedure Act and any other applicable law. 21 (b) The Inspector General shall have access to all 22information and personnel necessary to perform the duties of 23the office. To minimize duplication of efforts, and to assure 24consistency and conformance with the requirements and 25procedures established in the B.H. v. Suter consent decree and 26to share resources when appropriate, the Inspector General HB1596- 97 -LRB103 25063 WGH 51398 b 1shall coordinate the Inspector General's his or her activities 2with the Bureau of Quality Assurance within the Department. 3 (c) The Inspector General shall be the primary liaison 4between the Department and the Illinois State Police with 5regard to investigations conducted under the Inspector 6General's auspices. If the Inspector General determines that a 7possible criminal act has been committed, or that special 8expertise is required in the investigation, the Inspector 9General he or she shall immediately notify the Illinois State 10Police. All investigations conducted by the Inspector General 11shall be conducted in a manner designed to ensure the 12preservation of evidence for possible use in a criminal 13prosecution. 14 (d) The Inspector General may recommend to the Department 15of Children and Family Services, the Department of Public 16Health, or any other appropriate agency, sanctions to be 17imposed against service providers under the jurisdiction of or 18under contract with the Department for the protection of 19children in the custody or under the guardianship of the 20Department who received services from those providers. The 21Inspector General may seek the assistance of the Attorney 22General or any of the several State's Attorneys in imposing 23sanctions. 24 (e) The Inspector General shall at all times be granted 25access to any foster home, facility, or program operated for 26or licensed or funded by the Department. HB1596- 98 -LRB103 25063 WGH 51398 b 1 (f) Nothing in this Section shall limit investigations by 2the Department of Children and Family Services that may 3otherwise be required by law or that may be necessary in that 4Department's capacity as the central administrative authority 5for child welfare. 6 (g) The Inspector General shall have the power to subpoena 7witnesses and compel the production of books and papers 8pertinent to an investigation authorized by this Act. The 9power to subpoena or to compel the production of books and 10papers, however, shall not extend to the person or documents 11of a labor organization or its representatives insofar as the 12person or documents of a labor organization relate to the 13function of representing an employee subject to investigation 14under this Act. Any person who fails to appear in response to a 15subpoena or to answer any question or produce any books or 16papers pertinent to an investigation under this Act, except as 17otherwise provided in this Section, or who knowingly gives 18false testimony in relation to an investigation under this Act 19is guilty of a Class A misdemeanor. 20 (h) The Inspector General shall provide to the General 21Assembly and the Governor, no later than January 1 of each 22year, a summary of reports and investigations made under this 23Section for the prior fiscal year. The summaries shall detail 24the imposition of sanctions and the final disposition of those 25recommendations. The summaries shall not contain any 26confidential or identifying information concerning the HB1596- 99 -LRB103 25063 WGH 51398 b 1subjects of the reports and investigations. The summaries also 2shall include detailed recommended administrative actions and 3matters for consideration by the General Assembly. 4(Source: P.A. 102-538, eff. 8-20-21.) 5 (20 ILCS 505/35.6) 6 Sec. 35.6. State-wide toll-free telephone number. 7 (a) There shall be a State-wide, toll-free telephone 8number for any person, whether or not mandated by law, to 9report to the Inspector General of the Department, suspected 10misconduct, malfeasance, misfeasance, or violations of rules, 11procedures, or laws by Department employees, service 12providers, or contractors that is detrimental to the best 13interest of children receiving care, services, or training 14from or who were committed to the Department as allowed under 15Section 5 of this Act. Immediately upon receipt of a telephone 16call regarding suspected abuse or neglect of children, the 17Inspector General shall refer the call to the Child Abuse and 18Neglect Hotline or to the Illinois State Police as mandated by 19the Abused and Neglected Child Reporting Act and Section 35.5 20of this Act. A mandated reporter shall not be relieved of the 21mandated reporter's his or her duty to report incidents to the 22Child Abuse and Neglect Hotline referred to in this 23subsection. The Inspector General shall also establish rules 24and procedures for evaluating reports of suspected misconduct 25and violation of rules and for conducting an investigation of HB1596- 100 -LRB103 25063 WGH 51398 b 1such reports. 2 (b) The Inspector General shall prepare and maintain 3written records from the reporting source that shall contain 4the following information to the extent known at the time the 5report is made: (1) the names and addresses of the child and 6the person responsible for the child's welfare; (2) the nature 7of the misconduct and the detriment cause to the child's best 8interest; (3) the names of the persons or agencies responsible 9for the alleged misconduct. Any investigation conducted by the 10Inspector General pursuant to such information shall not 11duplicate and shall be separate from the investigation 12mandated by the Abused and Neglected Child Reporting Act. 13However, the Inspector General may include the results of such 14investigation in reports compiled under this Section. At the 15request of the reporting agent, the Inspector General shall 16keep the identity of the reporting agent strictly confidential 17from the operation of the Department, until the Inspector 18General shall determine what recommendations shall be made 19with regard to discipline or sanction of the Department 20employee, service provider, or contractor, with the exception 21of suspected child abuse or neglect which shall be handled 22consistent with the Abused and Neglected Child Reporting Act 23and Section 35.5 of this Act. The Department shall take 24whatever steps are necessary to assure that a person making a 25report in good faith under this Section is not adversely 26affected solely on the basis of having made such report. HB1596- 101 -LRB103 25063 WGH 51398 b 1(Source: P.A. 102-538, eff. 8-20-21.) 2 (20 ILCS 505/35.9) 3 Sec. 35.9. Visitation privileges; grandparents and 4great-grandparents. 5 (a) The Department shall make reasonable efforts and 6accommodations to provide for visitation privileges to a 7non-custodial grandparent or great-grandparent of a child who 8is in the care and custody of the Department. Any visitation 9privileges provided under this Section shall be separate and 10apart from any visitation privileges provided to a parent of 11the child. The Department shall provide visitation privileges 12only if doing so is in the child's best interest, taking into 13consideration the factors set out in subsection (4.05) of 14Section 1-3 of the Juvenile Court Act of 1987 and the following 15additional factors: 16 (1) the mental and physical health of the grandparent 17 or great-grandparent; 18 (2) the quantity of the visitation time requested and 19 the potential adverse impact that visitation would have on 20 the child's customary activities; 21 (3) any other fact that establishes that the loss of 22 the relationship between the child and the grandparent or 23 great-grandparent is likely to unduly harm the child's 24 mental, physical, or emotional health; and 25 (4) whether visitation can be structured in a way to HB1596- 102 -LRB103 25063 WGH 51398 b 1 minimize the child's exposure to conflicts between adult 2 family members. 3 (b) Any visitation privileges provided under this Section 4shall automatically terminate upon the child leaving the care 5or custody of the Department. 6 (c) The Department may deny a request for visitation after 7considering the criteria provided under subsection (a) in 8addition to any other criteria the Department deems necessary. 9If the Department determines that a grandparent or 10great-grandparent is inappropriate to serve as a visitation 11resource and denies visitation, the Department shall: (i) 12document the basis of its determination and maintain the 13documentation in the child's case file and (ii) inform the 14grandparent or great-grandparent of the grandparent's or 15great-grandparent's his or her right to a clinical review in 16accordance with Department rules and procedures. The 17Department may adopt any rules necessary to implement this 18Section. 19(Source: P.A. 99-838, eff. 1-1-17.) 20 Section 10. The Department of Children and Family Services 21Powers Law of the Civil Administrative Code of Illinois is 22amended by changing Section 510-25 as follows: 23 (20 ILCS 510/510-25) (was 20 ILCS 510/65.5) 24 Sec. 510-25. Child Care Act of 1969; injunction. The HB1596- 103 -LRB103 25063 WGH 51398 b 1Department has the power to initiate injunction proceedings 2whenever it appears to the Director of Children and Family 3Services that any person, group of persons, or corporation is 4engaged or about to engage in any acts or practices that 5constitute or will constitute a violation of the Child Care 6Act of 1969 or any rule or regulation prescribed under the 7authority of that Act. The Director of Children and Family 8Services may, in the Director's his or her discretion, through 9the Attorney General apply for an injunction to enforce the 10Act, rule, or regulation. Upon a proper showing, any circuit 11court may enter a permanent or preliminary injunction or a 12temporary restraining order without bond to enforce the Act, 13rule, or regulation in addition to the penalties and other 14remedies provided in the Act, rule, or regulation. Appeals may 15be taken as in other civil cases. 16(Source: P.A. 91-239, eff. 1-1-00.) 17 Section 15. The Child Death Review Team Act is amended by 18changing Section 20 as follows: 19 (20 ILCS 515/20) 20 Sec. 20. Reviews of child deaths. 21 (a) Every child death shall be reviewed by the team in the 22subregion which has primary case management responsibility. 23The deceased child must be one of the following: 24 (1) A youth in care. HB1596- 104 -LRB103 25063 WGH 51398 b 1 (2) The subject of an open service case maintained by 2 the Department. 3 (3) The subject of a pending child abuse or neglect 4 investigation. 5 (4) A child who was the subject of an abuse or neglect 6 investigation at any time during the 12 months preceding 7 the child's death. 8 (5) Any other child whose death is reported to the 9 State central register as a result of alleged child abuse 10 or neglect which report is subsequently indicated. 11 A child death review team may, at its discretion, review 12other sudden, unexpected, or unexplained child deaths, cases 13of serious or fatal injuries to a child identified under the 14Children's Advocacy Center Act, and all unfounded child death 15cases. 16 (b) A child death review team's purpose in conducting 17reviews of child deaths is to do the following: 18 (1) Assist in determining the cause and manner of the 19 child's death, when requested. 20 (2) Evaluate means by which the death might have been 21 prevented. 22 (3) Report its findings to appropriate agencies and 23 make recommendations that may help to reduce the number of 24 child deaths caused by abuse or neglect. 25 (4) Promote continuing education for professionals 26 involved in investigating, treating, and preventing child HB1596- 105 -LRB103 25063 WGH 51398 b 1 abuse and neglect as a means of preventing child deaths 2 due to abuse or neglect. 3 (5) Make specific recommendations to the Director and 4 the Inspector General of the Department concerning the 5 prevention of child deaths due to abuse or neglect and the 6 establishment of protocols for investigating child deaths. 7 (c) A child death review team shall review a child death as 8soon as practical and not later than 90 days following the 9completion by the Department of the investigation of the death 10under the Abused and Neglected Child Reporting Act. When there 11has been no investigation by the Department, the child death 12review team shall review a child's death within 90 days after 13obtaining the information necessary to complete the review 14from the coroner, pathologist, medical examiner, or law 15enforcement agency, depending on the nature of the case. A 16child death review team shall meet at least once in each 17calendar quarter. 18 (d) The Director shall, within 90 days, review and reply 19to recommendations made by a team under item (5) of subsection 20(b). With respect to each recommendation made by a team, the 21Director shall submit the Director's his or her reply both to 22the chairperson of that team and to the chairperson of the 23Executive Council. The Director's reply to each recommendation 24must include a statement as to whether the Director intends to 25implement the recommendation. The Director shall meet in 26person with the Executive Council at least every 60 days to HB1596- 106 -LRB103 25063 WGH 51398 b 1discuss recommendations and the Department's responses. 2 The Director shall implement recommendations as feasible 3and appropriate and shall respond in writing to explain the 4implementation or nonimplementation of the recommendations. 5 (e) Within 90 days after the Director submits a reply with 6respect to a recommendation as required by subsection (d), the 7Director must submit an additional report that sets forth in 8detail the way, if any, in which the Director will implement 9the recommendation and the schedule for implementing the 10recommendation. The Director shall submit this report to the 11chairperson of the team that made the recommendation and to 12the chairperson of the Executive Council. 13 (f) Within 180 days after the Director submits a report 14under subsection (e) concerning the implementation of a 15recommendation, the Director shall submit a further report to 16the chairperson of the team that made the recommendation and 17to the chairperson of the Executive Council. This report shall 18set forth the specific changes in the Department's policies 19and procedures that have been made in response to the 20recommendation. 21(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.) 22 Section 20. The Foster Parent Law is amended by changing 23Sections 1-5, 1-15, and 1-20 as follows: 24 (20 ILCS 520/1-5) HB1596- 107 -LRB103 25063 WGH 51398 b 1 Sec. 1-5. Legislative findings. Family foster care is an 2essential service for children and their families who have 3been separated due to the tragedy of child abuse, neglect, or 4dependency. When children have been separated from their 5families, it is the responsibility of the child welfare team 6to respond to the needs of the children and their families by 7means including (i) providing protection and nurture to 8children in a safe, healthy environment; (ii) meeting the 9developmental and emotional needs of the children, including 10maintaining and promoting a child's emotional attachment to a 11child's his or her own family; (iii) protecting and promoting 12the child's cultural identity and heritage; and (iv) working 13toward permanency for children by connecting them to safe, 14nurturing relationships intended to last a lifetime, 15preferably with their own family. 16 Foster parents are an essential part of and fulfill an 17integral role on the child welfare team along with children in 18care who are old enough to participate in planning and 19services, parents of children in care, caseworkers, and other 20professionals serving the child and family. By providing care 21for children and supporting the attachment of children to 22their families in a manner sensitive to each child's and 23family's unique needs, the foster parent serves the child, the 24family, and the community. 25 In order to successfully fulfill their role on the 26professional child welfare team, foster parents must be HB1596- 108 -LRB103 25063 WGH 51398 b 1committed to the goal of the child welfare program and must 2provide care to children and promote the best interests of the 3children and families served. In order to achieve this goal, 4foster parents must understand and be sensitive to issues of 5culture, ethnicity, religion, and children's connectedness 6with their families and must maintain a level of care, 7conduct, and demeanor that is consistent with the high 8professional ethics demanded of all other members of the child 9welfare team. 10 The General Assembly finds that there is a need to 11establish public policy regarding the role of foster parents. 12The General Assembly establishes this statement of foster 13parents' rights and responsibilities, which shall apply to all 14foster parents in the State of Illinois, whether supervised by 15the Department of Children and Family Services or by another 16agency under contract to the Department of Children and Family 17Services to provide foster care services. 18(Source: P.A. 89-19, eff. 6-3-95.) 19 (20 ILCS 520/1-15) 20 Sec. 1-15. Foster parent rights. A foster parent's rights 21include, but are not limited to, the following: 22 (1) The right to be treated with dignity, respect, and 23 consideration as a professional member of the child 24 welfare team. 25 (2) The right to be given standardized pre-service HB1596- 109 -LRB103 25063 WGH 51398 b 1 training and appropriate ongoing training to meet mutually 2 assessed needs and improve the foster parent's skills. 3 (3) The right to be informed as to how to contact the 4 appropriate child placement agency in order to receive 5 information and assistance to access supportive services 6 for children in the foster parent's care. 7 (4) The right to receive timely financial 8 reimbursement commensurate with the care needs of the 9 child as specified in the service plan. 10 (5) The right to be provided a clear, written 11 understanding of a placement agency's plan concerning the 12 placement of a child in the foster parent's home. Inherent 13 in this right is the foster parent's responsibility to 14 support activities that will promote the child's right to 15 relationships with the child's his or her own family and 16 cultural heritage. 17 (6) The right to be provided a fair, timely, and 18 impartial investigation of complaints concerning the 19 foster parent's licensure, to be provided the opportunity 20 to have a person of the foster parent's choosing present 21 during the investigation, and to be provided due process 22 during the investigation; the right to be provided the 23 opportunity to request and receive mediation or an 24 administrative review of decisions that affect licensing 25 parameters, or both mediation and an administrative 26 review; and the right to have decisions concerning a HB1596- 110 -LRB103 25063 WGH 51398 b 1 licensing corrective action plan specifically explained 2 and tied to the licensing standards violated. 3 (7) The right, at any time during which a child is 4 placed with the foster parent, to receive additional or 5 necessary information that is relevant to the care of the 6 child. 7 (7.5) The right to be given information concerning a 8 child (i) from the Department as required under subsection 9 (u) of Section 5 of the Children and Family Services Act 10 and (ii) from a child welfare agency as required under 11 subsection (c-5) of Section 7.4 of the Child Care Act of 12 1969. 13 (8) The right to be notified of scheduled meetings and 14 staffings concerning the foster child in order to actively 15 participate in the case planning and decision-making 16 process regarding the child, including individual service 17 planning meetings, administrative case reviews, 18 interdisciplinary staffings, and individual educational 19 planning meetings; the right to be informed of decisions 20 made by the courts or the child welfare agency concerning 21 the child; the right to provide input concerning the plan 22 of services for the child and to have that input given full 23 consideration in the same manner as information presented 24 by any other professional on the team; and the right to 25 communicate with other professionals who work with the 26 foster child within the context of the team, including HB1596- 111 -LRB103 25063 WGH 51398 b 1 therapists, physicians, attending health care 2 professionals, and teachers. 3 (9) The right to be given, in a timely and consistent 4 manner, any information a caseworker case worker has 5 regarding the child and the child's family which is 6 pertinent to the care and needs of the child and to the 7 making of a permanency plan for the child. Disclosure of 8 information concerning the child's family shall be limited 9 to that information that is essential for understanding 10 the needs of and providing care to the child in order to 11 protect the rights of the child's family. When a positive 12 relationship exists between the foster parent and the 13 child's family, the child's family may consent to 14 disclosure of additional information. 15 (10) The right to be given reasonable written notice 16 of (i) any change in a child's case plan, (ii) plans to 17 terminate the placement of the child with the foster 18 parent, and (iii) the reasons for the change or 19 termination in placement. The notice shall be waived only 20 in cases of a court order or when the child is determined 21 to be at imminent risk of harm. 22 (11) The right to be notified in a timely and complete 23 manner of all court hearings, including notice of the date 24 and time of the court hearing, the name of the judge or 25 hearing officer hearing the case, the location of the 26 hearing, and the court docket number of the case; and the HB1596- 112 -LRB103 25063 WGH 51398 b 1 right to intervene in court proceedings or to seek 2 mandamus under the Juvenile Court Act of 1987. 3 (12) The right to be considered as a placement option 4 when a foster child who was formerly placed with the 5 foster parent is to be re-entered into foster care, if 6 that placement is consistent with the best interest of the 7 child and other children in the foster parent's home. 8 (13) The right to have timely access to the child 9 placement agency's existing appeals process and the right 10 to be free from acts of harassment and retaliation by any 11 other party when exercising the right to appeal. 12 (14) The right to be informed of the Foster Parent 13 Hotline established under Section 35.6 of the Children and 14 Family Services Act and all of the rights accorded to 15 foster parents concerning reports of misconduct by 16 Department employees, service providers, or contractors, 17 confidential handling of those reports, and investigation 18 by the Inspector General appointed under Section 35.5 of 19 the Children and Family Services Act. 20(Source: P.A. 99-581, eff. 1-1-17.) 21 (20 ILCS 520/1-20) 22 Sec. 1-20. Foster parent responsibilities. A foster 23parent's responsibilities include, but are not limited to, the 24following: 25 (1) The responsibility to openly communicate and share HB1596- 113 -LRB103 25063 WGH 51398 b 1 information about the child with other members of the 2 child welfare team. 3 (2) The responsibility to respect the confidentiality 4 of information concerning foster children and their 5 families and act appropriately within applicable 6 confidentiality laws and regulations. 7 (3) The responsibility to advocate for children in the 8 foster parent's care. 9 (4) The responsibility to treat children in the foster 10 parent's care and the children's families with dignity, 11 respect, and consideration. 12 (5) The responsibility to recognize the foster 13 parent's own individual and familial strengths and 14 limitations when deciding whether to accept a child into 15 care; and the responsibility to recognize the foster 16 parent's own support needs and utilize appropriate 17 supports in providing care for foster children. 18 (6) The responsibility to be aware of the benefits of 19 relying on and affiliating with other foster parents and 20 foster parent associations in improving the quality of 21 care and service to children and families. 22 (7) The responsibility to assess the foster parent's 23 ongoing individual training needs and take action to meet 24 those needs. 25 (8) The responsibility to develop and assist in 26 implementing strategies to prevent placement disruptions, HB1596- 114 -LRB103 25063 WGH 51398 b 1 recognizing the traumatic impact of placement disruptions 2 on a foster child and all members of the foster family; and 3 the responsibility to provide emotional support for the 4 foster children and members of the foster family if 5 preventive strategies fail and placement disruptions 6 occur. 7 (9) The responsibility to know the impact foster 8 parenting has on individuals and family relationships; and 9 the responsibility to endeavor to minimize, as much as 10 possible, any stress that results from foster parenting. 11 (10) The responsibility to know the rewards and 12 benefits to children, parents, families, and society that 13 come from foster parenting and to promote the foster 14 parenting experience in a positive way. 15 (11) The responsibility to know the roles, rights, and 16 responsibilities of foster parents, other professionals in 17 the child welfare system, the foster child, and the foster 18 child's own family. 19 (12) The responsibility to know and, as necessary, 20 fulfill the foster parent's responsibility to serve as a 21 mandated reporter of suspected child abuse or neglect 22 under the Abused and Neglected Child Reporting Act; and 23 the responsibility to know the child welfare agency's 24 policy regarding allegations that foster parents have 25 committed child abuse or neglect and applicable 26 administrative rules and procedures governing HB1596- 115 -LRB103 25063 WGH 51398 b 1 investigations of those allegations. 2 (13) The responsibility to know and receive training 3 regarding the purpose of administrative case reviews, 4 client service plans, and court processes, as well as any 5 filing or time requirements associated with those 6 proceedings; and the responsibility to actively 7 participate in the foster parent's designated role in 8 these proceedings. 9 (14) The responsibility to know the child welfare 10 agency's appeal procedure for foster parents and the 11 rights of foster parents under the procedure. 12 (15) The responsibility to know and understand the 13 importance of maintaining accurate and relevant records 14 regarding the child's history and progress; and the 15 responsibility to be aware of and follow the procedures 16 and regulations of the child welfare agency with which the 17 foster parent is licensed or affiliated. 18 (16) The responsibility to share information, through 19 the child welfare team, with the subsequent caregiver 20 (whether the child's parent or another substitute 21 caregiver) regarding the child's adjustment in the foster 22 parent's home. 23 (17) The responsibility to provide care and services 24 that are respectful of and responsive to the child's 25 cultural needs and are supportive of the relationship 26 between the child and the child's his or her own family; HB1596- 116 -LRB103 25063 WGH 51398 b 1 the responsibility to recognize the increased importance 2 of maintaining a child's cultural identity when the race 3 or culture of the foster family differs from that of the 4 foster child; and the responsibility to take action to 5 address these issues. 6(Source: P.A. 89-19, eff. 6-3-95.) 7 Section 25. The Foster Children's Bill of Rights Act is 8amended by changing Section 5 as follows: 9 (20 ILCS 521/5) 10 Sec. 5. Foster Children's Bill of Rights. It is the policy 11of this State that every child and adult in the care of the 12Department of Children and Family Services who is placed in 13foster care shall have the following rights: 14 (1) To live in a safe, healthy, and comfortable home 15 where they are he or she is treated with respect. 16 (2) To be free from physical, sexual, emotional, or 17 other abuse, or corporal punishment. 18 (3) To receive adequate and healthy food, adequate 19 clothing, and, for youth in group homes, residential 20 treatment facilities, and foster homes, an allowance. 21 (4) To receive medical, dental, vision, and mental 22 health services. 23 (5) To be free of the administration of medication or 24 chemical substances, unless authorized by a physician. HB1596- 117 -LRB103 25063 WGH 51398 b 1 (6) To contact family members, unless prohibited by 2 court order, and social workers, attorneys, foster youth 3 advocates and supporters, Court Appointed Special 4 Advocates (CASAs), and probation officers. 5 (7) To visit and contact siblings brothers and 6 sisters, unless prohibited by court order. 7 (8) To contact the Advocacy Office for Children and 8 Families established under the Children and Family 9 Services Act or the Department of Children and Family 10 Services' Office of the Inspector General regarding 11 violations of rights, to speak to representatives of these 12 offices confidentially, and to be free from threats or 13 punishment for making complaints. 14 (9) To make and receive confidential telephone calls 15 and send and receive unopened mail, unless prohibited by 16 court order. 17 (10) To attend religious services and activities of 18 their his or her choice. 19 (11) To maintain an emancipation bank account and 20 manage personal income, consistent with the child's age 21 and developmental level, unless prohibited by the case 22 plan. 23 (12) To not be locked in a room, building, or facility 24 premises, unless placed in a secure child care facility 25 licensed by the Department of Children and Family Services 26 under the Child Care Act of 1969 and placed pursuant to HB1596- 118 -LRB103 25063 WGH 51398 b 1 Section 2-27.1 of the Juvenile Court Act of 1987. 2 (13) To attend school and participate in 3 extracurricular, cultural, and personal enrichment 4 activities, consistent with the child's age and 5 developmental level, with minimal disruptions to school 6 attendance and educational stability. 7 (14) To work and develop job skills at an 8 age-appropriate level, consistent with State law. 9 (15) To have social contacts with people outside of 10 the foster care system, including teachers, church 11 members, mentors, and friends. 12 (16) If they meet he or she meets age requirements, to 13 attend services and programs operated by the Department of 14 Children and Family Services or any other appropriate 15 State agency that aim to help current and former foster 16 youth achieve self-sufficiency prior to and after leaving 17 foster care. 18 (17) To attend court hearings and speak to the judge. 19 (18) To have storage space for private use. 20 (19) To be involved in the development of their his or 21 her own case plan and plan for permanent placement. 22 (20) To review their his or her own case plan and plan 23 for permanent placement, if they are he or she is 12 years 24 of age or older and in a permanent placement, and to 25 receive information about their his or her out-of-home 26 placement and case plan, including being told of changes HB1596- 119 -LRB103 25063 WGH 51398 b 1 to the case plan. 2 (21) To be free from unreasonable searches of personal 3 belongings. 4 (22) To the confidentiality of all juvenile court 5 records consistent with existing law. 6 (23) To have fair and equal access to all available 7 services, placement, care, treatment, and benefits, and to 8 not be subjected to discrimination or harassment on the 9 basis of actual or perceived race, ethnic group 10 identification, ancestry, national origin, color, 11 religion, sex, sexual orientation, gender identity, mental 12 or physical disability, or HIV status. 13 (24) To have caregivers and child welfare personnel 14 who have received sensitivity training and instruction on 15 matters concerning race, ethnicity, national origin, 16 color, ancestry, religion, mental and physical disability, 17 and HIV status. 18 (25) To have caregivers and child welfare personnel 19 who have received instruction on cultural competency and 20 sensitivity relating to, and best practices for, providing 21 adequate care to lesbian, gay, bisexual, and transgender 22 youth in out-of-home care. 23 (26) At 16 years of age or older, to have access to 24 existing information regarding the educational options 25 available, including, but not limited to, the coursework 26 necessary for vocational and postsecondary educational HB1596- 120 -LRB103 25063 WGH 51398 b 1 programs, and information regarding financial aid for 2 postsecondary education. 3 (27) To have access to age-appropriate, medically 4 accurate information about reproductive health care, the 5 prevention of unplanned pregnancy, and the prevention and 6 treatment of sexually transmitted infections at 12 years 7 of age or older. 8 (28) To receive a copy of this Act from and have it 9 fully explained by the Department of Children and Family 10 Services when the child or adult is placed in the care of 11 the Department of Children and Family Services. 12 (29) To be placed in the least restrictive and most 13 family-like setting available and in close proximity to 14 their his or her parent's home consistent with their his 15 or her health, safety, best interests, and special needs. 16 (30) To participate in an age and developmentally 17 appropriate intake process immediately after placement in 18 the custody or guardianship of the Department. During the 19 intake process, the Department shall provide the youth 20 with a document describing inappropriate acts of 21 affection, discipline, and punishment by guardians, foster 22 parents, foster siblings, or any other adult responsible 23 for the youth's welfare. The Department shall review and 24 discuss the document with the child. The Department must 25 document completion of the intake process in the child's 26 records as well as giving a copy of the document to the HB1596- 121 -LRB103 25063 WGH 51398 b 1 child. 2 (31) To participate in appropriate intervention and 3 counseling services after removal from the home of origin 4 in order to assess whether the youth is exhibiting signs 5 of traumatic stress, special needs, or mental illness. 6 (32) To receive a home visit by an assigned child 7 welfare specialist, per existing Department policies and 8 procedures, on a monthly basis or more frequently as 9 needed. In addition to what existing policies and 10 procedures outline, home visits shall be used to assess 11 the youth's well-being and emotional health following 12 placement, to determine the youth's relationship with the 13 youth's guardian or foster parent or with any other adult 14 responsible for the youth's welfare or living in or 15 frequenting the home environment, and to determine what 16 forms of discipline, if any, the youth's guardian or 17 foster parent or any other person in the home environment 18 uses to correct the youth. 19 (33) To be enrolled in an independent living services 20 program prior to transitioning out of foster care where 21 the youth will receive classes and instruction, 22 appropriate to the youth's age and developmental capacity, 23 on independent living and self-sufficiency in the areas of 24 employment, finances, meals, and housing as well as help 25 in developing life skills and long-term goals. 26 (34) To be assessed by a third-party entity or agency HB1596- 122 -LRB103 25063 WGH 51398 b 1 prior to enrollment in any independent living services 2 program in order to determine the youth's readiness for a 3 transition out of foster care based on the youth's 4 individual needs, emotional development, and ability, 5 regardless of age, to make a successful transition to 6 adulthood. 7(Source: P.A. 102-810, eff. 1-1-23.) 8 Section 30. The Statewide Foster Care Advisory Council Law 9is amended by changing Section 5-10 as follows: 10 (20 ILCS 525/5-10) 11 Sec. 5-10. Membership. 12 (a) The Statewide Foster Care Advisory Council shall 13consist of the following membership: 14 (1) 2 foster parents from the Department's southern 15 and northern administrative regions; 3 foster parents from 16 the Department's central administrative region; and 2 17 foster parents from each of the Department's Cook County 18 administrative regions. One of the 6 foster parents 19 representing the Cook County administrative regions shall 20 be the current President of the Cook County Foster Parent 21 Advisory Committee; 22 (2) 2 foster parents representing the Department's 23 Child Welfare Advisory Committee, with at least one foster 24 parent residing in Cook County; HB1596- 123 -LRB103 25063 WGH 51398 b 1 (3) 2 foster care professionals representing the 2 Department's Child Welfare Advisory Committee to represent 3 agencies providing foster care services under contract to 4 the Department; 5 (4) the current president of the Illinois Foster 6 Parent Association; and 7 (5) 4 other non-Department persons with recognized 8 expertise regarding foster care who shall be nominated by 9 the Director of the Department ("the Director"). 10 Each Administrator of the Department's specified 11administrative regions shall make recommendations of foster 12parents for appointment as members to the Director. The 13recommendations of the Regional Administrator shall be based 14upon consultation by the Regional Administrator with organized 15foster parent groups and Department staff. 16 All appointments to the Council shall be made in writing 17by the Director. In soliciting and making appointments, the 18Director shall make all reasonable efforts to ensure the 19membership of the Council is culturally diverse and 20representative and also geographically representative of the 21Department's administrative regions. 22 (b) Each member shall be appointed for a term of 3 years. 23No member shall be appointed to more than 2 terms, except the 24President of the Illinois Foster Parent Association and the 25President of the Cook County Foster Parent Association may 26serve as long as the member he or she holds office. Members HB1596- 124 -LRB103 25063 WGH 51398 b 1shall continue to serve until their successors are appointed. 2The terms of original members and of members subsequently 3appointed to fill vacancies created by a change in the number 4of the Council's members shall be determined to assure as 5nearly as possible that the terms of one-third of the members 6in each sector expire each year on June 30th. The original 7members in each sector shall determine by lot the length of 8each member's term, one-third to be for 3 years, one-third to 9be for 2 years, and one-third to be for one year, and the 10Council's secretary shall record the results. Thereafter, any 11member appointed to fill a vacancy other than one created by 12the expiration of a regular 3 year term shall be appointed for 13the unexpired term of the predecessor member, or in the case of 14new memberships created by change in number of members, for 15such term as is appropriate under this subsection. 16 (c) Members of the Advisory Council shall serve without 17compensation, except that the Department shall reimburse 18members for travel and per diem expenses associated with 19participation in Advisory Council meetings and activities. 20Reimbursement shall be consistent with Illinois Department of 21Central Management Services rules, as approved by the 22Governor's Travel Control Board. 23(Source: P.A. 89-19, eff. 6-3-95.) 24 Section 35. The Department of Children and Family Services 25Statewide Youth Advisory Board Act is amended by changing HB1596- 125 -LRB103 25063 WGH 51398 b 1Section 15 as follows: 2 (20 ILCS 527/15) 3 Sec. 15. Meetings. 4 (a) Regular meetings of the regional youth advisory boards 5shall be held monthly. 6 (b) Regular meetings of the Statewide Youth Advisory Board 7shall be held at least 5 times per year. 8 (c) The Director of the Department or the Director's his 9or her designee shall meet with the Statewide Youth Advisory 10Board at least quarterly in order to discuss the issues and 11concerns of youth in foster care. 12 (d) All meetings shall take place at locations, dates, and 13times determined by the Department or its designee in 14accordance with the bylaws for the Statewide Youth Advisory 15Board and the regional youth advisory boards. 16(Source: P.A. 98-806, eff. 1-1-15.) 17 Section 40. The Interstate Compact on Adoption Act is 18amended by changing Section 5-35 as follows: 19 (45 ILCS 17/5-35) 20 Sec. 5-35. Medical assistance. 21 (a) A child with special needs who resides in this State 22and who is the subject of an adoption assistance agreement 23with another state shall be eligible for medical assistance HB1596- 126 -LRB103 25063 WGH 51398 b 1from this State under Article V of the Illinois Public Aid Code 2upon the filing of agreed documentation obtained from the 3assistance state and filed with the Department of Healthcare 4and Family Services. The Department of Children and Family 5Services shall be required at least annually to establish that 6the agreement is still in force or has been renewed. 7 (b) If a child (i) is in another state, (ii) is covered by 8an adoption assistance agreement made by the Illinois 9Department of Children and Family Services, and (iii) was 10eligible for medical assistance under Article V of the 11Illinois Public Aid Code at the time the child he or she 12resided in this State and would continue to be eligible for 13that assistance if the child he or she was currently residing 14in this State, then that child is eligible for medical 15assistance under Article V of the Illinois Public Aid Code, 16but only for those medical assistance benefits under Article V 17that are not provided by the other state. There shall be no 18payment or reimbursement by this State for services or 19benefits covered under any insurance or other third party 20medical contract or arrangement held by the child or the 21adoptive parents. 22 (c) The submission of any claim for payment or 23reimbursement for services or benefits pursuant to this 24Section or the making of any statement in connection 25therewith, which claim or statement the maker knows or should 26know to be false, misleading, or fraudulent, shall be HB1596- 127 -LRB103 25063 WGH 51398 b 1punishable as perjury and shall also be subject to a fine not 2to exceed $10,000 or imprisonment for not to exceed 2 years, or 3both. 4 (d) The provisions of this Section shall apply only to 5medical assistance for children under adoption assistance 6agreements from states that have entered into a compact with 7this State under which the other state provided medical 8assistance to children with special needs under adoption 9assistance agreements made by this State. 10 (e) The Illinois Department of Children and Family 11Services and the Department of Healthcare and Family Services 12may adopt all rules necessary to implement this Section. 13(Source: P.A. 95-331, eff. 8-21-07.) 14 Section 45. The Child Care Act of 1969 is amended by 15changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3, 167.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows: 17 (225 ILCS 10/2.24) 18 Sec. 2.24. "Adoption services" includes any one or more of 19the following services performed for any type of compensation 20or thing of value, directly or indirectly: (i) arranging for 21the placement of or placing out a child, (ii) identifying a 22child for adoption, (iii) matching adoptive parents with birth 23biological parents, (iv) arranging or facilitating an 24adoption, (v) taking or acknowledging consents or surrenders HB1596- 128 -LRB103 25063 WGH 51398 b 1for termination of parental rights for purposes of adoption, 2as defined in the Adoption Act, (vi) performing background 3studies on a child or adoptive parents, (vii) making 4determinations of the best interests of a child and the 5appropriateness of adoptive placement for the child, or (viii) 6post-placement monitoring of a child prior to adoption. 7"Adoption services" does not include the following: (1) the 8provision of legal services by a licensed attorney for which 9the attorney must be licensed as an attorney under Illinois 10law, (2) adoption-related services performed by public 11governmental entities or entities or persons performing 12investigations by court appointment as described in subsection 13A of Section 6 of the Adoption Act, (3) prospective birth 14biological parents or adoptive parents operating on their own 15behalf, (4) the provision of general education and training on 16adoption-related topics, or (5) post-adoption services, 17including supportive services to families to promote the 18well-being of members of adoptive families or birth families. 19(Source: P.A. 94-586, eff. 8-15-05.) 20 (225 ILCS 10/3.3) 21 Sec. 3.3. Requirements for criminal background checks for 22adoption-only homes. In approving an adoption-only home 23pursuant to Section 3.2 of this Act, if an adult resident has 24an arrest or conviction record, the licensed child welfare 25agency: HB1596- 129 -LRB103 25063 WGH 51398 b 1 (1) shall thoroughly investigate and evaluate the 2 criminal history of the resident and, in so doing, include 3 an assessment of the applicant's character and, in the 4 case of the prospective adoptive parent, the impact that 5 the criminal history has on the prospective adoptive 6 parent's his or her ability to parent the child; the 7 investigation should consider the type of crime, the 8 number of crimes, the nature of the offense, the age at 9 time of crime, the length of time that has elapsed since 10 the last conviction, the relationship of the crime to the 11 ability to care for children, and any evidence of 12 rehabilitation; 13 (2) shall not approve the home if the record reveals a 14 felony conviction for crimes against a child, including, 15 but not limited to, child abuse or neglect, child 16 pornography, rape, sexual assault, or homicide; 17 (3) shall not approve the home if the record reveals a 18 felony conviction within the last 5 years, including, but 19 not limited to, for physical assault, battery, 20 drug-related offenses, or spousal abuse; and 21 (4) shall not approve the home if the record reveals a 22 felony conviction for homicide, rape, or sexual assault. 23(Source: P.A. 99-833, eff. 1-1-17.) 24 (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) 25 Sec. 4.1. Criminal Background Investigations. The HB1596- 130 -LRB103 25063 WGH 51398 b 1Department shall require that each child care facility license 2applicant as part of the application process, and each 3employee and volunteer of a child care facility or 4non-licensed service provider, as a condition of employment, 5authorize an investigation to determine if such applicant, 6employee, or volunteer has ever been charged with a crime and 7if so, the disposition of those charges; this authorization 8shall indicate the scope of the inquiry and the agencies which 9may be contacted. Upon this authorization, the Director shall 10request and receive information and assistance from any 11federal, State or local governmental agency as part of the 12authorized investigation. Each applicant, employee, or 13volunteer of a child care facility or non-licensed service 14provider shall submit the applicant's, employee's, or 15volunteer's his or her fingerprints to the Illinois State 16Police in the form and manner prescribed by the Illinois State 17Police. These fingerprints shall be checked against the 18fingerprint records now and hereafter filed in the Illinois 19State Police and Federal Bureau of Investigation criminal 20history records databases. The Illinois State Police shall 21charge a fee for conducting the criminal history records 22check, which shall be deposited in the State Police Services 23Fund and shall not exceed the actual cost of the records check. 24The Illinois State Police shall provide information concerning 25any criminal charges, and their disposition, now or hereafter 26filed, against an applicant, employee, or volunteer of a child HB1596- 131 -LRB103 25063 WGH 51398 b 1care facility or non-licensed service provider upon request of 2the Department of Children and Family Services when the 3request is made in the form and manner required by the Illinois 4State Police. 5 Information concerning convictions of a license applicant, 6employee, or volunteer of a child care facility or 7non-licensed service provider investigated under this Section, 8including the source of the information and any conclusions or 9recommendations derived from the information, shall be 10provided, upon request, to such applicant, employee, or 11volunteer of a child care facility or non-licensed service 12provider prior to final action by the Department on the 13application. State conviction information provided by the 14Illinois State Police regarding employees, prospective 15employees, or volunteers of non-licensed service providers and 16child care facilities licensed under this Act shall be 17provided to the operator of such facility, and, upon request, 18to the employee, prospective employee, or volunteer of a child 19care facility or non-licensed service provider. Any 20information concerning criminal charges and the disposition of 21such charges obtained by the Department shall be confidential 22and may not be transmitted outside the Department, except as 23required herein, and may not be transmitted to anyone within 24the Department except as needed for the purpose of evaluating 25an application or an employee or volunteer of a child care 26facility or non-licensed service provider. Only information HB1596- 132 -LRB103 25063 WGH 51398 b 1and standards which bear a reasonable and rational relation to 2the performance of a child care facility shall be used by the 3Department or any licensee. Any employee of the Department of 4Children and Family Services, Illinois State Police, or a 5child care facility receiving confidential information under 6this Section who gives or causes to be given any confidential 7information concerning any criminal convictions of an 8applicant, employee, or volunteer of a child care facility or 9non-licensed service provider, shall be guilty of a Class A 10misdemeanor unless release of such information is authorized 11by this Section. 12 A child care facility may hire, on a probationary basis, 13any employee or volunteer of a child care facility or 14non-licensed service provider authorizing a criminal 15background investigation under this Section, pending the 16result of such investigation. Employees and volunteers of a 17child care facility or non-licensed service provider shall be 18notified prior to hiring that such employment may be 19terminated on the basis of criminal background information 20obtained by the facility. 21(Source: P.A. 102-538, eff. 8-20-21.) 22 (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2) 23 Sec. 4.2. (a) No applicant may receive a license from the 24Department and no person may be employed by a licensed child 25care facility who refuses to authorize an investigation as HB1596- 133 -LRB103 25063 WGH 51398 b 1required by Section 4.1. 2 (b) In addition to the other provisions of this Section, 3no applicant may receive a license from the Department and no 4person may be employed by a child care facility licensed by the 5Department who has been declared a sexually dangerous person 6under the Sexually Dangerous Persons Act "An Act in relation 7to sexually dangerous persons, and providing for their 8commitment, detention and supervision", approved July 6, 1938, 9as amended, or convicted of committing or attempting to commit 10any of the following offenses stipulated under the Criminal 11Code of 1961 or the Criminal Code of 2012: 12 (1) murder; 13 (1.1) solicitation of murder; 14 (1.2) solicitation of murder for hire; 15 (1.3) intentional homicide of an unborn child; 16 (1.4) voluntary manslaughter of an unborn child; 17 (1.5) involuntary manslaughter; 18 (1.6) reckless homicide; 19 (1.7) concealment of a homicidal death; 20 (1.8) involuntary manslaughter of an unborn child; 21 (1.9) reckless homicide of an unborn child; 22 (1.10) drug-induced homicide; 23 (2) a sex offense under Article 11, except offenses 24 described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 25 11-40, and 11-45; 26 (3) kidnapping; HB1596- 134 -LRB103 25063 WGH 51398 b 1 (3.1) aggravated unlawful restraint; 2 (3.2) forcible detention; 3 (3.3) harboring a runaway; 4 (3.4) aiding and abetting child abduction; 5 (4) aggravated kidnapping; 6 (5) child abduction; 7 (6) aggravated battery of a child as described in 8 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; 9 (7) criminal sexual assault; 10 (8) aggravated criminal sexual assault; 11 (8.1) predatory criminal sexual assault of a child; 12 (9) criminal sexual abuse; 13 (10) aggravated sexual abuse; 14 (11) heinous battery as described in Section 12-4.1 or 15 subdivision (a)(2) of Section 12-3.05; 16 (12) aggravated battery with a firearm as described in 17 Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or 18 (e)(4) of Section 12-3.05; 19 (13) tampering with food, drugs, or cosmetics; 20 (14) drug induced infliction of great bodily harm as 21 described in Section 12-4.7 or subdivision (g)(1) of 22 Section 12-3.05; 23 (15) hate crime; 24 (16) stalking; 25 (17) aggravated stalking; 26 (18) threatening public officials; HB1596- 135 -LRB103 25063 WGH 51398 b 1 (19) home invasion; 2 (20) vehicular invasion; 3 (21) criminal transmission of HIV; 4 (22) criminal abuse or neglect of an elderly person or 5 person with a disability as described in Section 12-21 or 6 subsection (e) of Section 12-4.4a; 7 (23) child abandonment; 8 (24) endangering the life or health of a child; 9 (25) ritual mutilation; 10 (26) ritualized abuse of a child; 11 (27) an offense in any other jurisdiction the elements 12 of which are similar and bear a substantial relationship 13 to any of the foregoing offenses. 14 (b-1) In addition to the other provisions of this Section, 15beginning January 1, 2004, no new applicant and, on the date of 16licensure renewal, no current licensee may operate or receive 17a license from the Department to operate, no person may be 18employed by, and no adult person may reside in a child care 19facility licensed by the Department who has been convicted of 20committing or attempting to commit any of the following 21offenses or an offense in any other jurisdiction the elements 22of which are similar and bear a substantial relationship to 23any of the following offenses: 24(I) BODILY HARM HB1596- 136 -LRB103 25063 WGH 51398 b 1 (1) Felony aggravated assault. 2 (2) Vehicular endangerment. 3 (3) Felony domestic battery. 4 (4) Aggravated battery. 5 (5) Heinous battery. 6 (6) Aggravated battery with a firearm. 7 (7) Aggravated battery of an unborn child. 8 (8) Aggravated battery of a senior citizen. 9 (9) Intimidation. 10 (10) Compelling organization membership of persons. 11 (11) Abuse and criminal neglect of a long term care 12 facility resident. 13 (12) Felony violation of an order of protection. 14(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY 15 (1) Felony unlawful use of weapons. 16 (2) Aggravated discharge of a firearm. 17 (3) Reckless discharge of a firearm. 18 (4) Unlawful use of metal piercing bullets. 19 (5) Unlawful sale or delivery of firearms on the 20 premises of any school. 21 (6) Disarming a police officer. 22 (7) Obstructing justice. 23 (8) Concealing or aiding a fugitive. 24 (9) Armed violence. HB1596- 137 -LRB103 25063 WGH 51398 b 1 (10) Felony contributing to the criminal delinquency 2 of a juvenile. 3(III) DRUG OFFENSES 4 (1) Possession of more than 30 grams of cannabis. 5 (2) Manufacture of more than 10 grams of cannabis. 6 (3) Cannabis trafficking. 7 (4) Delivery of cannabis on school grounds. 8 (5) Unauthorized production of more than 5 cannabis 9 sativa plants. 10 (6) Calculated criminal cannabis conspiracy. 11 (7) Unauthorized manufacture or delivery of controlled 12 substances. 13 (8) Controlled substance trafficking. 14 (9) Manufacture, distribution, or advertisement of 15 look-alike substances. 16 (10) Calculated criminal drug conspiracy. 17 (11) Street gang criminal drug conspiracy. 18 (12) Permitting unlawful use of a building. 19 (13) Delivery of controlled, counterfeit, or 20 look-alike substances to persons under age 18, or at truck 21 stops, rest stops, or safety rest areas, or on school 22 property. 23 (14) Using, engaging, or employing persons under 18 to 24 deliver controlled, counterfeit, or look-alike substances. HB1596- 138 -LRB103 25063 WGH 51398 b 1 (15) Delivery of controlled substances. 2 (16) Sale or delivery of drug paraphernalia. 3 (17) Felony possession, sale, or exchange of 4 instruments adapted for use of a controlled substance, 5 methamphetamine, or cannabis by subcutaneous injection. 6 (18) Felony possession of a controlled substance. 7 (19) Any violation of the Methamphetamine Control and 8 Community Protection Act. 9 (b-1.5) In addition to any other provision of this 10Section, for applicants with access to confidential financial 11information or who submit documentation to support billing, 12the Department may, in its discretion, deny or refuse to renew 13a license to an applicant who has been convicted of committing 14or attempting to commit any of the following felony offenses: 15 (1) financial institution fraud under Section 17-10.6 16 of the Criminal Code of 1961 or the Criminal Code of 2012; 17 (2) identity theft under Section 16-30 of the Criminal 18 Code of 1961 or the Criminal Code of 2012; 19 (3) financial exploitation of an elderly person or a 20 person with a disability under Section 17-56 of the 21 Criminal Code of 1961 or the Criminal Code of 2012; 22 (4) computer tampering under Section 17-51 of the 23 Criminal Code of 1961 or the Criminal Code of 2012; 24 (5) aggravated computer tampering under Section 17-52 25 of the Criminal Code of 1961 or the Criminal Code of 2012; 26 (6) computer fraud under Section 17-50 of the Criminal HB1596- 139 -LRB103 25063 WGH 51398 b 1 Code of 1961 or the Criminal Code of 2012; 2 (7) deceptive practices under Section 17-1 of the 3 Criminal Code of 1961 or the Criminal Code of 2012; 4 (8) forgery under Section 17-3 of the Criminal Code of 5 1961 or the Criminal Code of 2012; 6 (9) State benefits fraud under Section 17-6 of the 7 Criminal Code of 1961 or the Criminal Code of 2012; 8 (10) mail fraud and wire fraud under Section 17-24 of 9 the Criminal Code of 1961 or the Criminal Code of 2012; 10 (11) theft under paragraphs (1.1) through (11) of 11 subsection (b) of Section 16-1 of the Criminal Code of 12 1961 or the Criminal Code of 2012. 13 (b-2) Notwithstanding subsection (b-1), the Department may 14make an exception and, for child care facilities other than 15foster family homes, issue a new child care facility license 16to or renew the existing child care facility license of an 17applicant, a person employed by a child care facility, or an 18applicant who has an adult residing in a home child care 19facility who was convicted of an offense described in 20subsection (b-1), provided that all of the following 21requirements are met: 22 (1) The relevant criminal offense occurred more than 5 23 years prior to the date of application or renewal, except 24 for drug offenses. The relevant drug offense must have 25 occurred more than 10 years prior to the date of 26 application or renewal, unless the applicant passed a drug HB1596- 140 -LRB103 25063 WGH 51398 b 1 test, arranged and paid for by the child care facility, no 2 less than 5 years after the offense. 3 (2) The Department must conduct a background check and 4 assess all convictions and recommendations of the child 5 care facility to determine if hiring or licensing the 6 applicant is in accordance with Department administrative 7 rules and procedures. 8 (3) The applicant meets all other requirements and 9 qualifications to be licensed as the pertinent type of 10 child care facility under this Act and the Department's 11 administrative rules. 12 (c) In addition to the other provisions of this Section, 13no applicant may receive a license from the Department to 14operate a foster family home, and no adult person may reside in 15a foster family home licensed by the Department, who has been 16convicted of committing or attempting to commit any of the 17following offenses stipulated under the Criminal Code of 1961, 18the Criminal Code of 2012, the Cannabis Control Act, the 19Methamphetamine Control and Community Protection Act, and the 20Illinois Controlled Substances Act: 21(I) OFFENSES DIRECTED AGAINST THE PERSON 22 (A) KIDNAPPING AND RELATED OFFENSES 23 (1) Unlawful restraint. HB1596- 141 -LRB103 25063 WGH 51398 b 1 (B) BODILY HARM 2 (2) Felony aggravated assault. 3 (3) Vehicular endangerment. 4 (4) Felony domestic battery. 5 (5) Aggravated battery. 6 (6) Heinous battery. 7 (7) Aggravated battery with a firearm. 8 (8) Aggravated battery of an unborn child. 9 (9) Aggravated battery of a senior citizen. 10 (10) Intimidation. 11 (11) Compelling organization membership of persons. 12 (12) Abuse and criminal neglect of a long term care 13 facility resident. 14 (13) Felony violation of an order of protection. 15(II) OFFENSES DIRECTED AGAINST PROPERTY 16 (14) Felony theft. 17 (15) Robbery. 18 (16) Armed robbery. 19 (17) Aggravated robbery. 20 (18) Vehicular hijacking. 21 (19) Aggravated vehicular hijacking. 22 (20) Burglary. 23 (21) Possession of burglary tools. 24 (22) Residential burglary. HB1596- 142 -LRB103 25063 WGH 51398 b 1 (23) Criminal fortification of a residence or 2 building. 3 (24) Arson. 4 (25) Aggravated arson. 5 (26) Possession of explosive or explosive incendiary 6 devices. 7(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY 8 (27) Felony unlawful use of weapons. 9 (28) Aggravated discharge of a firearm. 10 (29) Reckless discharge of a firearm. 11 (30) Unlawful use of metal piercing bullets. 12 (31) Unlawful sale or delivery of firearms on the 13 premises of any school. 14 (32) Disarming a police officer. 15 (33) Obstructing justice. 16 (34) Concealing or aiding a fugitive. 17 (35) Armed violence. 18 (36) Felony contributing to the criminal delinquency 19 of a juvenile. 20(IV) DRUG OFFENSES 21 (37) Possession of more than 30 grams of cannabis. 22 (38) Manufacture of more than 10 grams of cannabis. HB1596- 143 -LRB103 25063 WGH 51398 b 1 (39) Cannabis trafficking. 2 (40) Delivery of cannabis on school grounds. 3 (41) Unauthorized production of more than 5 cannabis 4 sativa plants. 5 (42) Calculated criminal cannabis conspiracy. 6 (43) Unauthorized manufacture or delivery of 7 controlled substances. 8 (44) Controlled substance trafficking. 9 (45) Manufacture, distribution, or advertisement of 10 look-alike substances. 11 (46) Calculated criminal drug conspiracy. 12 (46.5) Streetgang criminal drug conspiracy. 13 (47) Permitting unlawful use of a building. 14 (48) Delivery of controlled, counterfeit, or 15 look-alike substances to persons under age 18, or at truck 16 stops, rest stops, or safety rest areas, or on school 17 property. 18 (49) Using, engaging, or employing persons under 18 to 19 deliver controlled, counterfeit, or look-alike substances. 20 (50) Delivery of controlled substances. 21 (51) Sale or delivery of drug paraphernalia. 22 (52) Felony possession, sale, or exchange of 23 instruments adapted for use of a controlled substance, 24 methamphetamine, or cannabis by subcutaneous injection. 25 (53) Any violation of the Methamphetamine Control and 26 Community Protection Act. HB1596- 144 -LRB103 25063 WGH 51398 b 1 (d) Notwithstanding subsection (c), the Department may 2make an exception and issue a new foster family home license or 3may renew an existing foster family home license of an 4applicant who was convicted of an offense described in 5subsection (c), provided all of the following requirements are 6met: 7 (1) The relevant criminal offense or offenses occurred 8 more than 10 years prior to the date of application or 9 renewal. 10 (2) The applicant had previously disclosed the 11 conviction or convictions to the Department for purposes 12 of a background check. 13 (3) After the disclosure, the Department either placed 14 a child in the home or the foster family home license was 15 issued. 16 (4) During the background check, the Department had 17 assessed and waived the conviction in compliance with the 18 existing statutes and rules in effect at the time of the 19 hire or licensure. 20 (5) The applicant meets all other requirements and 21 qualifications to be licensed as a foster family home 22 under this Act and the Department's administrative rules. 23 (6) The applicant has a history of providing a safe, 24 stable home environment and appears able to continue to 25 provide a safe, stable home environment. 26 (e) In evaluating the exception pursuant to subsections HB1596- 145 -LRB103 25063 WGH 51398 b 1(b-2) and (d), the Department must carefully review any 2relevant documents to determine whether the applicant, despite 3the disqualifying convictions, poses a substantial risk to 4State resources or clients. In making such a determination, 5the following guidelines shall be used: 6 (1) the age of the applicant when the offense was 7 committed; 8 (2) the circumstances surrounding the offense; 9 (3) the length of time since the conviction; 10 (4) the specific duties and responsibilities 11 necessarily related to the license being applied for and 12 the bearing, if any, that the applicant's conviction 13 history may have on the applicant's his or her fitness to 14 perform these duties and responsibilities; 15 (5) the applicant's employment references; 16 (6) the applicant's character references and any 17 certificates of achievement; 18 (7) an academic transcript showing educational 19 attainment since the disqualifying conviction; 20 (8) a Certificate of Relief from Disabilities or 21 Certificate of Good Conduct; and 22 (9) anything else that speaks to the applicant's 23 character. 24(Source: P.A. 101-112, eff. 7-19-19.) 25 (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) HB1596- 146 -LRB103 25063 WGH 51398 b 1 (Text of Section before amendment by P.A. 102-982) 2 Sec. 5.1. (a) The Department shall ensure that no day care 3center, group home or child care institution as defined in 4this Act shall on a regular basis transport a child or children 5with any motor vehicle unless such vehicle is operated by a 6person who complies with the following requirements: 7 1. is 21 years of age or older; 8 2. currently holds a valid driver's license, which has 9 not been revoked or suspended for one or more traffic 10 violations during the 3 years immediately prior to the 11 date of application; 12 3. demonstrates physical fitness to operate vehicles 13 by submitting the results of a medical examination 14 conducted by a licensed physician; 15 4. has not been convicted of more than 2 offenses 16 against traffic regulations governing the movement of 17 vehicles within a twelve month period; 18 5. has not been convicted of reckless driving or 19 driving under the influence or manslaughter or reckless 20 homicide resulting from the operation of a motor vehicle 21 within the past 3 years; 22 6. has signed and submitted a written statement 23 certifying that the person he has not, through the 24 unlawful operation of a motor vehicle, caused an accident 25 which resulted in the death of any person within the 5 26 years immediately prior to the date of application. HB1596- 147 -LRB103 25063 WGH 51398 b 1 However, such day care centers, group homes and child care 2institutions may provide for transportation of a child or 3children for special outings, functions or purposes that are 4not scheduled on a regular basis without verification that 5drivers for such purposes meet the requirements of this 6Section. 7 (a-5) As a means of ensuring compliance with the 8requirements set forth in subsection (a), the Department shall 9implement appropriate measures to verify that every individual 10who is employed at a group home or child care institution meets 11those requirements. 12 For every person individual employed at a group home or 13child care institution who regularly transports children in 14the course of performing the person's his or her duties, the 15Department must make the verification every 2 years. Upon the 16Department's request, the Secretary of State shall provide the 17Department with the information necessary to enable the 18Department to make the verifications required under subsection 19(a). 20 In the case of an individual employed at a group home or 21child care institution who becomes subject to subsection (a) 22for the first time after the effective date of this amendatory 23Act of the 94th General Assembly, the Department must make 24that verification with the Secretary of State before the 25individual operates a motor vehicle to transport a child or 26children under the circumstances described in subsection (a). HB1596- 148 -LRB103 25063 WGH 51398 b 1 In the case of an individual employed at a group home or 2child care institution who is subject to subsection (a) on the 3effective date of this amendatory Act of the 94th General 4Assembly, the Department must make that verification with the 5Secretary of State within 30 days after that effective date. 6 If the Department discovers that an individual fails to 7meet the requirements set forth in subsection (a), the 8Department shall promptly notify the appropriate group home or 9child care institution. 10 (b) Any individual who holds a valid Illinois school bus 11driver permit issued by the Secretary of State pursuant to The 12Illinois Vehicle Code, and who is currently employed by a 13school district or parochial school, or by a contractor with a 14school district or parochial school, to drive a school bus 15transporting children to and from school, shall be deemed in 16compliance with the requirements of subsection (a). 17 (c) The Department may, pursuant to Section 8 of this Act, 18revoke the license of any day care center, group home or child 19care institution that fails to meet the requirements of this 20Section. 21 (d) A group home or child care institution that fails to 22meet the requirements of this Section is guilty of a petty 23offense and is subject to a fine of not more than $1,000. Each 24day that a group home or child care institution fails to meet 25the requirements of this Section is a separate offense. 26(Source: P.A. 94-943, eff. 1-1-07.) HB1596- 149 -LRB103 25063 WGH 51398 b 1 (Text of Section after amendment by P.A. 102-982) 2 Sec. 5.1. (a) The Department shall ensure that no day care 3center, group home or child care institution as defined in 4this Act shall on a regular basis transport a child or children 5with any motor vehicle unless such vehicle is operated by a 6person who complies with the following requirements: 7 1. is 21 years of age or older; 8 2. currently holds a valid driver's license, which has 9 not been revoked or suspended for one or more traffic 10 violations during the 3 years immediately prior to the 11 date of application; 12 3. demonstrates physical fitness to operate vehicles 13 by submitting the results of a medical examination 14 conducted by a licensed physician; 15 4. has not been convicted of more than 2 offenses 16 against traffic regulations governing the movement of 17 vehicles within a twelve month period; 18 5. has not been convicted of reckless driving or 19 driving under the influence or manslaughter or reckless 20 homicide resulting from the operation of a motor vehicle 21 within the past 3 years; 22 6. has signed and submitted a written statement 23 certifying that the person he has not, through the 24 unlawful operation of a motor vehicle, caused a crash 25 which resulted in the death of any person within the 5 HB1596- 150 -LRB103 25063 WGH 51398 b 1 years immediately prior to the date of application. 2 However, such day care centers, group homes and child care 3institutions may provide for transportation of a child or 4children for special outings, functions or purposes that are 5not scheduled on a regular basis without verification that 6drivers for such purposes meet the requirements of this 7Section. 8 (a-5) As a means of ensuring compliance with the 9requirements set forth in subsection (a), the Department shall 10implement appropriate measures to verify that every individual 11who is employed at a group home or child care institution meets 12those requirements. 13 For every person individual employed at a group home or 14child care institution who regularly transports children in 15the course of performing the person's his or her duties, the 16Department must make the verification every 2 years. Upon the 17Department's request, the Secretary of State shall provide the 18Department with the information necessary to enable the 19Department to make the verifications required under subsection 20(a). 21 In the case of an individual employed at a group home or 22child care institution who becomes subject to subsection (a) 23for the first time after the effective date of this amendatory 24Act of the 94th General Assembly, the Department must make 25that verification with the Secretary of State before the 26individual operates a motor vehicle to transport a child or HB1596- 151 -LRB103 25063 WGH 51398 b 1children under the circumstances described in subsection (a). 2 In the case of an individual employed at a group home or 3child care institution who is subject to subsection (a) on the 4effective date of this amendatory Act of the 94th General 5Assembly, the Department must make that verification with the 6Secretary of State within 30 days after that effective date. 7 If the Department discovers that an individual fails to 8meet the requirements set forth in subsection (a), the 9Department shall promptly notify the appropriate group home or 10child care institution. 11 (b) Any individual who holds a valid Illinois school bus 12driver permit issued by the Secretary of State pursuant to The 13Illinois Vehicle Code, and who is currently employed by a 14school district or parochial school, or by a contractor with a 15school district or parochial school, to drive a school bus 16transporting children to and from school, shall be deemed in 17compliance with the requirements of subsection (a). 18 (c) The Department may, pursuant to Section 8 of this Act, 19revoke the license of any day care center, group home or child 20care institution that fails to meet the requirements of this 21Section. 22 (d) A group home or child care institution that fails to 23meet the requirements of this Section is guilty of a petty 24offense and is subject to a fine of not more than $1,000. Each 25day that a group home or child care institution fails to meet 26the requirements of this Section is a separate offense. HB1596- 152 -LRB103 25063 WGH 51398 b 1(Source: P.A. 102-982, eff. 7-1-23.) 2 (225 ILCS 10/5.3) 3 Sec. 5.3. Lunches in day care homes. In order to increase 4the affordability and availability of day care, a day care 5home licensed under this Act may allow any child it receives to 6bring the child's his or her lunch for consumption instead of 7or in addition to the lunch provided by the day care home. 8(Source: P.A. 90-242, eff. 1-1-98.) 9 (225 ILCS 10/7) (from Ch. 23, par. 2217) 10 Sec. 7. (a) The Department must prescribe and publish 11minimum standards for licensing that apply to the various 12types of facilities for child care defined in this Act and that 13are equally applicable to like institutions under the control 14of the Department and to foster family homes used by and under 15the direct supervision of the Department. The Department shall 16seek the advice and assistance of persons representative of 17the various types of child care facilities in establishing 18such standards. The standards prescribed and published under 19this Act take effect as provided in the Illinois 20Administrative Procedure Act, and are restricted to 21regulations pertaining to the following matters and to any 22rules and regulations required or permitted by any other 23Section of this Act: 24 (1) The operation and conduct of the facility and HB1596- 153 -LRB103 25063 WGH 51398 b 1 responsibility it assumes for child care; 2 (2) The character, suitability and qualifications of 3 the applicant and other persons directly responsible for 4 the care and welfare of children served. All child day 5 care center licensees and employees who are required to 6 report child abuse or neglect under the Abused and 7 Neglected Child Reporting Act shall be required to attend 8 training on recognizing child abuse and neglect, as 9 prescribed by Department rules; 10 (3) The general financial ability and competence of 11 the applicant to provide necessary care for children and 12 to maintain prescribed standards; 13 (4) The number of individuals or staff required to 14 insure adequate supervision and care of the children 15 received. The standards shall provide that each child care 16 institution, maternity center, day care center, group 17 home, day care home, and group day care home shall have on 18 its premises during its hours of operation at least one 19 staff member certified in first aid, in the Heimlich 20 maneuver and in cardiopulmonary resuscitation by the 21 American Red Cross or other organization approved by rule 22 of the Department. Child welfare agencies shall not be 23 subject to such a staffing requirement. The Department may 24 offer, or arrange for the offering, on a periodic basis in 25 each community in this State in cooperation with the 26 American Red Cross, the American Heart Association or HB1596- 154 -LRB103 25063 WGH 51398 b 1 other appropriate organization, voluntary programs to 2 train operators of foster family homes and day care homes 3 in first aid and cardiopulmonary resuscitation; 4 (5) The appropriateness, safety, cleanliness, and 5 general adequacy of the premises, including maintenance of 6 adequate fire prevention and health standards conforming 7 to State laws and municipal codes to provide for the 8 physical comfort, care, and well-being of children 9 received; 10 (6) Provisions for food, clothing, educational 11 opportunities, program, equipment and individual supplies 12 to assure the healthy physical, mental, and spiritual 13 development of children served; 14 (7) Provisions to safeguard the legal rights of 15 children served; 16 (8) Maintenance of records pertaining to the 17 admission, progress, health, and discharge of children, 18 including, for day care centers and day care homes, 19 records indicating each child has been immunized as 20 required by State regulations. The Department shall 21 require proof that children enrolled in a facility have 22 been immunized against Haemophilus Influenzae B (HIB); 23 (9) Filing of reports with the Department; 24 (10) Discipline of children; 25 (11) Protection and fostering of the particular 26 religious faith of the children served; HB1596- 155 -LRB103 25063 WGH 51398 b 1 (12) Provisions prohibiting firearms on day care 2 center premises except in the possession of peace 3 officers; 4 (13) Provisions prohibiting handguns on day care home 5 premises except in the possession of peace officers or 6 other adults who must possess a handgun as a condition of 7 employment and who reside on the premises of a day care 8 home; 9 (14) Provisions requiring that any firearm permitted 10 on day care home premises, except handguns in the 11 possession of peace officers, shall be kept in a 12 disassembled state, without ammunition, in locked storage, 13 inaccessible to children and that ammunition permitted on 14 day care home premises shall be kept in locked storage 15 separate from that of disassembled firearms, inaccessible 16 to children; 17 (15) Provisions requiring notification of parents or 18 guardians enrolling children at a day care home of the 19 presence in the day care home of any firearms and 20 ammunition and of the arrangements for the separate, 21 locked storage of such firearms and ammunition; 22 (16) Provisions requiring all licensed child care 23 facility employees who care for newborns and infants to 24 complete training every 3 years on the nature of sudden 25 unexpected infant death (SUID), sudden infant death 26 syndrome (SIDS), and the safe sleep recommendations of the HB1596- 156 -LRB103 25063 WGH 51398 b 1 American Academy of Pediatrics; and 2 (17) With respect to foster family homes, provisions 3 requiring the Department to review quality of care 4 concerns and to consider those concerns in determining 5 whether a foster family home is qualified to care for 6 children. 7 By July 1, 2022, all licensed day care home providers, 8licensed group day care home providers, and licensed day care 9center directors and classroom staff shall participate in at 10least one training that includes the topics of early childhood 11social emotional learning, infant and early childhood mental 12health, early childhood trauma, or adverse childhood 13experiences. Current licensed providers, directors, and 14classroom staff shall complete training by July 1, 2022 and 15shall participate in training that includes the above topics 16at least once every 3 years. 17 (b) If, in a facility for general child care, there are 18children diagnosed as mentally ill or children diagnosed as 19having an intellectual or physical disability, who are 20determined to be in need of special mental treatment or of 21nursing care, or both mental treatment and nursing care, the 22Department shall seek the advice and recommendation of the 23Department of Human Services, the Department of Public Health, 24or both Departments regarding the residential treatment and 25nursing care provided by the institution. 26 (c) The Department shall investigate any person applying HB1596- 157 -LRB103 25063 WGH 51398 b 1to be licensed as a foster parent to determine whether there is 2any evidence of current drug or alcohol abuse in the 3prospective foster family. The Department shall not license a 4person as a foster parent if drug or alcohol abuse has been 5identified in the foster family or if a reasonable suspicion 6of such abuse exists, except that the Department may grant a 7foster parent license to an applicant identified with an 8alcohol or drug problem if the applicant has successfully 9participated in an alcohol or drug treatment program, 10self-help group, or other suitable activities and if the 11Department determines that the foster family home can provide 12a safe, appropriate environment and meet the physical and 13emotional needs of children. 14 (d) The Department, in applying standards prescribed and 15published, as herein provided, shall offer consultation 16through employed staff or other qualified persons to assist 17applicants and licensees in meeting and maintaining minimum 18requirements for a license and to help them otherwise to 19achieve programs of excellence related to the care of children 20served. Such consultation shall include providing information 21concerning education and training in early childhood 22development to providers of day care home services. The 23Department may provide or arrange for such education and 24training for those providers who request such assistance. 25 (e) The Department shall distribute copies of licensing 26standards to all licensees and applicants for a license. Each HB1596- 158 -LRB103 25063 WGH 51398 b 1licensee or holder of a permit shall distribute copies of the 2appropriate licensing standards and any other information 3required by the Department to child care facilities under its 4supervision. Each licensee or holder of a permit shall 5maintain appropriate documentation of the distribution of the 6standards. Such documentation shall be part of the records of 7the facility and subject to inspection by authorized 8representatives of the Department. 9 (f) The Department shall prepare summaries of day care 10licensing standards. Each licensee or holder of a permit for a 11day care facility shall distribute a copy of the appropriate 12summary and any other information required by the Department, 13to the legal guardian of each child cared for in that facility 14at the time when the child is enrolled or initially placed in 15the facility. The licensee or holder of a permit for a day care 16facility shall secure appropriate documentation of the 17distribution of the summary and brochure. Such documentation 18shall be a part of the records of the facility and subject to 19inspection by an authorized representative of the Department. 20 (g) The Department shall distribute to each licensee and 21holder of a permit copies of the licensing or permit standards 22applicable to such person's facility. Each licensee or holder 23of a permit shall make available by posting at all times in a 24common or otherwise accessible area a complete and current set 25of licensing standards in order that all employees of the 26facility may have unrestricted access to such standards. All HB1596- 159 -LRB103 25063 WGH 51398 b 1employees of the facility shall have reviewed the standards 2and any subsequent changes. Each licensee or holder of a 3permit shall maintain appropriate documentation of the current 4review of licensing standards by all employees. Such records 5shall be part of the records of the facility and subject to 6inspection by authorized representatives of the Department. 7 (h) Any standards involving physical examinations, 8immunization, or medical treatment shall include appropriate 9exemptions for children whose parents object thereto on the 10grounds that they conflict with the tenets and practices of a 11recognized church or religious organization, of which the 12parent is an adherent or member, and for children who should 13not be subjected to immunization for clinical reasons. 14 (i) The Department, in cooperation with the Department of 15Public Health, shall work to increase immunization awareness 16and participation among parents of children enrolled in day 17care centers and day care homes by publishing on the 18Department's website information about the benefits of 19immunization against vaccine preventable diseases, including 20influenza and pertussis. The information for vaccine 21preventable diseases shall include the incidence and severity 22of the diseases, the availability of vaccines, and the 23importance of immunizing children and persons who frequently 24have close contact with children. The website content shall be 25reviewed annually in collaboration with the Department of 26Public Health to reflect the most current recommendations of HB1596- 160 -LRB103 25063 WGH 51398 b 1the Advisory Committee on Immunization Practices (ACIP). The 2Department shall work with day care centers and day care homes 3licensed under this Act to ensure that the information is 4annually distributed to parents in August or September. 5 (j) Any standard adopted by the Department that requires 6an applicant for a license to operate a day care home to 7include a copy of a high school diploma or equivalent 8certificate with the person's his or her application shall be 9deemed to be satisfied if the applicant includes a copy of a 10high school diploma or equivalent certificate or a copy of a 11degree from an accredited institution of higher education or 12vocational institution or equivalent certificate. 13(Source: P.A. 102-4, eff. 4-27-21.) 14 (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) 15 Sec. 7.2. Employer discrimination. (a) For purposes of 16this Section, "employer" means a licensee or holder of a 17permit subject to this Act. "Employee" means an employee of 18such an employer. 19 (b) No employer shall discharge, demote or suspend, or 20threaten to discharge, demote or suspend, or in any manner 21discriminate against any employee who: 22 (1) Makes any good faith oral or written complaint of any 23employer's violation of any licensing or other laws (including 24but not limited to laws concerning child abuse or the 25transportation of children) which may result in closure of the HB1596- 161 -LRB103 25063 WGH 51398 b 1facility pursuant to Section 11.2 of this Act to the 2Department or other agency having statutory responsibility for 3the enforcement of such laws or to the employer or 4representative of the employer; 5 (2) Institutes or causes to be instituted against any 6employer any proceeding concerning the violation of any 7licensing or other laws, including a proceeding to revoke or 8to refuse to renew a license under Section 9 of this Act; 9 (3) Is or will be a witness or testify in any proceeding 10concerning the violation of any licensing or other laws, 11including a proceeding to revoke or to refuse to renew a 12license under Section 9 of this Act; or 13 (4) Refuses to perform work in violation of a licensing or 14other law or regulation after notifying the employer of the 15violation. 16 (c)(1) A claim by an employee alleging an employer's 17violation of subsection (b) of this Section shall be presented 18to the employer within 30 days after the date of the action 19complained of and shall be filed with the Department of Labor 20within 60 days after the date of the action complained of. 21 (2) Upon receipt of the complaint, the Department of Labor 22shall conduct whatever investigation it deems appropriate, and 23may hold a hearing. After investigation or hearing, the 24Department of Labor shall determine whether the employer has 25violated subsection (b) of this Section and it shall notify 26the employer and the employee of its determination. HB1596- 162 -LRB103 25063 WGH 51398 b 1 (3) If the Department of Labor determines that the 2employer has violated subsection (b) of this Section, and the 3employer refuses to take remedial action to comply with the 4determination, the Department of Labor shall so notify the 5Attorney General, who shall bring an action against the 6employer in the circuit court seeking enforcement of its 7determination. The court may order any appropriate relief, 8including rehiring and reinstatement of the employee to the 9person's his or her former position with backpay and other 10benefits. 11 (d) Except for any grievance procedure, arbitration or 12hearing which is available to the employee pursuant to a 13collective bargaining agreement, this Section shall be the 14exclusive remedy for an employee complaining of any action 15described in subsection (b). 16 (e) Any employer who willfully wilfully refuses to rehire, 17promote or otherwise restore an employee or former employee 18who has been determined eligible for rehiring or promotion as 19a result of any grievance procedure, arbitration or hearing 20authorized by law shall be guilty of a Class A misdemeanor. 21(Source: P.A. 85-987.) 22 (225 ILCS 10/7.3) 23 Sec. 7.3. Children placed by private child welfare agency. 24 (a) Before placing a child who is a youth in care in a 25foster family home, a private child welfare agency must HB1596- 163 -LRB103 25063 WGH 51398 b 1ascertain (i) whether any other children who are youth in care 2have been placed in that home and (ii) whether every such child 3who has been placed in that home continues to reside in that 4home, unless the child has been transferred to another 5placement or is no longer a youth in care. The agency must keep 6a record of every other child welfare agency that has placed 7such a child in that foster family home; the record must 8include the name and telephone number of a contact person at 9each such agency. 10 (b) At least once every 30 days, a private child welfare 11agency that places youth in care in foster family homes must 12make a site visit to every such home where it has placed a 13youth in care. The purpose of the site visit is to verify that 14the child continues to reside in that home and to verify the 15child's safety and well-being. The agency must document the 16verification in its records. If a private child welfare agency 17fails to comply with the requirements of this subsection, the 18Department must suspend all payments to the agency until the 19agency complies. 20 (c) The Department must periodically (but no less often 21than once every 6 months) review the child placement records 22of each private child welfare agency that places youth in 23care. 24 (d) If a child placed in a foster family home is missing, 25the foster parent must promptly report that fact to the 26Department or to the child welfare agency that placed the HB1596- 164 -LRB103 25063 WGH 51398 b 1child in the home. If the foster parent fails to make such a 2report, the Department shall put the home on hold for the 3placement of other children and initiate corrective action 4that may include revocation of the foster parent's license to 5operate the foster family home. A foster parent who knowingly 6and willfully fails to report a missing foster child under 7this subsection is guilty of a Class A misdemeanor. 8 (e) If a private child welfare agency determines that a 9youth in care whom it has placed in a foster family home no 10longer resides in that home, the agency must promptly report 11that fact to the Department. If the agency fails to make such a 12report, the Department shall put the agency on hold for the 13placement of other children and initiate corrective action 14that may include revocation of the agency's license. 15 (f) When a child is missing from a foster home, the 16Department or private agency in charge of case management 17shall report regularly to the foster parent concerning efforts 18to locate the missing child. 19 (g) The Department must strive to account for the status 20and whereabouts of every one of its youth in care who it 21determines is not residing in the authorized placement in 22which the youth he or she was placed. 23(Source: P.A. 100-159, eff. 8-18-17.) 24 (225 ILCS 10/7.4) 25 Sec. 7.4. Disclosures. HB1596- 165 -LRB103 25063 WGH 51398 b 1 (a) Every licensed child welfare agency providing adoption 2services shall provide to all prospective clients and to the 3public written disclosures with respect to its adoption 4services, policies, and practices, including general 5eligibility criteria, fees, and the mutual rights and 6responsibilities of clients, including birth biological 7parents and adoptive parents. The written disclosure shall be 8posted on any website maintained by the child welfare agency 9that relates to adoption services. The Department shall adopt 10rules relating to the contents of the written disclosures. 11Eligible agencies may be deemed compliant with this subsection 12(a). 13 (b) Every licensed child welfare agency providing adoption 14services shall provide to all applicants, prior to 15application, a written schedule of estimated fees, expenses, 16and refund policies. Every child welfare agency providing 17adoption services shall have a written policy that shall be 18part of its standard adoption contract and state that it will 19not charge additional fees and expenses beyond those disclosed 20in the adoption contract unless additional fees are reasonably 21required by the circumstances and are disclosed to the 22adoptive parents or parent before they are incurred. The 23Department shall adopt rules relating to the contents of the 24written schedule and policy. Eligible agencies may be deemed 25compliant with this subsection (b). 26 (c) Every licensed child welfare agency providing adoption HB1596- 166 -LRB103 25063 WGH 51398 b 1services must make full and fair disclosure to its clients, 2including birth biological parents and adoptive parents, of 3all circumstances material to the placement of a child for 4adoption. The Department shall adopt rules necessary for the 5implementation and regulation of the requirements of this 6subsection (c). 7 (c-5) Whenever a licensed child welfare agency places a 8child in a licensed foster family home or an adoption-only 9home, the agency shall provide the following to the caretaker 10or prospective adoptive parent: 11 (1) Available detailed information concerning the 12 child's educational and health history, copies of 13 immunization records (including insurance and medical card 14 information), a history of the child's previous 15 placements, if any, and reasons for placement changes, 16 excluding any information that identifies or reveals the 17 location of any previous caretaker. 18 (2) A copy of the child's portion of the client 19 service plan, including any visitation arrangement, and 20 all amendments or revisions to it as related to the child. 21 (3) Information containing details of the child's 22 individualized educational plan when the child is 23 receiving special education services. 24 (4) Any known social or behavioral information 25 (including, but not limited to, criminal background, fire 26 setting, perpetration of sexual abuse, destructive HB1596- 167 -LRB103 25063 WGH 51398 b 1 behavior, and substance abuse) necessary to care for and 2 safeguard the child. 3 The agency may prepare a written summary of the 4information required by this subsection, which may be provided 5to the foster or prospective adoptive parent in advance of a 6placement. The foster or prospective adoptive parent may 7review the supporting documents in the child's file in the 8presence of casework staff. In the case of an emergency 9placement, casework staff shall at least provide information 10verbally, if necessary, and must subsequently provide the 11information in writing as required by this subsection. In the 12case of emergency placements when time does not allow prior 13review, preparation, and collection of written information, 14the agency shall provide such information as it becomes 15available. 16 The Department shall adopt rules necessary for the 17implementation and regulation of the requirements of this 18subsection (c-5). 19 (d) Every licensed child welfare agency providing adoption 20services shall meet minimum standards set forth by the 21Department concerning the taking or acknowledging of a consent 22prior to taking or acknowledging a consent from a prospective 23birth biological parent. The Department shall adopt rules 24concerning the minimum standards required by agencies under 25this Section. 26(Source: P.A. 99-833, eff. 1-1-17.) HB1596- 168 -LRB103 25063 WGH 51398 b 1 (225 ILCS 10/7.6) 2 Sec. 7.6. Annual report. Every licensed child welfare 3agency providing adoption services shall file an annual report 4with the Department and with the Attorney General on forms and 5on a date prescribed by the Department. The annual reports for 6the preceding 2 years must be made available, upon request, to 7the public by the Department and every licensed agency and 8must be included on the website of the Department. Each 9licensed agency that maintains a website shall provide the 10reports on its website. The annual report shall include all of 11the following matters and all other matters required by the 12Department: 13 (1) a balance sheet and a statement of income and 14 expenses for the year, certified by an independent public 15 accountant; for purposes of this item (1), the audit 16 report filed by an agency with the Department may be 17 included in the annual report and, if so, shall be 18 sufficient to comply with the requirement of this item 19 (1); 20 (2) non-identifying information concerning the 21 placements made by the agency during the year, consisting 22 of the number of adoptive families in the process of 23 obtaining approval for an adoption-only home, the number 24 of adoptive families that are approved and awaiting 25 placement, the number of birth biological parents that the HB1596- 169 -LRB103 25063 WGH 51398 b 1 agency is actively working with, the number of placements, 2 and the number of adoptions initiated during the year and 3 the status of each matter at the end of the year; 4 (3) any instance during the year in which the agency 5 lost the right to provide adoption services in any State 6 or country, had its license suspended for cause, or was 7 the subject of other sanctions by any court, governmental 8 agency, or governmental regulatory body relating to the 9 provision of adoption services; 10 (4) any actions related to licensure that were 11 initiated against the agency during the year by a 12 licensing or accrediting body; 13 (5) any pending investigations by federal or State 14 authorities; 15 (6) any criminal charges, child abuse charges, 16 malpractice complaints, or lawsuits against the agency or 17 any of its employees, officers, or directors related to 18 the provision of adoption services and the basis or 19 disposition of the actions; 20 (7) any instance in the year where the agency was 21 found guilty of, or pled guilty to, any criminal or civil 22 or administrative violation under federal, State, or 23 foreign law that relates to the provision of adoption 24 services; 25 (8) any instance in the year where any employee, 26 officer, or director of the agency was found guilty of any HB1596- 170 -LRB103 25063 WGH 51398 b 1 crime or was determined to have violated a civil law or 2 administrative rule under federal, State, or foreign law 3 relating to the provision of adoption services; and 4 (9) any civil or administrative proceeding instituted 5 by the agency during the year and relating to adoption 6 services, excluding uncontested adoption proceedings and 7 proceedings filed pursuant to Section 12a of the Adoption 8 Act. 9 Failure to disclose information required under this 10Section may result in the suspension of the agency's license 11for a period of 90 days. Subsequent violations may result in 12revocation of the license. 13 Information disclosed in accordance with this Section 14shall be subject to the applicable confidentiality 15requirements of this Act and the Adoption Act. 16(Source: P.A. 99-833, eff. 1-1-17.) 17 (225 ILCS 10/7.7) 18 Sec. 7.7. Certain waivers prohibited. Licensed child 19welfare agencies providing adoption services shall not require 20birth biological or adoptive parents to sign any document that 21purports to waive claims against an agency for intentional or 22reckless acts or omissions or for gross negligence. Nothing in 23this Section shall require an agency to assume risks that are 24not within the reasonable control of the agency. 25(Source: P.A. 94-586, eff. 8-15-05.) HB1596- 171 -LRB103 25063 WGH 51398 b 1 (225 ILCS 10/9) (from Ch. 23, par. 2219) 2 Sec. 9. Prior to revocation or refusal to renew a license, 3the Department shall notify the licensee by registered mail 4with postage prepaid, at the address specified on the license, 5or at the address of the ranking or presiding officer of a 6board of directors, or any equivalent body conducting a child 7care facility, of the contemplated action and that the 8licensee may, within 10 days of such notification, dating from 9the postmark of the registered mail, request in writing a 10public hearing before the Department, and, at the same time, 11may request a written statement of charges from the 12Department. 13 (a) Upon written request by the licensee, the Department 14shall furnish such written statement of charges, and, at the 15same time, shall set the date and place for the hearing. The 16charges and notice of the hearing shall be delivered by 17registered mail with postage prepaid, and the hearing must be 18held within 30 days, dating from the date of the postmark of 19the registered mail, except that notification must be made at 20least 15 days in advance of the date set for the hearing. 21 (b) If no request for a hearing is made within 10 days 22after notification, or if the Department determines, upon 23holding a hearing, that the license should be revoked or 24renewal denied, then the license shall be revoked or renewal 25denied. HB1596- 172 -LRB103 25063 WGH 51398 b 1 (c) Upon the hearing of proceedings in which the license 2is revoked, renewal of license is refused or full license is 3denied, the Director of the Department, or any officer or 4employee duly authorized by the Director him in writing, may 5administer oaths and the Department may procure, by its 6subpoena, the attendance of witnesses and the production of 7relevant books and papers. 8 (d) At the time and place designated, the Director of the 9Department or the officer or employee authorized by the 10Director him in writing, shall hear the charges, and both the 11Department and the licensee shall be allowed to present in 12person or by counsel such statements, testimony and evidence 13as may be pertinent to the charges or to the defense thereto. 14The hearing officer may continue such hearing from time to 15time, but not to exceed a single period of 30 days, unless 16special extenuating circumstances make further continuance 17feasible. 18(Source: P.A. 83-1362.) 19 (225 ILCS 10/9.1b) 20 Sec. 9.1b. Complaint procedures. All child welfare 21agencies providing adoption services shall be required by the 22Department to have complaint policies and procedures that 23shall be provided in writing to their prospective clients, 24including birth biological parents, adoptive parents, and 25adoptees that they have served, at the earliest time possible, HB1596- 173 -LRB103 25063 WGH 51398 b 1and, in the case of birth biological and adoptive parents, 2prior to placement or prior to entering into any written 3contract with the clients. These complaint procedures must be 4filed with the Department within 6 months after the effective 5date of this amendatory Act of the 94th General Assembly. 6Failure to comply with this Section may result in the 7suspension of licensure for a period of 90 days. Subsequent 8violations may result in licensure revocation. The Department 9shall adopt rules that describe the complaint procedures 10required by each agency. These rules shall include without 11limitation prompt complaint response time, recording of the 12complaints, prohibition of agency retaliation against the 13person making the complaint, and agency reporting of all 14complaints to the Department in a timely manner. Any agency 15that maintains a website shall post the prescribed complaint 16procedures and its license number, as well as the statewide 17toll-free complaint registry telephone number, on its website. 18(Source: P.A. 94-586, eff. 8-15-05.) 19 (225 ILCS 10/12) (from Ch. 23, par. 2222) 20 Sec. 12. Advertisements. 21 (a) In this Section, "advertise" means communication by 22any public medium originating or distributed in this State, 23including, but not limited to, newspapers, periodicals, 24telephone book listings, outdoor advertising signs, radio, or 25television. HB1596- 174 -LRB103 25063 WGH 51398 b 1 (b) A child care facility or child welfare agency licensed 2or operating under a permit issued by the Department may 3publish advertisements for the services that the facility is 4specifically licensed or issued a permit under this Act to 5provide. A person, group of persons, agency, association, 6organization, corporation, institution, center, or group who 7advertises or causes to be published any advertisement 8offering, soliciting, or promising to perform adoption 9services as defined in Section 2.24 of this Act is guilty of a 10Class A misdemeanor and shall be subject to a fine not to 11exceed $10,000 or 9 months imprisonment for each 12advertisement, unless that person, group of persons, agency, 13association, organization, corporation, institution, center, 14or group is (i) licensed or operating under a permit issued by 15the Department as a child care facility or child welfare 16agency, (ii) a birth biological parent or a prospective 17adoptive parent acting on the birth parent's or prospective 18adoptive parent's his or her own behalf, or (iii) a licensed 19attorney advertising the licensed attorney's his or her 20availability to provide legal services relating to adoption, 21as permitted by law. 22 (c) Every advertisement published after the effective date 23of this amendatory Act of the 94th General Assembly shall 24include the Department-issued license number of the facility 25or agency. 26 (d) Any licensed child welfare agency providing adoption HB1596- 175 -LRB103 25063 WGH 51398 b 1services that, after the effective date of this amendatory Act 2of the 94th General Assembly, causes to be published an 3advertisement containing reckless or intentional 4misrepresentations concerning adoption services or 5circumstances material to the placement of a child for 6adoption is guilty of a Class A misdemeanor and is subject to a 7fine not to exceed $10,000 or 9 months imprisonment for each 8advertisement. 9 (e) An out-of-state agency that is not licensed in 10Illinois and that has a written interagency agreement with one 11or more Illinois licensed child welfare agencies may advertise 12under this Section, provided that (i) the out-of-state agency 13must be officially recognized by the United States Internal 14Revenue Service as a tax-exempt organization under 501(c)(3) 15of the Internal Revenue Code of 1986 (or any successor 16provision of federal tax law), (ii) the out-of-state agency 17provides only international adoption services and is covered 18by the Intercountry Adoption Act of 2000, (iii) the 19out-of-state agency displays, in the advertisement, the 20license number of at least one of the Illinois licensed child 21welfare agencies with which it has a written agreement, and 22(iv) the advertisements pertain only to international adoption 23services. Subsection (d) of this Section shall apply to any 24out-of-state agencies described in this subsection (e). 25 (f) An advertiser, publisher, or broadcaster, including, 26but not limited to, newspapers, periodicals, telephone book HB1596- 176 -LRB103 25063 WGH 51398 b 1publishers, outdoor advertising signs, radio stations, or 2television stations, who knowingly or recklessly advertises or 3publishes any advertisement offering, soliciting, or promising 4to perform adoption services, as defined in Section 2.24 of 5this Act, on behalf of a person, group of persons, agency, 6association, organization, corporation, institution, center, 7or group, not authorized to advertise under subsection (b) or 8subsection (e) of this Section, is guilty of a Class A 9misdemeanor and is subject to a fine not to exceed $10,000 or 9 10months imprisonment for each advertisement. 11 (g) The Department shall maintain a website listing child 12welfare agencies licensed by the Department that provide 13adoption services and other general information for birth 14biological parents and adoptive parents. The website shall 15include, but not be limited to, agency addresses, phone 16numbers, e-mail addresses, website addresses, annual reports 17as referenced in Section 7.6 of this Act, agency license 18numbers, the Birth Parent Bill of Rights, the Adoptive Parents 19Bill of Rights, and the Department's complaint registry 20established under Section 9.1a of this Act. The Department 21shall adopt any rules necessary to implement this Section. 22 (h) Nothing in this Act shall prohibit a day care agency, 23day care center, day care home, or group day care home that 24does not provide or perform adoption services, as defined in 25Section 2.24 of this Act, from advertising or marketing the 26day care agency, day care center, day care home, or group day HB1596- 177 -LRB103 25063 WGH 51398 b 1care home. 2(Source: P.A. 100-406, eff. 1-1-18.) 3 (225 ILCS 10/14.5) 4 Sec. 14.5. Offering, providing, or co-signing a loan or 5other credit accommodation. No person or entity shall offer, 6provide, or co-sign a loan or other credit accommodation, 7directly or indirectly, with a birth biological parent or a 8relative of a birth biological parent based on the contingency 9of a surrender or placement of a child for adoption. 10(Source: P.A. 93-1063, eff. 6-1-05.) 11 (225 ILCS 10/14.7) 12 Sec. 14.7. Payments to birth biological parents. 13 (a) Payment of reasonable living expenses by a child 14welfare agency shall not obligate the birth biological parents 15to place the child for adoption. In the event that the birth 16biological parents choose not to place the child for adoption, 17the child welfare agency shall have no right to seek 18reimbursement from the birth biological parents, or from any 19relative of the birth biological parents, of moneys paid to, 20or on behalf of, the birth biological parents, except as 21provided in subsection (b) of this Section. 22 (b) Notwithstanding subsection (a) of this Section, a 23child welfare agency may seek reimbursement of reasonable 24living expenses from a person who receives such payments only HB1596- 178 -LRB103 25063 WGH 51398 b 1if the person who accepts payment of reasonable living 2expenses before the child's birth, as described in subsection 3(a) of this Section, knows that the person on whose behalf they 4are accepting payment is not pregnant at the time of the 5receipt of such payments or the person receives reimbursement 6for reasonable living expenses simultaneously from more than 7one child welfare agency without the agencies' knowledge. 8(Source: P.A. 94-586, eff. 8-15-05.) 9 (225 ILCS 10/18) (from Ch. 23, par. 2228) 10 Sec. 18. Any person, group of persons, association or 11corporation who 12 (1) conducts, operates or acts as a child care facility 13without a license or permit to do so in violation of Section 3 14of this Act; 15 (2) makes materially false statements in order to obtain a 16license or permit; 17 (3) fails to keep the records and make the reports 18provided under this Act; 19 (4) advertises any service not authorized by license or 20permit held; 21 (5) publishes any advertisement in violation of this Act; 22 (6) receives within this State any child in violation of 23Section 16 of this Act; or 24 (7) violates any other provision of this Act or any 25reasonable rule or regulation adopted and published by the HB1596- 179 -LRB103 25063 WGH 51398 b 1Department for the enforcement of the provisions of this Act, 2is guilty of a Class A misdemeanor and in case of an 3association or corporation, imprisonment may be imposed upon 4its officers who knowingly participated in the violation. 5 Any child care facility that continues to operate after 6its license is revoked under Section 8 of this Act or after its 7license expires and the Department refused to renew the 8license as provided in Section 8 of this Act is guilty of a 9business offense and shall be fined an amount in excess of $500 10but not exceeding $10,000, and each day of violation is a 11separate offense. 12 In a prosecution under this Act, a defendant who relies 13upon the relationship of any child to the defendant himself 14has the burden of proof as to that relationship. 15(Source: P.A. 83-1362.) 16 Section 50. The Abandoned Newborn Infant Protection Act is 17amended by changing Sections 10, 15, 30, and 35 as follows: 18 (325 ILCS 2/10) 19 Sec. 10. Definitions. In this Act: 20 "Abandon" has the same meaning as in the Abused and 21Neglected Child Reporting Act. 22 "Abused child" has the same meaning as in the Abused and 23Neglected Child Reporting Act. 24 "Child-placing agency" means a licensed public or private HB1596- 180 -LRB103 25063 WGH 51398 b 1agency that receives a child for the purpose of placing or 2arranging for the placement of the child in a foster family 3home or other facility for child care, apart from the custody 4of the child's parents. 5 "Department" or "DCFS" means the Illinois Department of 6Children and Family Services. 7 "Emergency medical facility" means a freestanding 8emergency center or trauma center, as defined in the Emergency 9Medical Services (EMS) Systems Act. 10 "Emergency medical professional" includes licensed 11physicians, and any emergency medical technician, emergency 12medical technician-intermediate, advanced emergency medical 13technician, paramedic, trauma nurse specialist, and 14pre-hospital registered nurse, as defined in the Emergency 15Medical Services (EMS) Systems Act. 16 "Fire station" means a fire station within the State with 17at least one staff person. 18 "Hospital" has the same meaning as in the Hospital 19Licensing Act. 20 "Legal custody" means the relationship created by a court 21order in the best interest of a newborn infant that imposes on 22the infant's custodian the responsibility of physical 23possession of the infant, the duty to protect, train, and 24discipline the infant, and the duty to provide the infant with 25food, shelter, education, and medical care, except as these 26are limited by parental rights and responsibilities. HB1596- 181 -LRB103 25063 WGH 51398 b 1 "Neglected child" has the same meaning as in the Abused 2and Neglected Child Reporting Act. 3 "Newborn infant" means a child who a licensed physician 4reasonably believes is 30 days old or less at the time the 5child is initially relinquished to a hospital, police station, 6fire station, or emergency medical facility, and who is not an 7abused or a neglected child. 8 "Police station" means a municipal police station, a 9county sheriff's office, a campus police department located on 10any college or university owned or controlled by the State or 11any private college or private university that is not owned or 12controlled by the State when employees of the campus police 13department are present, or any of the district headquarters of 14the Illinois State Police. 15 "Relinquish" means to bring a newborn infant, who a 16licensed physician reasonably believes is 30 days old or less, 17to a hospital, police station, fire station, or emergency 18medical facility and to leave the infant with personnel of the 19facility, if the person leaving the infant does not express an 20intent to return for the infant or states that the person he or 21she will not return for the infant. In the case of a person 22mother who gives birth to an infant in a hospital, the person's 23mother's act of leaving that newborn infant at the hospital 24(i) without expressing an intent to return for the infant or 25(ii) stating that the person she will not return for the infant 26is not a "relinquishment" under this Act. HB1596- 182 -LRB103 25063 WGH 51398 b 1 "Temporary protective custody" means the temporary 2placement of a newborn infant within a hospital or other 3medical facility out of the custody of the infant's parent. 4(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.) 5 (325 ILCS 2/15) 6 Sec. 15. Presumptions. 7 (a) There is a presumption that by relinquishing a newborn 8infant in accordance with this Act, the infant's parent 9consents to the termination of the parent's his or her 10parental rights with respect to the infant. 11 (b) There is a presumption that a person relinquishing a 12newborn infant in accordance with this Act: 13 (1) is the newborn infant's birth biological parent; 14 and 15 (2) either without expressing an intent to return for 16 the infant or expressing an intent not to return for the 17 infant, did intend to relinquish the infant to the 18 hospital, police station, fire station, or emergency 19 medical facility to treat, care for, and provide for the 20 infant in accordance with this Act. 21 (c) A parent of a relinquished newborn infant may rebut 22the presumption set forth in either subsection (a) or 23subsection (b) pursuant to Section 55, at any time before the 24termination of the parent's parental rights. 25(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; HB1596- 183 -LRB103 25063 WGH 51398 b 193-820, eff. 7-27-04.) 2 (325 ILCS 2/30) 3 Sec. 30. Anonymity of relinquishing person. If there is 4no evidence of abuse or neglect of a relinquished newborn 5infant, the relinquishing person has the right to remain 6anonymous and to leave the hospital, police station, fire 7station, or emergency medical facility at any time and not be 8pursued or followed. Before the relinquishing person leaves 9the hospital, police station, fire station, or emergency 10medical facility, the hospital, police station, fire station, 11or emergency medical facility personnel shall (i) verbally 12inform the relinquishing person that by relinquishing the 13child anonymously, the relinquishing person he or she will 14have to petition the court if the relinquishing person he or 15she desires to prevent the termination of parental rights and 16regain custody of the child and (ii) shall offer the 17relinquishing person the information packet described in 18Section 35 of this Act. However, nothing in this Act shall be 19construed as precluding the relinquishing person from 20providing the relinquishing person's his or her identity or 21completing the application forms for the Illinois Adoption 22Registry and Medical Information Exchange and requesting that 23the hospital, police station, fire station, or emergency 24medical facility forward those forms to the Illinois Adoption 25Registry and Medical Information Exchange. HB1596- 184 -LRB103 25063 WGH 51398 b 1(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 293-820, eff. 7-27-04.) 3 (325 ILCS 2/35) 4 Sec. 35. Information for relinquishing person. 5 (a) A hospital, police station, fire station, or emergency 6medical facility that receives a newborn infant relinquished 7in accordance with this Act must offer an information packet 8to the relinquishing person and, if possible, must clearly 9inform the relinquishing person that the relinquishing 10person's his or her acceptance of the information is 11completely voluntary. The information packet must include all 12of the following: 13 (1) (Blank). 14 (2) Written notice of the following: 15 (A) No sooner than 60 days following the date of 16 the initial relinquishment of the infant to a 17 hospital, police station, fire station, or emergency 18 medical facility, the child-placing agency or the 19 Department will commence proceedings for the 20 termination of parental rights and placement of the 21 infant for adoption. 22 (B) Failure of a parent of the infant to contact 23 the Department and petition for the return of custody 24 of the infant before termination of parental rights 25 bars any future action asserting legal rights with HB1596- 185 -LRB103 25063 WGH 51398 b 1 respect to the infant. 2 (3) A resource list of providers of counseling 3 services including grief counseling, pregnancy counseling, 4 and counseling regarding adoption and other available 5 options for placement of the infant. 6 Upon request of a parent, the Department of Public Health 7shall provide the application forms for the Illinois Adoption 8Registry and Medical Information Exchange. 9 (b) The information packet given to a relinquishing parent 10in accordance with this Act shall include, in addition to 11other information required under this Act, the following: 12 (1) A brochure (with a self-mailer attached) that 13 describes this Act and the rights of birth parents, 14 including an optional section for the parent to complete 15 and mail to the Department of Children and Family 16 Services, that shall ask for basic anonymous background 17 information about the relinquished child. This brochure 18 shall be maintained by the Department on its website. 19 (2) A brochure that describes the Illinois Adoption 20 Registry, including a toll-free number and website 21 information. This brochure shall be maintained on the 22 Office of Vital Records website. 23 (3) A brochure describing postpartum health 24 information for the mother. 25 The information packet shall be designed in coordination 26between the Office of Vital Records and the Department of HB1596- 186 -LRB103 25063 WGH 51398 b 1Children and Family Services, with the exception of the 2resource list of providers of counseling services and adoption 3agencies, which shall be provided by the hospital, fire 4station, police station, sheriff's office, or emergency 5medical facility. 6(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.) 7 Section 55. The Abused and Neglected Child Reporting Act 8is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5, 95, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a, 1011.3, 11.5, and 11.8 as follows: 11 (325 ILCS 5/2.1) (from Ch. 23, par. 2052.1) 12 Sec. 2.1. Any person or family seeking assistance in 13meeting child care responsibilities may use the services and 14facilities established by this Act which may assist in meeting 15such responsibilities. Whether or not the problem presented 16constitutes child abuse or neglect, such persons or families 17shall be referred to appropriate resources or agencies. No 18person seeking assistance under this Section shall be required 19to give the person's his name or any other identifying 20information. 21(Source: P.A. 81-1077.) 22 (325 ILCS 5/3) (from Ch. 23, par. 2053) 23 Sec. 3. As used in this Act unless the context otherwise HB1596- 187 -LRB103 25063 WGH 51398 b 1requires: 2 "Adult resident" means any person between 18 and 22 years 3of age who resides in any facility licensed by the Department 4under the Child Care Act of 1969. For purposes of this Act, the 5criteria set forth in the definitions of "abused child" and 6"neglected child" shall be used in determining whether an 7adult resident is abused or neglected. 8 "Agency" means a child care facility licensed under 9Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 10includes a transitional living program that accepts children 11and adult residents for placement who are in the guardianship 12of the Department. 13 "Blatant disregard" means an incident where the real, 14significant, and imminent risk of harm would be so obvious to a 15reasonable parent or caretaker that it is unlikely that a 16reasonable parent or caretaker would have exposed the child to 17the danger without exercising precautionary measures to 18protect the child from harm. With respect to a person working 19at an agency in the person's his or her professional capacity 20with a child or adult resident, "blatant disregard" includes a 21failure by the person to perform job responsibilities intended 22to protect the child's or adult resident's health, physical 23well-being, or welfare, and, when viewed in light of the 24surrounding circumstances, evidence exists that would cause a 25reasonable person to believe that the child was neglected. 26With respect to an agency, "blatant disregard" includes a HB1596- 188 -LRB103 25063 WGH 51398 b 1failure to implement practices that ensure the health, 2physical well-being, or welfare of the children and adult 3residents residing in the facility. 4 "Child" means any person under the age of 18 years, unless 5legally emancipated by reason of marriage or entry into a 6branch of the United States armed services. 7 "Department" means Department of Children and Family 8Services. 9 "Local law enforcement agency" means the police of a city, 10town, village or other incorporated area or the sheriff of an 11unincorporated area or any sworn officer of the Illinois State 12Police. 13 "Abused child" means a child whose parent or immediate 14family member, or any person responsible for the child's 15welfare, or any individual residing in the same home as the 16child, or a paramour of the child's parent: 17 (a) inflicts, causes to be inflicted, or allows to be 18 inflicted upon such child physical injury, by other than 19 accidental means, which causes death, disfigurement, 20 impairment of physical or emotional health, or loss or 21 impairment of any bodily function; 22 (b) creates a substantial risk of physical injury to 23 such child by other than accidental means which would be 24 likely to cause death, disfigurement, impairment of 25 physical or emotional health, or loss or impairment of any 26 bodily function; HB1596- 189 -LRB103 25063 WGH 51398 b 1 (c) commits or allows to be committed any sex offense 2 against such child, as such sex offenses are defined in 3 the Criminal Code of 2012 or in the Wrongs to Children Act, 4 and extending those definitions of sex offenses to include 5 children under 18 years of age; 6 (d) commits or allows to be committed an act or acts of 7 torture upon such child; 8 (e) inflicts excessive corporal punishment or, in the 9 case of a person working for an agency who is prohibited 10 from using corporal punishment, inflicts corporal 11 punishment upon a child or adult resident with whom the 12 person is working in the person's his or her professional 13 capacity; 14 (f) commits or allows to be committed the offense of 15 female genital mutilation, as defined in Section 12-34 of 16 the Criminal Code of 2012, against the child; 17 (g) causes to be sold, transferred, distributed, or 18 given to such child under 18 years of age, a controlled 19 substance as defined in Section 102 of the Illinois 20 Controlled Substances Act in violation of Article IV of 21 the Illinois Controlled Substances Act or in violation of 22 the Methamphetamine Control and Community Protection Act, 23 except for controlled substances that are prescribed in 24 accordance with Article III of the Illinois Controlled 25 Substances Act and are dispensed to such child in a manner 26 that substantially complies with the prescription; HB1596- 190 -LRB103 25063 WGH 51398 b 1 (h) commits or allows to be committed the offense of 2 involuntary servitude, involuntary sexual servitude of a 3 minor, or trafficking in persons as defined in Section 4 10-9 of the Criminal Code of 2012 against the child; or 5 (i) commits the offense of grooming, as defined in 6 Section 11-25 of the Criminal Code of 2012, against the 7 child. 8 A child shall not be considered abused for the sole reason 9that the child has been relinquished in accordance with the 10Abandoned Newborn Infant Protection Act. 11 "Neglected child" means any child who is not receiving the 12proper or necessary nourishment or medically indicated 13treatment including food or care not provided solely on the 14basis of the present or anticipated mental or physical 15impairment as determined by a physician acting alone or in 16consultation with other physicians or otherwise is not 17receiving the proper or necessary support or medical or other 18remedial care recognized under State law as necessary for a 19child's well-being, or other care necessary for the child's 20his or her well-being, including adequate food, clothing and 21shelter; or who is subjected to an environment which is 22injurious insofar as (i) the child's environment creates a 23likelihood of harm to the child's health, physical well-being, 24or welfare and (ii) the likely harm to the child is the result 25of a blatant disregard of parent, caretaker, person 26responsible for the child's welfare, or agency HB1596- 191 -LRB103 25063 WGH 51398 b 1responsibilities; or who is abandoned by the child's his or 2her parents or other person responsible for the child's 3welfare without a proper plan of care; or who has been provided 4with interim crisis intervention services under Section 3-5 of 5the Juvenile Court Act of 1987 and whose parent, guardian, or 6custodian refuses to permit the child to return home and no 7other living arrangement agreeable to the parent, guardian, or 8custodian can be made, and the parent, guardian, or custodian 9has not made any other appropriate living arrangement for the 10child; or who is a newborn infant whose blood, urine, or 11meconium contains any amount of a controlled substance as 12defined in subsection (f) of Section 102 of the Illinois 13Controlled Substances Act or a metabolite thereof, with the 14exception of a controlled substance or metabolite thereof 15whose presence in the newborn infant is the result of medical 16treatment administered to the person who gave birth mother or 17the newborn infant. A child shall not be considered neglected 18for the sole reason that the child's parent or other person 19responsible for the child's his or her welfare has left the 20child in the care of an adult relative for any period of time. 21A child shall not be considered neglected for the sole reason 22that the child has been relinquished in accordance with the 23Abandoned Newborn Infant Protection Act. A child shall not be 24considered neglected or abused for the sole reason that such 25child's parent or other person responsible for the child's his 26or her welfare depends upon spiritual means through prayer HB1596- 192 -LRB103 25063 WGH 51398 b 1alone for the treatment or cure of disease or remedial care as 2provided under Section 4 of this Act. A child shall not be 3considered neglected or abused solely because the child is not 4attending school in accordance with the requirements of 5Article 26 of The School Code, as amended. 6 "Child Protective Service Unit" means certain specialized 7State employees of the Department assigned by the Director to 8perform the duties and responsibilities as provided under 9Section 7.2 of this Act. 10 "Near fatality" means an act that, as certified by a 11physician, places the child in serious or critical condition, 12including acts of great bodily harm inflicted upon children 13under 13 years of age, and as otherwise defined by Department 14rule. 15 "Great bodily harm" includes bodily injury which creates a 16high probability of death, or which causes serious permanent 17disfigurement, or which causes a permanent or protracted loss 18or impairment of the function of any bodily member or organ, or 19other serious bodily harm. 20 "Person responsible for the child's welfare" means the 21child's parent; guardian; foster parent; relative caregiver; 22any person responsible for the child's welfare in a public or 23private residential agency or institution; any person 24responsible for the child's welfare within a public or private 25profit or not for profit child care facility; or any other 26person responsible for the child's welfare at the time of the HB1596- 193 -LRB103 25063 WGH 51398 b 1alleged abuse or neglect, including any person who commits or 2allows to be committed, against the child, the offense of 3involuntary servitude, involuntary sexual servitude of a 4minor, or trafficking in persons for forced labor or services, 5as provided in Section 10-9 of the Criminal Code of 2012, 6including, but not limited to, the custodian of the minor, or 7any person who came to know the child through an official 8capacity or position of trust, including, but not limited to, 9health care professionals, educational personnel, recreational 10supervisors, members of the clergy, and volunteers or support 11personnel in any setting where children may be subject to 12abuse or neglect. 13 "Temporary protective custody" means custody within a 14hospital or other medical facility or a place previously 15designated for such custody by the Department, subject to 16review by the Court, including a licensed foster home, group 17home, or other institution; but such place shall not be a jail 18or other place for the detention of criminal or juvenile 19offenders. 20 "An unfounded report" means any report made under this Act 21for which it is determined after an investigation that no 22credible evidence of abuse or neglect exists. 23 "An indicated report" means a report made under this Act 24if an investigation determines that credible evidence of the 25alleged abuse or neglect exists. 26 "An undetermined report" means any report made under this HB1596- 194 -LRB103 25063 WGH 51398 b 1Act in which it was not possible to initiate or complete an 2investigation on the basis of information provided to the 3Department. 4 "Subject of report" means any child reported to the 5central register of child abuse and neglect established under 6Section 7.7 of this Act as an alleged victim of child abuse or 7neglect and the parent or guardian of the alleged victim or 8other person responsible for the alleged victim's welfare who 9is named in the report or added to the report as an alleged 10perpetrator of child abuse or neglect. 11 "Perpetrator" means a person who, as a result of 12investigation, has been determined by the Department to have 13caused child abuse or neglect. 14 "Member of the clergy" means a clergyperson clergyman or 15practitioner of any religious denomination accredited by the 16religious body to which the clergyperson or practitioner he or 17she belongs. 18(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 19102-813, eff. 5-13-22.) 20 (325 ILCS 5/4) 21 Sec. 4. Persons required to report; privileged 22communications; transmitting false report. 23 (a) The following persons are required to immediately 24report to the Department when they have reasonable cause to 25believe that a child known to them in their professional or HB1596- 195 -LRB103 25063 WGH 51398 b 1official capacities may be an abused child or a neglected 2child: 3 (1) Medical personnel, including any: physician 4 licensed to practice medicine in any of its branches 5 (medical doctor or doctor of osteopathy); resident; 6 intern; medical administrator or personnel engaged in the 7 examination, care, and treatment of persons; psychiatrist; 8 surgeon; dentist; dental hygienist; chiropractic 9 physician; podiatric physician; physician assistant; 10 emergency medical technician; physical therapist; physical 11 therapy assistant; occupational therapist; occupational 12 therapy assistant; acupuncturist; registered nurse; 13 licensed practical nurse; advanced practice registered 14 nurse; genetic counselor; respiratory care practitioner; 15 home health aide; or certified nursing assistant. 16 (2) Social services and mental health personnel, 17 including any: licensed professional counselor; licensed 18 clinical professional counselor; licensed social worker; 19 licensed clinical social worker; licensed psychologist or 20 assistant working under the direct supervision of a 21 psychologist; associate licensed marriage and family 22 therapist; licensed marriage and family therapist; field 23 personnel of the Departments of Healthcare and Family 24 Services, Public Health, Human Services, Human Rights, or 25 Children and Family Services; supervisor or administrator 26 of the General Assistance program established under HB1596- 196 -LRB103 25063 WGH 51398 b 1 Article VI of the Illinois Public Aid Code; social 2 services administrator; or substance abuse treatment 3 personnel. 4 (3) Crisis intervention personnel, including any: 5 crisis line or hotline personnel; or domestic violence 6 program personnel. 7 (4) Education personnel, including any: school 8 personnel (including administrators and certified and 9 non-certified school employees); personnel of institutions 10 of higher education; educational advocate assigned to a 11 child in accordance with the School Code; member of a 12 school board or the Chicago Board of Education or the 13 governing body of a private school (but only to the extent 14 required under subsection (d)); or truant officer. 15 (5) Recreation or athletic program or facility 16 personnel; or an athletic trainer. 17 (6) Child care personnel, including any: early 18 intervention provider as defined in the Early Intervention 19 Services System Act; director or staff assistant of a 20 nursery school or a child day care center; or foster 21 parent, homemaker, or child care worker. 22 (7) Law enforcement personnel, including any: law 23 enforcement officer; field personnel of the Department of 24 Juvenile Justice; field personnel of the Department of 25 Corrections; probation officer; or animal control officer 26 or field investigator of the Department of Agriculture's HB1596- 197 -LRB103 25063 WGH 51398 b 1 Bureau of Animal Health and Welfare. 2 (8) Any funeral home director; funeral home director 3 and embalmer; funeral home employee; coroner; or medical 4 examiner. 5 (9) Any member of the clergy. 6 (10) Any physician, physician assistant, registered 7 nurse, licensed practical nurse, medical technician, 8 certified nursing assistant, licensed social worker, 9 licensed clinical social worker, or licensed professional 10 counselor of any office, clinic, licensed behavior 11 analyst, licensed assistant behavior analyst, or any other 12 physical location that provides abortions, abortion 13 referrals, or contraceptives. 14 (b) When 2 or more persons who work within the same 15workplace and are required to report under this Act share a 16reasonable cause to believe that a child may be an abused or 17neglected child, one of those reporters may be designated to 18make a single report. The report shall include the names and 19contact information for the other mandated reporters sharing 20the reasonable cause to believe that a child may be an abused 21or neglected child. The designated reporter must provide 22written confirmation of the report to those mandated reporters 23within 48 hours. If confirmation is not provided, those 24mandated reporters are individually responsible for 25immediately ensuring a report is made. Nothing in this Section 26precludes or may be used to preclude any person from reporting HB1596- 198 -LRB103 25063 WGH 51398 b 1child abuse or child neglect. 2 (c)(1) As used in this Section, "a child known to them in 3their professional or official capacities" means: 4 (A) the mandated reporter comes into contact with the 5 child in the course of the reporter's employment or 6 practice of a profession, or through a regularly scheduled 7 program, activity, or service; 8 (B) the mandated reporter is affiliated with an 9 agency, institution, organization, school, school 10 district, regularly established church or religious 11 organization, or other entity that is directly responsible 12 for the care, supervision, guidance, or training of the 13 child; or 14 (C) a person makes a specific disclosure to the 15 mandated reporter that an identifiable child is the victim 16 of child abuse or child neglect, and the disclosure 17 happens while the mandated reporter is engaged in the 18 reporter's his or her employment or practice of a 19 profession, or in a regularly scheduled program, activity, 20 or service. 21 (2) Nothing in this Section requires a child to come 22before the mandated reporter in order for the reporter to make 23a report of suspected child abuse or child neglect. 24 (d) If an allegation is raised to a school board member 25during the course of an open or closed school board meeting 26that a child who is enrolled in the school district of which HB1596- 199 -LRB103 25063 WGH 51398 b 1the person he or she is a board member is an abused child as 2defined in Section 3 of this Act, the member shall direct or 3cause the school board to direct the superintendent of the 4school district or other equivalent school administrator to 5comply with the requirements of this Act concerning the 6reporting of child abuse. For purposes of this paragraph, a 7school board member is granted the authority in that board 8member's his or her individual capacity to direct the 9superintendent of the school district or other equivalent 10school administrator to comply with the requirements of this 11Act concerning the reporting of child abuse. 12 Notwithstanding any other provision of this Act, if an 13employee of a school district has made a report or caused a 14report to be made to the Department under this Act involving 15the conduct of a current or former employee of the school 16district and a request is made by another school district for 17the provision of information concerning the job performance or 18qualifications of the current or former employee because the 19current or former employee he or she is an applicant for 20employment with the requesting school district, the general 21superintendent of the school district to which the request is 22being made must disclose to the requesting school district the 23fact that an employee of the school district has made a report 24involving the conduct of the applicant or caused a report to be 25made to the Department, as required under this Act. Only the 26fact that an employee of the school district has made a report HB1596- 200 -LRB103 25063 WGH 51398 b 1involving the conduct of the applicant or caused a report to be 2made to the Department may be disclosed by the general 3superintendent of the school district to which the request for 4information concerning the applicant is made, and this fact 5may be disclosed only in cases where the employee and the 6general superintendent have not been informed by the 7Department that the allegations were unfounded. An employee of 8a school district who is or has been the subject of a report 9made pursuant to this Act during the employee's his or her 10employment with the school district must be informed by that 11school district that if the employee he or she applies for 12employment with another school district, the general 13superintendent of the former school district, upon the request 14of the school district to which the employee applies, shall 15notify that requesting school district that the employee is or 16was the subject of such a report. 17 (e) Whenever such person is required to report under this 18Act in the person's his capacity as a member of the staff of a 19medical or other public or private institution, school, 20facility or agency, or as a member of the clergy, the person he 21shall make report immediately to the Department in accordance 22with the provisions of this Act and may also notify the person 23in charge of such institution, school, facility or agency, or 24church, synagogue, temple, mosque, or other religious 25institution, or his designated agent of the person in charge 26that such report has been made. Under no circumstances shall HB1596- 201 -LRB103 25063 WGH 51398 b 1any person in charge of such institution, school, facility or 2agency, or church, synagogue, temple, mosque, or other 3religious institution, or his designated agent of the person 4in charge to whom such notification has been made, exercise 5any control, restraint, modification or other change in the 6report or the forwarding of such report to the Department. 7 (f) In addition to the persons required to report 8suspected cases of child abuse or child neglect under this 9Section, any other person may make a report if such person has 10reasonable cause to believe a child may be an abused child or a 11neglected child. 12 (g) The privileged quality of communication between any 13professional person required to report and the professional 14person's his patient or client shall not apply to situations 15involving abused or neglected children and shall not 16constitute grounds for failure to report as required by this 17Act or constitute grounds for failure to share information or 18documents with the Department during the course of a child 19abuse or neglect investigation. If requested by the 20professional, the Department shall confirm in writing that the 21information or documents disclosed by the professional were 22gathered in the course of a child abuse or neglect 23investigation. 24 The reporting requirements of this Act shall not apply to 25the contents of a privileged communication between an attorney 26and the attorney's his or her client or to confidential HB1596- 202 -LRB103 25063 WGH 51398 b 1information within the meaning of Rule 1.6 of the Illinois 2Rules of Professional Conduct relating to the legal 3representation of an individual client. 4 A member of the clergy may claim the privilege under 5Section 8-803 of the Code of Civil Procedure. 6 (h) Any office, clinic, or any other physical location 7that provides abortions, abortion referrals, or contraceptives 8shall provide to all office personnel copies of written 9information and training materials about abuse and neglect and 10the requirements of this Act that are provided to employees of 11the office, clinic, or physical location who are required to 12make reports to the Department under this Act, and instruct 13such office personnel to bring to the attention of an employee 14of the office, clinic, or physical location who is required to 15make reports to the Department under this Act any reasonable 16suspicion that a child known to office personnel him or her in 17their his or her professional or official capacity may be an 18abused child or a neglected child. 19 (i) Any person who enters into employment on and after 20July 1, 1986 and is mandated by virtue of that employment to 21report under this Act, shall sign a statement on a form 22prescribed by the Department, to the effect that the employee 23has knowledge and understanding of the reporting requirements 24of this Act. On and after January 1, 2019, the statement shall 25also include information about available mandated reporter 26training provided by the Department. The statement shall be HB1596- 203 -LRB103 25063 WGH 51398 b 1signed prior to commencement of the employment. The signed 2statement shall be retained by the employer. The cost of 3printing, distribution, and filing of the statement shall be 4borne by the employer. 5 (j) Persons required to report child abuse or child 6neglect as provided under this Section must complete an 7initial mandated reporter training, including a section on 8implicit bias, within 3 months of their date of engagement in a 9professional or official capacity as a mandated reporter, or 10within the time frame of any other applicable State law that 11governs training requirements for a specific profession, and 12at least every 3 years thereafter. The initial requirement 13only applies to the first time they engage in their 14professional or official capacity. In lieu of training every 3 15years, medical personnel, as listed in paragraph (1) of 16subsection (a), must meet the requirements described in 17subsection (k). 18 The mandated reporter trainings shall be in-person or 19web-based, and shall include, at a minimum, information on the 20following topics: (i) indicators for recognizing child abuse 21and child neglect, as defined under this Act; (ii) the process 22for reporting suspected child abuse and child neglect in 23Illinois as required by this Act and the required 24documentation; (iii) responding to a child in a 25trauma-informed manner; and (iv) understanding the response of 26child protective services and the role of the reporter after a HB1596- 204 -LRB103 25063 WGH 51398 b 1call has been made. Child-serving organizations are encouraged 2to provide in-person annual trainings. 3 The implicit bias section shall be in-person or web-based, 4and shall include, at a minimum, information on the following 5topics: (i) implicit bias and (ii) racial and ethnic 6sensitivity. As used in this subsection, "implicit bias" means 7the attitudes or internalized stereotypes that affect people's 8perceptions, actions, and decisions in an unconscious manner 9and that exist and often contribute to unequal treatment of 10people based on race, ethnicity, gender identity, sexual 11orientation, age, disability, and other characteristics. The 12implicit bias section shall provide tools to adjust automatic 13patterns of thinking and ultimately eliminate discriminatory 14behaviors. During these trainings mandated reporters shall 15complete the following: (1) a pretest to assess baseline 16implicit bias levels; (2) an implicit bias training task; and 17(3) a posttest to reevaluate bias levels after training. The 18implicit bias curriculum for mandated reporters shall be 19developed within one year after January 1, 2022 (the effective 20date of Public Act 102-604) this amendatory Act of the 102nd 21General Assembly and shall be created in consultation with 22organizations demonstrating expertise and or experience in the 23areas of implicit bias, youth and adolescent developmental 24issues, prevention of child abuse, exploitation, and neglect, 25culturally diverse family systems, and the child welfare 26system. HB1596- 205 -LRB103 25063 WGH 51398 b 1 The mandated reporter training, including a section on 2implicit bias, shall be provided through the Department, 3through an entity authorized to provide continuing education 4for professionals licensed through the Department of Financial 5and Professional Regulation, the State Board of Education, the 6Illinois Law Enforcement Training Standards Board, or the 7Illinois Department of State Police, or through an 8organization approved by the Department to provide mandated 9reporter training, including a section on implicit bias. The 10Department must make available a free web-based training for 11reporters. 12 Each mandated reporter shall report to the mandated 13reporter's his or her employer and, when applicable, to the 14mandated reporter's his or her licensing or certification 15board that the mandated reporter he or she received the 16mandated reporter training. The mandated reporter shall 17maintain records of completion. 18 Beginning January 1, 2021, if a mandated reporter receives 19licensure from the Department of Financial and Professional 20Regulation or the State Board of Education, and the mandated 21reporter's his or her profession has continuing education 22requirements, the training mandated under this Section shall 23count toward meeting the licensee's required continuing 24education hours. 25 (k)(1) Medical personnel, as listed in paragraph (1) of 26subsection (a), who work with children in their professional HB1596- 206 -LRB103 25063 WGH 51398 b 1or official capacity, must complete mandated reporter training 2at least every 6 years. Such medical personnel, if licensed, 3must attest at each time of licensure renewal on their renewal 4form that they understand they are a mandated reporter of 5child abuse and neglect, that they are aware of the process for 6making a report, that they know how to respond to a child in a 7trauma-informed manner, and that they are aware of the role of 8child protective services and the role of a reporter after a 9call has been made. 10 (2) In lieu of repeated training, medical personnel, as 11listed in paragraph (1) of subsection (a), who do not work with 12children in their professional or official capacity, may 13instead attest each time at licensure renewal on their renewal 14form that they understand they are a mandated reporter of 15child abuse and neglect, that they are aware of the process for 16making a report, that they know how to respond to a child in a 17trauma-informed manner, and that they are aware of the role of 18child protective services and the role of a reporter after a 19call has been made. Nothing in this paragraph precludes 20medical personnel from completing mandated reporter training 21and receiving continuing education credits for that training. 22 (l) The Department shall provide copies of this Act, upon 23request, to all employers employing persons who shall be 24required under the provisions of this Section to report under 25this Act. 26 (m) Any person who knowingly transmits a false report to HB1596- 207 -LRB103 25063 WGH 51398 b 1the Department commits the offense of disorderly conduct under 2subsection (a)(7) of Section 26-1 of the Criminal Code of 32012. A violation of this provision is a Class 4 felony. 4 Any person who knowingly and willfully violates any 5provision of this Section other than a second or subsequent 6violation of transmitting a false report as described in the 7preceding paragraph, is guilty of a Class A misdemeanor for a 8first violation and a Class 4 felony for a second or subsequent 9violation; except that if the person acted as part of a plan or 10scheme having as its object the prevention of discovery of an 11abused or neglected child by lawful authorities for the 12purpose of protecting or insulating any person or entity from 13arrest or prosecution, the person is guilty of a Class 4 felony 14for a first offense and a Class 3 felony for a second or 15subsequent offense (regardless of whether the second or 16subsequent offense involves any of the same facts or persons 17as the first or other prior offense). 18 (n) A child whose parent, guardian or custodian in good 19faith selects and depends upon spiritual means through prayer 20alone for the treatment or cure of disease or remedial care may 21be considered neglected or abused, but not for the sole reason 22that the child's his parent, guardian or custodian accepts and 23practices such beliefs. 24 (o) A child shall not be considered neglected or abused 25solely because the child is not attending school in accordance 26with the requirements of Article 26 of the School Code, as HB1596- 208 -LRB103 25063 WGH 51398 b 1amended. 2 (p) Nothing in this Act prohibits a mandated reporter who 3reasonably believes that an animal is being abused or 4neglected in violation of the Humane Care for Animals Act from 5reporting animal abuse or neglect to the Department of 6Agriculture's Bureau of Animal Health and Welfare. 7 (q) A home rule unit may not regulate the reporting of 8child abuse or neglect in a manner inconsistent with the 9provisions of this Section. This Section is a limitation under 10subsection (i) of Section 6 of Article VII of the Illinois 11Constitution on the concurrent exercise by home rule units of 12powers and functions exercised by the State. 13 (r) For purposes of this Section "child abuse or neglect" 14includes abuse or neglect of an adult resident as defined in 15this Act. 16(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22; 17102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised 1812-14-22.) 19 (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1) 20 Sec. 4.1. Any person required to report under this Act who 21has reasonable cause to suspect that a child has died as a 22result of abuse or neglect shall also immediately report the 23person's his suspicion to the appropriate medical examiner or 24coroner. Any other person who has reasonable cause to believe 25that a child has died as a result of abuse or neglect may HB1596- 209 -LRB103 25063 WGH 51398 b 1report the person's his suspicion to the appropriate medical 2examiner or coroner. The medical examiner or coroner shall 3investigate the report and communicate the medical examiner's 4or coroner's his apparent gross findings, orally, immediately 5upon completion of the gross autopsy, but in all cases within 672 hours and within 21 days in writing, to the local law 7enforcement agency, the appropriate State's attorney, the 8Department and, if the institution making the report is a 9hospital, the hospital. The child protective investigator 10assigned to the death investigation shall have the right to 11require a copy of the completed autopsy report from the 12coroner or medical examiner. 13(Source: P.A. 85-193.) 14 (325 ILCS 5/4.2) 15 Sec. 4.2. Departmental report on death or serious 16life-threatening injury of child. 17 (a) In the case of the death or serious life-threatening 18injury of a child whose care and custody or custody and 19guardianship has been transferred to the Department, or in the 20case of a child abuse or neglect report made to the central 21register involving the death of a child, the Department shall 22(i) investigate or provide for an investigation of the cause 23of and circumstances surrounding the death or serious 24life-threatening injury, (ii) review the investigation, and 25(iii) prepare and issue a report on the death or serious HB1596- 210 -LRB103 25063 WGH 51398 b 1life-threatening injury. 2 (b) The report shall include (i) the cause of death or 3serious life-threatening injury, whether from natural or other 4causes, (ii) any extraordinary or pertinent information 5concerning the circumstances of the child's death or serious 6life-threatening injury, (iii) identification of child 7protective or other social services provided or actions taken 8regarding the child or the child's his or her family at the 9time of the death or serious life-threatening injury or within 10the preceding 5 years, (iv) any action or further 11investigation undertaken by the Department since the death or 12serious life-threatening injury of the child, (v) as 13appropriate, recommendations for State administrative or 14policy changes, (vi) whether the alleged perpetrator of the 15abuse or neglect has been charged with committing a crime 16related to the report and allegation of abuse or neglect, and 17(vii) a copy of any documents, files, records, books, and 18papers created or used in connection with the Department's 19investigation of the death or serious life-threatening injury 20of the child. In any case involving the death or near death of 21a child, when a person responsible for the child has been 22charged with committing a crime that results in the child's 23death or near death, there shall be a presumption that the best 24interest of the public will be served by public disclosure of 25certain information concerning the circumstances of the 26investigations of the death or near death of the child and any HB1596- 211 -LRB103 25063 WGH 51398 b 1other investigations concerning that child or other children 2living in the same household. 3 If the Department receives from the public a request for 4information relating to a case of child abuse or neglect 5involving the death or serious life-threatening injury of a 6child, the Director shall consult with the State's Attorney in 7the county of venue and release the report related to the case, 8except for the following, which may be redacted from the 9information disclosed to the public: any mental health or 10psychological information that is confidential as otherwise 11provided in State law; privileged communications of an 12attorney; the identity of the individual or individuals, if 13known, who made the report; information that may cause mental 14or physical harm to a sibling or another child living in the 15household; information that may undermine an ongoing criminal 16investigation; and any information prohibited from disclosure 17by federal law or regulation. Any information provided by an 18adult subject of a report that is released about the case in a 19public forum shall be subject to disclosure upon a public 20information request. Information about the case shall also be 21subject to disclosure upon consent of an adult subject. 22Information about the case shall also be subject to disclosure 23if it has been publicly disclosed in a report by a law 24enforcement agency or official, a State's Attorney, a judge, 25or any other State or local investigative agency or official. 26Except as it may apply directly to the cause of the death or HB1596- 212 -LRB103 25063 WGH 51398 b 1serious life-threatening injury of the child, nothing in this 2Section shall be deemed to authorize the release or disclosure 3to the public of the substance or content of any 4psychological, psychiatric, therapeutic, clinical, or medical 5reports, evaluation, or like materials or information 6pertaining to the child or the child's family. 7 (c) No later than 6 months after the date of the death or 8serious life-threatening injury of the child, the Department 9shall notify the President of the Senate, the Minority Leader 10of the Senate, the Speaker of the House of Representatives, 11the Minority Leader of the House of Representatives, and the 12members of the Senate and the House of Representatives in 13whose district the child's death or serious life-threatening 14injury occurred upon the completion of each report and shall 15submit an annual cumulative report to the Governor and the 16General Assembly incorporating cumulative data about the above 17reports and including appropriate findings and 18recommendations. The reports required by this subsection (c) 19shall be made available to the public after completion or 20submittal. 21 (d) To enable the Department to prepare the report, the 22Department may request and shall timely receive from 23departments, boards, bureaus, or other agencies of the State, 24or any of its political subdivisions, or any duly authorized 25agency, or any other agency which provided assistance, care, 26or services to the deceased or injured child any information HB1596- 213 -LRB103 25063 WGH 51398 b 1they are authorized to provide. 2(Source: P.A. 97-1068, eff. 1-1-13.) 3 (325 ILCS 5/4.4) 4 Sec. 4.4. DCFS duty to report to State's Attorney. 5Whenever the Department receives, by means of its statewide 6toll-free telephone number established under Section 7.6 for 7the purpose of reporting suspected child abuse or neglect or 8by any other means or from any mandated reporter under Section 94, a report of a newborn infant whose blood, urine, or meconium 10contains any amount of a controlled substance as defined in 11subsection (f) of Section 102 of the Illinois Controlled 12Substances Act or a metabolite thereof, with the exception of 13a controlled substance or metabolite thereof whose presence in 14the newborn infant is the result of medical treatment 15administered to the person who gave birth mother or the 16newborn infant, the Department must immediately report that 17information to the State's Attorney of the county in which the 18infant was born. 19(Source: P.A. 95-361, eff. 8-23-07.) 20 (325 ILCS 5/4.5) 21 Sec. 4.5. Electronic and information technology workers; 22reporting child pornography. 23 (a) In this Section: 24 "Child pornography" means child pornography as described HB1596- 214 -LRB103 25063 WGH 51398 b 1in Section 11-20.1 of the Criminal Code of 2012. 2 "Electronic and information technology equipment" means 3equipment used in the creation, manipulation, storage, 4display, or transmission of data, including internet and 5intranet systems, software applications, operating systems, 6video and multimedia, telecommunications products, kiosks, 7information transaction machines, copiers, printers, and 8desktop and portable computers. 9 "Electronic and information technology equipment worker" 10means a person who in the scope and course of the person's his 11or her employment or business installs, repairs, or otherwise 12services electronic and information technology equipment for a 13fee but does not include (i) an employee, independent 14contractor, or other agent of a telecommunications carrier or 15telephone or telecommunications cooperative, as those terms 16are defined in the Public Utilities Act, or (ii) an employee, 17independent contractor, or other agent of a provider of 18commercial mobile radio service, as defined in 47 C.F.R. 20.3. 19 (b) If an electronic and information technology equipment 20worker discovers any depiction of child pornography while 21installing, repairing, or otherwise servicing an item of 22electronic and information technology equipment, that worker 23or the worker's employer shall immediately report the 24discovery to the local law enforcement agency or to the Cyber 25Tipline at the National Center for Missing and & Exploited 26Children. HB1596- 215 -LRB103 25063 WGH 51398 b 1 (c) If a report is filed in accordance with the 2requirements of 42 U.S.C. 13032, the requirements of this 3Section 4.5 will be deemed to have been met. 4 (d) An electronic and information technology equipment 5worker or electronic and information technology equipment 6worker's employer who reports a discovery of child pornography 7as required under this Section is immune from any criminal, 8civil, or administrative liability in connection with making 9the report, except for willful or wanton misconduct. 10 (e) Failure to report a discovery of child pornography as 11required under this Section is a business offense subject to a 12fine of $1,001. 13(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) 14 (325 ILCS 5/5) (from Ch. 23, par. 2055) 15 Sec. 5. An officer of a local law enforcement agency, 16designated employee of the Department, or a physician treating 17a child may take or retain temporary protective custody of the 18child without the consent of the person responsible for the 19child's welfare, if (1) the officer of a local law enforcement 20agency, designated employee of the Department, or a physician 21treating a child he has reason to believe that the child cannot 22be cared for at home or in the custody of the person 23responsible for the child's welfare without endangering the 24child's health or safety; and (2) there is not time to apply 25for a court order under the Juvenile Court Act of 1987 for HB1596- 216 -LRB103 25063 WGH 51398 b 1temporary custody of the child. The person taking or retaining 2a child in temporary protective custody shall immediately make 3every reasonable effort to notify the person responsible for 4the child's welfare and shall immediately notify the 5Department. The Department shall provide to the temporary 6caretaker of a child any information in the Department's 7possession concerning the positive results of a test performed 8on the child to determine the presence of the antibody or 9antigen to Human Immunodeficiency Virus (HIV), or of HIV 10infection, as well as any communicable diseases or 11communicable infections that the child has. The temporary 12caretaker of a child shall not disclose to another person any 13information received by the temporary caretaker from the 14Department concerning the results of a test performed on the 15child to determine the presence of the antibody or antigen to 16HIV, or of HIV infection, except pursuant to Section 9 of the 17AIDS Confidentiality Act, as now or hereafter amended. The 18Department shall promptly initiate proceedings under the 19Juvenile Court Act of 1987 for the continued temporary custody 20of the child. 21 Where the physician keeping a child in the physician's his 22custody does so in the physician's his capacity as a member of 23the staff of a hospital or similar institution, the physician 24he shall notify the person in charge of the institution or the 25his designated agent of the person in charge, who shall then 26become responsible for the further care of such child in the HB1596- 217 -LRB103 25063 WGH 51398 b 1hospital or similar institution under the direction of the 2Department. 3 Said care includes, but is not limited to the granting of 4permission to perform emergency medical treatment to a minor 5where the treatment itself does not involve a substantial risk 6of harm to the minor and the failure to render such treatment 7will likely result in death or permanent harm to the minor, and 8there is not time to apply for a court order under the Juvenile 9Court Act of 1987. 10 Any person authorized and acting in good faith in the 11removal of a child under this Section shall have immunity from 12any liability, civil or criminal, that might otherwise be 13incurred or imposed as a result of such removal. Any physician 14authorized and acting in good faith and in accordance with 15acceptable medical practice in the treatment of a child under 16this Section shall have immunity from any liability, civil or 17criminal, that might otherwise be incurred or imposed as a 18result of granting permission for emergency treatment. 19 With respect to any child taken into temporary protective 20custody pursuant to this Section, the Department of Children 21and Family Services Guardianship Administrator or the 22Guardianship Administrator's his designee shall be deemed the 23child's legally authorized representative for purposes of 24consenting to an HIV test if deemed necessary and appropriate 25by the Department's Guardianship Administrator or the 26Guardianship Administrator's designee and obtaining and HB1596- 218 -LRB103 25063 WGH 51398 b 1disclosing information concerning such test pursuant to the 2AIDS Confidentiality Act if deemed necessary and appropriate 3by the Department's Guardianship Administrator or the 4Guardianship Administrator's designee and for purposes of 5consenting to the release of information pursuant to the 6Illinois Sexually Transmissible Disease Control Act if deemed 7necessary and appropriate by the Department's Guardianship 8Administrator or designee. 9 Any person who administers an HIV test upon the consent of 10the Department of Children and Family Services Guardianship 11Administrator or the Guardianship Administrator's his 12designee, or who discloses the results of such tests to the 13Department's Guardianship Administrator or the Guardianship 14Administrator's his designee, shall have immunity from any 15liability, civil, criminal or otherwise, that might result by 16reason of such actions. For the purpose of any proceedings, 17civil or criminal, the good faith of any persons required to 18administer or disclose the results of tests, or permitted to 19take such actions, shall be presumed. 20(Source: P.A. 90-28, eff. 1-1-98.) 21 (325 ILCS 5/7) (from Ch. 23, par. 2057) 22 Sec. 7. Time and manner of making reports. All reports of 23suspected child abuse or neglect made under this Act shall be 24made immediately by telephone to the central register 25established under Section 7.7 on the single, State-wide, HB1596- 219 -LRB103 25063 WGH 51398 b 1toll-free telephone number established in Section 7.6, or in 2person or by telephone through the nearest Department office. 3The Department shall, in cooperation with school officials, 4distribute appropriate materials in school buildings listing 5the toll-free telephone number established in Section 7.6, 6including methods of making a report under this Act. The 7Department may, in cooperation with appropriate members of the 8clergy, distribute appropriate materials in churches, 9synagogues, temples, mosques, or other religious buildings 10listing the toll-free telephone number established in Section 117.6, including methods of making a report under this Act. 12 Wherever the Statewide number is posted, there shall also 13be posted the following notice: 14 "Any person who knowingly transmits a false report to the 15Department commits the offense of disorderly conduct under 16subsection (a)(7) of Section 26-1 of the Criminal Code of 172012. A violation of this subsection is a Class 4 felony." 18 The report required by this Act shall include, if known, 19the name and address of the child and the child's his parents 20or other persons having the child's his custody; the child's 21age; the nature of the child's condition, including any 22evidence of previous injuries or disabilities; and any other 23information that the person filing the report believes might 24be helpful in establishing the cause of such abuse or neglect 25and the identity of the person believed to have caused such 26abuse or neglect. Reports made to the central register through HB1596- 220 -LRB103 25063 WGH 51398 b 1the State-wide, toll-free telephone number shall be 2immediately transmitted by the Department to the appropriate 3Child Protective Service Unit. All such reports alleging the 4death of a child, serious injury to a child, including, but not 5limited to, brain damage, skull fractures, subdural hematomas, 6and internal injuries, torture of a child, malnutrition of a 7child, and sexual abuse to a child, including, but not limited 8to, sexual intercourse, sexual exploitation, sexual 9molestation, and sexually transmitted disease in a child age 1012 and under, shall also be immediately transmitted by the 11Department to the appropriate local law enforcement agency. 12The Department shall within 24 hours orally notify local law 13enforcement personnel and the office of the State's Attorney 14of the involved county of the receipt of any report alleging 15the death of a child, serious injury to a child, including, but 16not limited to, brain damage, skull fractures, subdural 17hematomas, and internal injuries, torture of a child, 18malnutrition of a child, and sexual abuse to a child, 19including, but not limited to, sexual intercourse, sexual 20exploitation, sexual molestation, and sexually transmitted 21disease in a child age 12 and under. All oral reports made by 22the Department to local law enforcement personnel and the 23office of the State's Attorney of the involved county shall be 24confirmed in writing within 24 hours of the oral report. All 25reports by persons mandated to report under this Act shall be 26confirmed in writing to the appropriate Child Protective HB1596- 221 -LRB103 25063 WGH 51398 b 1Service Unit, which may be on forms supplied by the 2Department, within 48 hours of any initial report. 3 Any report received by the Department alleging the abuse 4or neglect of a child by a person who is not the child's 5parent, a member of the child's immediate family, a person 6responsible for the child's welfare, an individual residing in 7the same home as the child, or a paramour of the child's parent 8shall immediately be referred to the appropriate local law 9enforcement agency for consideration of criminal investigation 10or other action. 11 Written confirmation reports from persons not required to 12report by this Act may be made to the appropriate Child 13Protective Service Unit. Written reports from persons required 14by this Act to report shall be admissible in evidence in any 15judicial proceeding or administrative hearing relating to 16child abuse or neglect. Reports involving known or suspected 17child abuse or neglect in public or private residential 18agencies or institutions shall be made and received in the 19same manner as all other reports made under this Act. 20 For purposes of this Section, "child" includes an adult 21resident as defined in this Act. 22(Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.) 23 (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b) 24 Sec. 7.3b. All persons required to report under Section 4 25may refer to the Department of Human Services any pregnant HB1596- 222 -LRB103 25063 WGH 51398 b 1person in this State who has a substance use disorder as 2defined in the Substance Use Disorder Act. The Department of 3Human Services shall notify the local Infant Mortality 4Reduction Network service provider or Department funded 5prenatal care provider in the area in which the person 6resides. The service provider shall prepare a case management 7plan and assist the pregnant person woman in obtaining 8counseling and treatment from a local substance use disorder 9treatment program licensed by the Department of Human Services 10or a licensed hospital which provides substance abuse 11treatment services. The local Infant Mortality Reduction 12Network service provider and Department funded prenatal care 13provider shall monitor the pregnant person woman through the 14service program. The Department of Human Services shall have 15the authority to promulgate rules and regulations to implement 16this Section. 17(Source: P.A. 100-759, eff. 1-1-19.) 18 (325 ILCS 5/7.3c) 19 Sec. 7.3c. Substance abuse services for parents women with 20children. 21 The Department of Human Services and the Department of 22Children and Family Services shall develop a community based 23system of integrated child welfare and substance abuse 24services for the purpose of providing safety and protection 25for children, improving adult health and parenting outcomes, HB1596- 223 -LRB103 25063 WGH 51398 b 1and improving family outcomes. 2 The Department of Children and Family Services, in 3cooperation with the Department of Human Services, shall 4develop case management protocols for DCFS clients with 5substance abuse problems. The Departments may establish pilot 6programs designed to test the most effective approaches to 7case management case-management. The Departments shall 8evaluate the effectiveness of these pilot programs and report 9to the Governor and the General Assembly on an annual basis. 10(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.) 11 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) 12 Sec. 7.4. (a) The Department shall be capable of receiving 13reports of suspected child abuse or neglect 24 hours a day, 7 14days a week. Whenever the Department receives a report 15alleging that a child is a truant as defined in Section 26-2a 16of the School Code, as now or hereafter amended, the 17Department shall notify the superintendent of the school 18district in which the child resides and the appropriate 19superintendent of the educational service region. The 20notification to the appropriate officials by the Department 21shall not be considered an allegation of abuse or neglect 22under this Act. 23 (a-5) The Department of Children and Family Services may 24implement a "differential response program" in accordance with 25criteria, standards, and procedures prescribed by rule. The HB1596- 224 -LRB103 25063 WGH 51398 b 1program may provide that, upon receiving a report, the 2Department shall determine whether to conduct a family 3assessment or an investigation as appropriate to prevent or 4provide a remedy for child abuse or neglect. 5 For purposes of this subsection (a-5), "family assessment" 6means a comprehensive assessment of child safety, risk of 7subsequent child maltreatment, and family strengths and needs 8that is applied to a child maltreatment report that does not 9allege substantial child endangerment. "Family assessment" 10does not include a determination as to whether child 11maltreatment occurred but does determine the need for services 12to address the safety of family members and the risk of 13subsequent maltreatment. 14 For purposes of this subsection (a-5), "investigation" 15means fact-gathering related to the current safety of a child 16and the risk of subsequent abuse or neglect that determines 17whether a report of suspected child abuse or neglect should be 18indicated or unfounded and whether child protective services 19are needed. 20 Under the "differential response program" implemented 21under this subsection (a-5), the Department: 22 (1) Shall conduct an investigation on reports 23 involving substantial child abuse or neglect. 24 (2) Shall begin an immediate investigation if, at any 25 time when it is using a family assessment response, it 26 determines that there is reason to believe that HB1596- 225 -LRB103 25063 WGH 51398 b 1 substantial child abuse or neglect or a serious threat to 2 the child's safety exists. 3 (3) May conduct a family assessment for reports that 4 do not allege substantial child endangerment. In 5 determining that a family assessment is appropriate, the 6 Department may consider issues, including, but not limited 7 to, child safety, parental cooperation, and the need for 8 an immediate response. 9 (4) Shall promulgate criteria, standards, and 10 procedures that shall be applied in making this 11 determination, taking into consideration the Child 12 Endangerment Risk Assessment Protocol of the Department. 13 (5) May conduct a family assessment on a report that 14 was initially screened and assigned for an investigation. 15 In determining that a complete investigation is not 16required, the Department must document the reason for 17terminating the investigation and notify the local law 18enforcement agency or the Illinois State Police if the local 19law enforcement agency or Illinois State Police is conducting 20a joint investigation. 21 Once it is determined that a "family assessment" will be 22implemented, the case shall not be reported to the central 23register of abuse and neglect reports. 24 During a family assessment, the Department shall collect 25any available and relevant information to determine child 26safety, risk of subsequent abuse or neglect, and family HB1596- 226 -LRB103 25063 WGH 51398 b 1strengths. 2 Information collected includes, but is not limited to, 3when relevant: information with regard to the person reporting 4the alleged abuse or neglect, including the nature of the 5reporter's relationship to the child and to the alleged 6offender, and the basis of the reporter's knowledge for the 7report; the child allegedly being abused or neglected; the 8alleged offender; the child's caretaker; and other collateral 9sources having relevant information related to the alleged 10abuse or neglect. Information relevant to the assessment must 11be asked for, and may include: 12 (A) The child's sex and age, prior reports of abuse or 13 neglect, information relating to developmental 14 functioning, credibility of the child's statement, and 15 whether the information provided under this paragraph (A) 16 is consistent with other information collected during the 17 course of the assessment or investigation. 18 (B) The alleged offender's age, a record check for 19 prior reports of abuse or neglect, and criminal charges 20 and convictions. The alleged offender may submit 21 supporting documentation relevant to the assessment. 22 (C) Collateral source information regarding the 23 alleged abuse or neglect and care of the child. Collateral 24 information includes, when relevant: (i) a medical 25 examination of the child; (ii) prior medical records 26 relating to the alleged maltreatment or care of the child HB1596- 227 -LRB103 25063 WGH 51398 b 1 maintained by any facility, clinic, or health care 2 professional, and an interview with the treating 3 professionals; and (iii) interviews with the child's 4 caretakers, including the child's parent, guardian, foster 5 parent, child care provider, teachers, counselors, family 6 members, relatives, and other persons who may have 7 knowledge regarding the alleged maltreatment and the care 8 of the child. 9 (D) Information on the existence of domestic abuse and 10 violence in the home of the child, and substance abuse. 11 Nothing in this subsection (a-5) precludes the Department 12from collecting other relevant information necessary to 13conduct the assessment or investigation. Nothing in this 14subsection (a-5) shall be construed to allow the name or 15identity of a reporter to be disclosed in violation of the 16protections afforded under Section 7.19 of this Act. 17 After conducting the family assessment, the Department 18shall determine whether services are needed to address the 19safety of the child and other family members and the risk of 20subsequent abuse or neglect. 21 Upon completion of the family assessment, if the 22Department concludes that no services shall be offered, then 23the case shall be closed. If the Department concludes that 24services shall be offered, the Department shall develop a 25family preservation plan and offer or refer services to the 26family. HB1596- 228 -LRB103 25063 WGH 51398 b 1 At any time during a family assessment, if the Department 2believes there is any reason to stop the assessment and 3conduct an investigation based on the information discovered, 4the Department shall do so. 5 The procedures available to the Department in conducting 6investigations under this Act shall be followed as appropriate 7during a family assessment. 8 If the Department implements a differential response 9program authorized under this subsection (a-5), the Department 10shall arrange for an independent evaluation of the program for 11at least the first 3 years of implementation to determine 12whether it is meeting the goals in accordance with Section 2 of 13this Act. 14 The Department may adopt administrative rules necessary 15for the execution of this Section, in accordance with Section 164 of the Children and Family Services Act. 17 The Department shall submit a report to the General 18Assembly by January 15, 2018 on the implementation progress 19and recommendations for additional needed legislative changes. 20 (b)(1) The following procedures shall be followed in the 21investigation of all reports of suspected abuse or neglect of 22a child, except as provided in subsection (c) of this Section. 23 (2) If, during a family assessment authorized by 24subsection (a-5) or an investigation, it appears that the 25immediate safety or well-being of a child is endangered, that 26the family may flee or the child disappear, or that the facts HB1596- 229 -LRB103 25063 WGH 51398 b 1otherwise so warrant, the Child Protective Service Unit shall 2commence an investigation immediately, regardless of the time 3of day or night. All other investigations shall be commenced 4within 24 hours of receipt of the report. Upon receipt of a 5report, the Child Protective Service Unit shall conduct a 6family assessment authorized by subsection (a-5) or begin an 7initial investigation and make an initial determination 8whether the report is a good faith indication of alleged child 9abuse or neglect. 10 (3) Based on an initial investigation, if the Unit 11determines the report is a good faith indication of alleged 12child abuse or neglect, then a formal investigation shall 13commence and, pursuant to Section 7.12 of this Act, may or may 14not result in an indicated report. The formal investigation 15shall include: direct contact with the subject or subjects of 16the report as soon as possible after the report is received; an 17evaluation of the environment of the child named in the report 18and any other children in the same environment; a 19determination of the risk to such children if they continue to 20remain in the existing environments, as well as a 21determination of the nature, extent and cause of any condition 22enumerated in such report; the name, age and condition of 23other children in the environment; and an evaluation as to 24whether there would be an immediate and urgent necessity to 25remove the child from the environment if appropriate family 26preservation services were provided. After seeing to the HB1596- 230 -LRB103 25063 WGH 51398 b 1safety of the child or children, the Department shall 2forthwith notify the subjects of the report in writing, of the 3existence of the report and their rights existing under this 4Act in regard to amendment or expungement. To fulfill the 5requirements of this Section, the Child Protective Service 6Unit shall have the capability of providing or arranging for 7comprehensive emergency services to children and families at 8all times of the day or night. 9 (4) If (i) at the conclusion of the Unit's initial 10investigation of a report, the Unit determines the report to 11be a good faith indication of alleged child abuse or neglect 12that warrants a formal investigation by the Unit, the 13Department, any law enforcement agency or any other 14responsible agency and (ii) the person who is alleged to have 15caused the abuse or neglect is employed or otherwise engaged 16in an activity resulting in frequent contact with children and 17the alleged abuse or neglect are in the course of such 18employment or activity, then the Department shall, except in 19investigations where the Director determines that such 20notification would be detrimental to the Department's 21investigation, inform the appropriate supervisor or 22administrator of that employment or activity that the Unit has 23commenced a formal investigation pursuant to this Act, which 24may or may not result in an indicated report. The Department 25shall also notify the person being investigated, unless the 26Director determines that such notification would be HB1596- 231 -LRB103 25063 WGH 51398 b 1detrimental to the Department's investigation. 2 (c) In an investigation of a report of suspected abuse or 3neglect of a child by a school employee at a school or on 4school grounds, the Department shall make reasonable efforts 5to follow the following procedures: 6 (1) Investigations involving teachers shall not, to 7 the extent possible, be conducted when the teacher is 8 scheduled to conduct classes. Investigations involving 9 other school employees shall be conducted so as to 10 minimize disruption of the school day. The school employee 11 accused of child abuse or neglect may have the school 12 employee's his superior, the school employee's his 13 association or union representative and the school 14 employee's his attorney present at any interview or 15 meeting at which the teacher or administrator is present. 16 The accused school employee shall be informed by a 17 representative of the Department, at any interview or 18 meeting, of the accused school employee's due process 19 rights and of the steps in the investigation process. 20 These due process rights shall also include the right of 21 the school employee to present countervailing evidence 22 regarding the accusations. In an investigation in which 23 the alleged perpetrator of abuse or neglect is a school 24 employee, including, but not limited to, a school teacher 25 or administrator, and the recommendation is to determine 26 the report to be indicated, in addition to other HB1596- 232 -LRB103 25063 WGH 51398 b 1 procedures as set forth and defined in Department rules 2 and procedures, the employee's due process rights shall 3 also include: (i) the right to a copy of the investigation 4 summary; (ii) the right to review the specific allegations 5 which gave rise to the investigation; and (iii) the right 6 to an administrator's teleconference which shall be 7 convened to provide the school employee with the 8 opportunity to present documentary evidence or other 9 information that supports the school employee's his or her 10 position and to provide information before a final finding 11 is entered. 12 (2) If a report of neglect or abuse of a child by a 13 teacher or administrator does not involve allegations of 14 sexual abuse or extreme physical abuse, the Child 15 Protective Service Unit shall make reasonable efforts to 16 conduct the initial investigation in coordination with the 17 employee's supervisor. 18 If the Unit determines that the report is a good faith 19 indication of potential child abuse or neglect, it shall 20 then commence a formal investigation under paragraph (3) 21 of subsection (b) of this Section. 22 (3) If a report of neglect or abuse of a child by a 23 teacher or administrator involves an allegation of sexual 24 abuse or extreme physical abuse, the Child Protective Unit 25 shall commence an investigation under paragraph (2) of 26 subsection (b) of this Section. HB1596- 233 -LRB103 25063 WGH 51398 b 1 (c-5) In any instance in which a report is made or caused 2to made by a school district employee involving the conduct of 3a person employed by the school district, at the time the 4report was made, as required under Section 4 of this Act, the 5Child Protective Service Unit shall send a copy of its final 6finding report to the general superintendent of that school 7district. 8 (c-10) The Department may recommend that a school district 9remove a school employee who is the subject of an 10investigation from the school employee's his or her employment 11position pending the outcome of the investigation; however, 12all employment decisions regarding school personnel shall be 13the sole responsibility of the school district or employer. 14The Department may not require a school district to remove a 15school employee from the school employee's his or her 16employment position or limit the school employee's duties 17pending the outcome of an investigation. 18 (d) If the Department has contact with an employer, or 19with a religious institution or religious official having 20supervisory or hierarchical authority over a member of the 21clergy accused of the abuse of a child, in the course of its 22investigation, the Department shall notify the employer or the 23religious institution or religious official, in writing, when 24a report is unfounded so that any record of the investigation 25can be expunged from the employee's or member of the clergy's 26personnel or other records. The Department shall also notify HB1596- 234 -LRB103 25063 WGH 51398 b 1the employee or the member of the clergy, in writing, that 2notification has been sent to the employer or to the 3appropriate religious institution or religious official 4informing the employer or religious institution or religious 5official that the Department's investigation has resulted in 6an unfounded report. 7 (d-1) Whenever a report alleges that a child was abused or 8neglected while receiving care in a hospital, including a 9freestanding psychiatric hospital licensed by the Department 10of Public Health, the Department shall send a copy of its final 11finding to the Director of Public Health and the Director of 12Healthcare and Family Services. 13 (e) Upon request by the Department, the Illinois State 14Police and law enforcement agencies are authorized to provide 15criminal history record information as defined in the Illinois 16Uniform Conviction Information Act and information maintained 17in the adjudicatory and dispositional record system as defined 18in Section 2605-355 of the Illinois State Police Law to 19properly designated employees of the Department of Children 20and Family Services if the Department determines the 21information is necessary to perform its duties under the 22Abused and Neglected Child Reporting Act, the Child Care Act 23of 1969, and the Children and Family Services Act. The request 24shall be in the form and manner required by the Illinois State 25Police. Any information obtained by the Department of Children 26and Family Services under this Section is confidential and may HB1596- 235 -LRB103 25063 WGH 51398 b 1not be transmitted outside the Department of Children and 2Family Services other than to a court of competent 3jurisdiction or unless otherwise authorized by law. Any 4employee of the Department of Children and Family Services who 5transmits confidential information in violation of this 6Section or causes the information to be transmitted in 7violation of this Section is guilty of a Class A misdemeanor 8unless the transmittal of the information is authorized by 9this Section or otherwise authorized by law. 10 (f) For purposes of this Section, "child abuse or neglect" 11includes abuse or neglect of an adult resident as defined in 12this Act. 13(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.) 14 (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) 15 Sec. 7.9. The Department shall prepare, print, and 16distribute initial, preliminary, and final reporting forms to 17each Child Protective Service Unit. Initial written reports 18from the reporting source shall contain the following 19information to the extent known at the time the report is made: 20(1) the names and addresses of the child and the child's his 21parents or other persons responsible for the child's his 22welfare; (1.5) the name and address of the school that the 23child attends (or the school that the child last attended, if 24the report is written during the summer when school is not in 25session), and the name of the school district in which the HB1596- 236 -LRB103 25063 WGH 51398 b 1school is located, if applicable; (2) the child's age, sex, 2and race; (3) the nature and extent of the child's abuse or 3neglect, including any evidence of prior injuries, abuse, or 4neglect of the child or the child's his siblings; (4) the names 5of the persons apparently responsible for the abuse or 6neglect; (5) family composition, including names, ages, sexes, 7and races of other children in the home; (6) the name of the 8person making the report, the reporter's his occupation, and 9where the reporter he can be reached; (7) the actions taken by 10the reporting source, including the taking of photographs and 11x-rays, placing the child in temporary protective custody, or 12notifying the medical examiner or coroner; and (8) any other 13information the person making the report believes might be 14helpful in the furtherance of the purposes of this Act. 15(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.) 16 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) 17 Sec. 7.14. All reports in the central register shall be 18classified in one of three categories: "indicated", 19"unfounded" or "undetermined", as the case may be. Prior to 20classifying the report, the Department shall determine whether 21the report is subject to Department review under Section 227.22a. If the report is subject to Department review, the 23report shall not be classified as unfounded until the review 24is completed. Prior to classifying the report, the person 25making the classification shall determine whether the child HB1596- 237 -LRB103 25063 WGH 51398 b 1named in the report is the subject of an action under Article V 2of the Juvenile Court Act of 1987 who is in the custody or 3guardianship of the Department or who has an open intact 4family services case with the Department or is the subject of 5an action under Article II of the Juvenile Court Act of 1987. 6If the child either is the subject of an action under Article V 7of the Juvenile Court Act of 1987 and is in the custody or 8guardianship of the Department or has an open intact family 9services case with the Department or is the subject of an 10action under Article II of the Juvenile Court Act of 1987 and 11the Department intends to classify the report as indicated, 12the Department shall, within 45 days of classification of the 13report, transmit a copy of the report to the attorney or 14guardian ad litem appointed for the child under Section 2-17 15of the Juvenile Court Act of 1987 or to a guardian ad litem 16appointed under Section 5-610 of the Juvenile Court Act of 171987. If the child either is the subject of an action under 18Article V of the Juvenile Court Act of 1987 and is in the 19custody or guardianship of the Department or has an open 20intact family services case with the Department or is the 21subject of an action under Article II of the Juvenile Court Act 22of 1987 and the Department intends to classify the report as 23unfounded, the Department shall, within 45 days of deciding 24its intent to classify the report as unfounded, transmit a 25copy of the report and written notice of the Department's 26intent to the attorney or guardian ad litem appointed for the HB1596- 238 -LRB103 25063 WGH 51398 b 1child under Section 2-17 of the Juvenile Court Act of 1987, or 2to a guardian ad litem appointed under Section 5-610 of the 3Juvenile Court Act of 1987. The Department's obligation under 4this Section to provide reports to a guardian ad litem 5appointed under Section 5-610 of the Juvenile Court Act of 61987 for a minor with an open intact family services case 7applies only if the guardian ad litem notified the Department 8in writing of the representation. All information identifying 9the subjects of an unfounded report shall be expunged from the 10register forthwith, except as provided in Section 7.7. 11Unfounded reports may only be made available to the Child 12Protective Service Unit when investigating a subsequent report 13of suspected abuse or maltreatment involving a child named in 14the unfounded report; and to the subject of the report, 15provided the Department has not expunged the file in 16accordance with Section 7.7. The Child Protective Service Unit 17shall not indicate the subsequent report solely based upon the 18existence of the prior unfounded report or reports. 19Notwithstanding any other provision of law to the contrary, an 20unfounded report shall not be admissible in any judicial or 21administrative proceeding or action except for proceedings 22under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987 23involving a petition filed under Section 2-13 of the Juvenile 24Court Act of 1987 alleging abuse or neglect to the same child, 25a sibling of the child, the same perpetrator, or a member of 26the child's household. Identifying information on all other HB1596- 239 -LRB103 25063 WGH 51398 b 1records shall be removed from the register no later than 5 2years after the report is indicated. However, if another 3report is received involving the same child, the child's his 4sibling or offspring, or a child in the care of the persons 5responsible for the child's welfare, or involving the same 6alleged offender, the identifying information may be 7maintained in the register until 5 years after the subsequent 8case or report is closed. 9 Notwithstanding any other provision of this Section, 10identifying information in indicated reports involving serious 11physical injury to a child as defined by the Department in 12rules, may be retained longer than 5 years after the report is 13indicated or after the subsequent case or report is closed, 14and may not be removed from the register except as provided by 15the Department in rules. Identifying information in indicated 16reports involving sexual penetration of a child, sexual 17molestation of a child, sexual exploitation of a child, 18torture of a child, or the death of a child, as defined by the 19Department in rules, shall be retained for a period of not less 20than 50 years after the report is indicated or after the 21subsequent case or report is closed. 22 For purposes of this Section, "child" includes an adult 23resident as defined in this Act. 24(Source: P.A. 101-528, eff. 8-23-19; 102-532, eff. 8-20-21.) 25 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16) HB1596- 240 -LRB103 25063 WGH 51398 b 1 Sec. 7.16. For any investigation or appeal initiated on or 2after, or pending on July 1, 1998, the following time frames 3shall apply. Within 60 days after the notification of the 4completion of the Child Protective Service Unit investigation, 5determined by the date of the notification sent by the 6Department, the perpetrator named in the notification may 7request the Department to amend the record or remove the 8record of the report from the register, except that the 60-day 9deadline for filing a request to amend the record or remove the 10record of the report from the State Central Register shall be 11tolled until after the conclusion of any criminal court action 12in the circuit court or after adjudication in any juvenile 13court action concerning the circumstances that give rise to an 14indicated report. Such request shall be in writing and 15directed to such person as the Department designates in the 16notification letter notifying the perpetrator of the indicated 17finding. The perpetrator shall have the right to a timely 18hearing within the Department to determine whether the record 19of the report should be amended or removed on the grounds that 20it is inaccurate or it is being maintained in a manner 21inconsistent with this Act, except that there shall be no such 22right to a hearing on the ground of the report's inaccuracy if 23there has been a court finding of child abuse or neglect or a 24criminal finding of guilt as to the perpetrator. Such hearing 25shall be held within a reasonable time after the perpetrator's 26request and at a reasonable place and hour. The appropriate HB1596- 241 -LRB103 25063 WGH 51398 b 1Child Protective Service Unit shall be given notice of the 2hearing. If the minor, who is the victim named in the report 3sought to be amended or removed from the State Central 4Register, is the subject of a pending action under Article V of 5the Juvenile Court Act of 1987 and is in the custody or 6guardianship of the Department or has an open intact family 7services case with the Department or is the subject of a 8pending action under Article II of the Juvenile Court Act of 91987, and the report was made while a guardian ad litem was 10appointed for the minor under Section 5-610 or 2-17 of the 11Juvenile Court Act of 1987, then the minor shall, through the 12minor's attorney or guardian ad litem appointed under Section 135-610 or 2-17 of the Juvenile Court Act of 1987, have the right 14to participate and be heard in such hearing as defined under 15the Department's rules. The Department's obligation under this 16Section to provide a minor with a guardian ad litem appointed 17under Section 5-610 of the Juvenile Court Act of 1987 and an 18open intact family services case with the right to participate 19and be heard applies only if the guardian ad litem notified the 20Department in writing of the representation. In such hearings, 21the burden of proving the accuracy and consistency of the 22record shall be on the Department and the appropriate Child 23Protective Service Unit. The hearing shall be conducted by the 24Director or the Director's his designee, who is hereby 25authorized and empowered to order the amendment or removal of 26the record to make it accurate and consistent with this Act. HB1596- 242 -LRB103 25063 WGH 51398 b 1The decision shall be made, in writing, at the close of the 2hearing, or within 60 days thereof, and shall state the 3reasons upon which it is based. Decisions of the Department 4under this Section are administrative decisions subject to 5judicial review under the Administrative Review Law. 6 Should the Department grant the request of the perpetrator 7pursuant to this Section either on administrative review or 8after an administrative hearing to amend an indicated report 9to an unfounded report, the report shall be released and 10expunged in accordance with the standards set forth in Section 117.14 of this Act. 12(Source: P.A. 100-158, eff. 1-1-18.) 13 (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19) 14 Sec. 7.19. Upon request, a subject of a report shall be 15entitled to receive a copy of all information contained in the 16central register pertaining to the subject's his case. 17However, the Department may prohibit the release of data that 18would identify or locate a person who, in good faith, made a 19report or cooperated in a subsequent investigation. In 20addition, the Department may seek a court order from the 21circuit court prohibiting the release of any information which 22the court finds is likely to be harmful to the subject of the 23report. 24(Source: P.A. 81-1077.) HB1596- 243 -LRB103 25063 WGH 51398 b 1 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) 2 Sec. 11.1. Access to records. 3 (a) A person shall have access to the records described in 4Section 11 only in furtherance of purposes directly connected 5with the administration of this Act or the Intergovernmental 6Missing Child Recovery Act of 1984. Those persons and purposes 7for access include: 8 (1) Department staff in the furtherance of their 9 responsibilities under this Act, or for the purpose of 10 completing background investigations on persons or 11 agencies licensed by the Department or with whom the 12 Department contracts for the provision of child welfare 13 services. 14 (2) A law enforcement agency investigating known or 15 suspected child abuse or neglect, known or suspected 16 involvement with child pornography, known or suspected 17 criminal sexual assault, known or suspected criminal 18 sexual abuse, or any other sexual offense when a child is 19 alleged to be involved. 20 (3) The Illinois State Police when administering the 21 provisions of the Intergovernmental Missing Child Recovery 22 Act of 1984. 23 (4) A physician who has before the physician him a 24 child whom the physician he reasonably suspects may be 25 abused or neglected. 26 (5) A person authorized under Section 5 of this Act to HB1596- 244 -LRB103 25063 WGH 51398 b 1 place a child in temporary protective custody when such 2 person requires the information in the report or record to 3 determine whether to place the child in temporary 4 protective custody. 5 (6) A person having the legal responsibility or 6 authorization to care for, treat, or supervise a child, or 7 a parent, prospective adoptive parent, foster parent, 8 guardian, or other person responsible for the child's 9 welfare, who is the subject of a report. 10 (7) Except in regard to harmful or detrimental 11 information as provided in Section 7.19, any subject of 12 the report, and if the subject of the report is a minor, 13 the minor's his guardian or guardian ad litem. 14 (8) A court, upon its finding that access to such 15 records may be necessary for the determination of an issue 16 before such court; however, such access shall be limited 17 to in camera inspection, unless the court determines that 18 public disclosure of the information contained therein is 19 necessary for the resolution of an issue then pending 20 before it. 21 (8.1) A probation officer or other authorized 22 representative of a probation or court services department 23 conducting an investigation ordered by a court under the 24 Juvenile Court Act of 1987. 25 (9) A grand jury, upon its determination that access 26 to such records is necessary in the conduct of its HB1596- 245 -LRB103 25063 WGH 51398 b 1 official business. 2 (10) Any person authorized by the Director, in 3 writing, for audit or bona fide research purposes. 4 (11) Law enforcement agencies, coroners or medical 5 examiners, physicians, courts, school superintendents and 6 child welfare agencies in other states who are responsible 7 for child abuse or neglect investigations or background 8 investigations. 9 (12) The Department of Financial and Professional 10 Regulation, the State Board of Education and school 11 superintendents in Illinois, who may use or disclose 12 information from the records as they deem necessary to 13 conduct investigations or take disciplinary action, as 14 provided by law. 15 (13) A coroner or medical examiner who has reason to 16 believe that a child has died as the result of abuse or 17 neglect. 18 (14) The Director of a State-operated facility when an 19 employee of that facility is the perpetrator in an 20 indicated report. 21 (15) The operator of a licensed child care facility or 22 a facility licensed by the Department of Human Services 23 (as successor to the Department of Alcoholism and 24 Substance Abuse) in which children reside when a current 25 or prospective employee of that facility is the 26 perpetrator in an indicated child abuse or neglect report, HB1596- 246 -LRB103 25063 WGH 51398 b 1 pursuant to Section 4.3 of the Child Care Act of 1969. 2 (16) Members of a multidisciplinary team in the 3 furtherance of its responsibilities under subsection (b) 4 of Section 7.1. All reports concerning child abuse and 5 neglect made available to members of such 6 multidisciplinary teams and all records generated as a 7 result of such reports shall be confidential and shall not 8 be disclosed, except as specifically authorized by this 9 Act or other applicable law. It is a Class A misdemeanor to 10 permit, assist or encourage the unauthorized release of 11 any information contained in such reports or records. 12 Nothing contained in this Section prevents the sharing of 13 reports or records relating or pertaining to the death of 14 a minor under the care of or receiving services from the 15 Department of Children and Family Services and under the 16 jurisdiction of the juvenile court with the juvenile 17 court, the State's Attorney, and the minor's attorney. 18 (17) The Department of Human Services, as provided in 19 Section 17 of the Rehabilitation of Persons with 20 Disabilities Act. 21 (18) Any other agency or investigative body, including 22 the Department of Public Health and a local board of 23 health, authorized by State law to conduct an 24 investigation into the quality of care provided to 25 children in hospitals and other State regulated care 26 facilities. HB1596- 247 -LRB103 25063 WGH 51398 b 1 (19) The person appointed, under Section 2-17 of the 2 Juvenile Court Act of 1987, as the guardian ad litem of a 3 minor who is the subject of a report or records under this 4 Act; or the person appointed, under Section 5-610 of the 5 Juvenile Court Act of 1987, as the guardian ad litem of a 6 minor who is in the custody or guardianship of the 7 Department or who has an open intact family services case 8 with the Department and who is the subject of a report or 9 records made pursuant to this Act. 10 (20) The Department of Human Services, as provided in 11 Section 10 of the Early Intervention Services System Act, 12 and the operator of a facility providing early 13 intervention services pursuant to that Act, for the 14 purpose of determining whether a current or prospective 15 employee who provides or may provide direct services under 16 that Act is the perpetrator in an indicated report of 17 child abuse or neglect filed under this Act. 18 (b) Nothing contained in this Act prevents the sharing or 19disclosure of information or records relating or pertaining to 20juveniles subject to the provisions of the Serious Habitual 21Offender Comprehensive Action Program when that information is 22used to assist in the early identification and treatment of 23habitual juvenile offenders. 24 (c) To the extent that persons or agencies are given 25access to information pursuant to this Section, those persons 26or agencies may give this information to and receive this HB1596- 248 -LRB103 25063 WGH 51398 b 1information from each other in order to facilitate an 2investigation conducted by those persons or agencies. 3(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.) 4 (325 ILCS 5/11.1a) 5 Sec. 11.1a. Disclosure of information. 6 (a) The Director or a person designated in writing by the 7Director for this purpose may disclose information regarding 8the abuse or neglect of a child as set forth in this Section, 9the investigation thereof, and any services related thereto, 10if the Director or a person designated in writing by the 11Director he or she determines that such disclosure is not 12contrary to the best interests of the child, the child's 13siblings, or other children in the household, and one of the 14following factors are present: 15 (1) The subject of the report has been criminally 16 charged with committing a crime related to the child abuse 17 or neglect report; or 18 (2) A law enforcement agency or official, a State's 19 Attorney, or a judge of the State court system has 20 publicly disclosed in a report as part of the law 21 enforcement agency's or official's, the State's 22 Attorney's, or the judge's his or her official duty, 23 information regarding the investigation of a report or the 24 provision of services by the Department; or 25 (3) An adult subject of the report has knowingly and HB1596- 249 -LRB103 25063 WGH 51398 b 1 voluntarily made a public disclosure concerning a Child 2 Abuse and Neglect Tracking System report; or 3 (4) The child named in the report has been critically 4 injured or died. 5 (b) Information may be disclosed pursuant to this Section 6as follows: 7 (1) The name of the alleged abused or neglected child. 8 (2) The current status of the investigation, including 9 whether a determination of credible evidence has been 10 made. 11 (3) Identification of child protective or other 12 services provided or actions taken regarding the child 13 named in the report and the child's his or her family as a 14 result of this report. 15 (4) Whether there have been past reports of child 16 abuse or neglect involving this child or family, or both. 17 Any such reports shall be clearly identified as being 18 "Indicated", "Unfounded", or "Pending". 19 (5) Whether the Department has a current or past open 20 service case with the family, and a history of what types 21 of services have been, or are being, provided. 22 (6) Any extraordinary or pertinent information 23 concerning the circumstances of the report, if the 24 Director determines such disclosure is consistent with the 25 public interest. 26 (c) Any disclosure of information pursuant to this Section HB1596- 250 -LRB103 25063 WGH 51398 b 1shall not identify the name of or provide identifying 2information regarding the source of the report. 3 (d) In determining pursuant to subsection (a) of this 4Section, whether disclosure will be contrary to the best 5interests of the child, the child's siblings, or other 6children in the household, the Director shall consider the 7interest in privacy of the child and the child's family and the 8effects which disclosure may have on efforts to reunite and 9provide services to the family. 10 (e) Except as it applies directly to the cause of the abuse 11or neglect of the child, nothing in this Section shall be 12deemed to authorize the release or disclosure of the substance 13or content of any psychological, psychiatric, therapeutic, 14clinical, or medical reports, evaluations, or like materials 15pertaining to the child or the child's family. Prior to the 16release or disclosure of any psychological, psychiatric, or 17therapeutic reports pursuant to this subsection, the Deputy 18Director of Clinical Services shall review such materials and 19make recommendations regarding its release. Any disclosure of 20information pursuant to this Section shall not identify the 21health care provider, health care facility or other maker of 22the report or source of any psychological, psychiatric, 23therapeutic, clinical, or medical reports, evaluations, or 24like materials. 25 (f) Regarding child abuse or neglect reports which occur 26at a facility licensed by the Department of Children and HB1596- 251 -LRB103 25063 WGH 51398 b 1Family Services, only the following information may be 2disclosed or released: 3 (1) The name of the facility. 4 (2) The nature of the allegations of abuse or neglect. 5 (3) The number and ages of child victims involved, and 6 their relationship to the perpetrator. 7 (4) Actions the Department has taken to ensure the 8 safety of the children during and subsequent to the 9 investigation. 10 (5) The final finding status of the investigation. 11(Source: P.A. 90-75, eff. 1-1-98.) 12 (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3) 13 Sec. 11.3. A person given access to the names or other 14information identifying the subjects of the report, except the 15subject of the report, shall not make public such identifying 16information unless the person he is a State's attorney or 17other law enforcement official and the purpose is to initiate 18court action. Violation of this Section is a Class A 19misdemeanor. 20(Source: P.A. 81-1077.) 21 (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5) 22 Sec. 11.5. Public awareness program. 23 (a) No later than 6 months after the effective date of this 24amendatory Act of the 101st General Assembly, the Department HB1596- 252 -LRB103 25063 WGH 51398 b 1of Children and Family Services shall develop culturally 2sensitive materials on child abuse and child neglect, the 3statewide toll-free telephone number established under Section 47.6, and the process for reporting any reasonable suspicion of 5child abuse or child neglect. 6 The Department shall reach out to businesses and 7organizations to seek assistance in raising awareness about 8child abuse and child neglect and the statewide toll-free 9telephone number established under Section 7.6, including 10posting notices. The Department shall make a model notice 11available for download on the Department's website. The model 12notice shall: 13 (1) be available in English, Spanish, and the 2 other 14 languages most widely spoken in the State; 15 (2) be at least 8 1/2 inches by 11 inches in size and 16 written in a 16-point font; 17 (3) include the following statement: 18 "Protecting children is a responsibility we all 19 share. It is important for every person to take child 20 abuse and child neglect seriously, to be able to 21 recognize when it happens, and to know what to do next. 22 If you have reason to believe a child you know is being 23 abused or neglected, call the State's child abuse 24 hotline"; and 25 (4) include the statewide toll-free telephone number 26 established under Section 7.6, and the Department's HB1596- 253 -LRB103 25063 WGH 51398 b 1 website address where more information about child abuse 2 and child neglect is available. 3 (b) Within the appropriation available, the Department 4shall conduct a continuing education and training program for 5State and local staff, persons and officials required to 6report, the general public, and other persons engaged in or 7intending to engage in the prevention, identification, and 8treatment of child abuse and neglect. The program shall be 9designed to encourage the fullest degree of reporting of known 10and suspected child abuse and neglect, and to improve 11communication, cooperation, and coordination among all 12agencies in the identification, prevention, and treatment of 13child abuse and neglect. The program shall inform the general 14public and professionals of the nature and extent of child 15abuse and neglect and their responsibilities, obligations, 16powers and immunity from liability under this Act. It may 17include information on the diagnosis of child abuse and 18neglect and the roles and procedures of the Child Protective 19Service Unit, the Department and central register, the courts 20and of the protective, treatment, and ameliorative services 21available to children and their families. Such information may 22also include special needs of persons mothers at risk of 23delivering a child whose life or development may be threatened 24by a disabling condition, to ensure informed consent to 25treatment of the condition and understanding of the unique 26child care responsibilities required for such a child. The HB1596- 254 -LRB103 25063 WGH 51398 b 1program may also encourage parents and other persons having 2responsibility for the welfare of children to seek assistance 3on their own in meeting their child care responsibilities and 4encourage the voluntary acceptance of available services when 5they are needed. It may also include publicity and 6dissemination of information on the existence and number of 7the 24 hour, State-wide, toll-free telephone service to assist 8persons seeking assistance and to receive reports of known and 9suspected abuse and neglect. 10 (c) Within the appropriation available, the Department 11also shall conduct a continuing education and training program 12for State and local staff involved in investigating reports of 13child abuse or neglect made under this Act. The program shall 14be designed to train such staff in the necessary and 15appropriate procedures to be followed in investigating cases 16which it appears may result in civil or criminal charges being 17filed against a person. Program subjects shall include but not 18be limited to the gathering of evidence with a view toward 19presenting such evidence in court and the involvement of State 20or local law enforcement agencies in the investigation. The 21program shall be conducted in cooperation with State or local 22law enforcement agencies, State's Attorneys and other 23components of the criminal justice system as the Department 24deems appropriate. 25(Source: P.A. 101-564, eff. 1-1-20.) HB1596- 255 -LRB103 25063 WGH 51398 b 1 (325 ILCS 5/11.8) 2 Sec. 11.8. Cross-reporting. 3 (a) Investigation Specialists, Intact Family Specialists, 4and Placement Specialists employed by the Department of 5Children and Family Services who reasonably believe that an 6animal observed by them when in their professional or official 7capacity is being abused or neglected in violation of the 8Humane Care for Animals Act must immediately make a written or 9oral report to the Department of Agriculture's Bureau of 10Animal Health and Welfare. However, the Department of Children 11and Family Services may not discipline an Investigation 12Specialist, an Intact Family Specialist, or a Placement 13Specialist for failing to make such a report if the Specialist 14determines that making the report would interfere with the 15performance of the specialist's his or her child welfare 16protection duties. 17 (b) A home rule unit may not regulate the reporting of 18child abuse or neglect in a manner inconsistent with the 19provisions of this Section. This Section is a limitation under 20subsection (i) of Section 6 of Article VII of the Illinois 21Constitution on the concurrent exercise by home rule units of 22powers and functions exercised by the State. 23(Source: P.A. 96-494, eff. 8-14-09.) 24 Section 60. The Child Sexual Abuse Prevention Act is 25amended by changing Sections 4 and 7 as follows: HB1596- 256 -LRB103 25063 WGH 51398 b 1 (325 ILCS 15/4) (from Ch. 23, par. 2084) 2 Sec. 4. The Department of Children and Family Services 3shall support through a grant program a child sexual abuse 4crisis intervention demonstration center in Cook County and in 5other parts of the State as funding permits. The functions and 6goals of such crisis intervention centers shall be: 7 (a) To respond within 24 hours or as soon thereafter as 8possible to a report of child sexual abuse or exploitation by 9professional contact with the child and the child's his 10family, and with those persons in the courts and police 11department involved in the case. 12 (b) The agents of such crisis intervention centers shall: 13 (1) refer the child, and the child's his family if 14 appropriate, to counseling services, including those 15 provided by the treatment centers; 16 (2) accompany the victim through all stages of police 17 investigation, case development and trial where necessary; 18 (3) provide advice to involved police, assistant 19 district attorneys, and judges in the proper handling of a 20 child subjected to sexual abuse and exploitation whenever 21 possible. This advice will be made with consideration to 22 the following priorities: 23 (i) the welfare of the child; and 24 (ii) improved chances for a successful 25 prosecution; HB1596- 257 -LRB103 25063 WGH 51398 b 1 (4) make every effort to develop an approach which 2 meets the needs of developing a sound case by assisting 3 the child to understand and cope with the child's his role 4 in the prosecution process. 5 (c) The crisis intervention demonstration centers shall 6develop and implement written procedures for case planning and 7case monitoring in relation to the processes of treatment and 8of investigation and prosecution. 9 (d) Crisis intervention agents should demonstrate evidence 10of professional knowledge of child development and a record of 11positive interaction with the police and courts. 12 (e) The centers shall develop training materials for city 13and county and State personnel through the State to enable 14emulation and adaptation of the program by other communities 15and to develop awareness of the problems faced by a child 16sexual abuse victim as the victim he confronts the criminal 17justice system. 18 (f) The centers shall report to the director improvements 19in the criminal justice system and the interrelation of the 20criminal justice system and child support systems that would 21serve to meet the goals of this Act. 22 (g) Reports of child sexual abuse referred for 23investigation to a local law enforcement agency in Cook County 24by the State Central Registry of the Department of Children 25and Family Services must also be referred to the crisis 26intervention center. Reports of child sexual abuse made HB1596- 258 -LRB103 25063 WGH 51398 b 1directly to a local law enforcement agency in Cook County may 2be referred by that agency to the crisis intervention center. 3All centers shall make local law enforcement agencies aware of 4their purposes and encourage their utilization. 5(Source: P.A. 84-564.) 6 (325 ILCS 15/7) (from Ch. 23, par. 2087) 7 Sec. 7. The Director of the Department of Children and 8Family Services shall submit annual reports to the General 9Assembly concerning the Department's his findings regarding 10the degree of achievement of the goals of this Act. 11(Source: P.A. 84-564.) 12 Section 65. The Juvenile Court Act of 1987 is amended by 13changing Sections 1-2, 1-3, 1-5, 1-7, 1-8, 1-9, 2-1, 2-3, 2-4, 142-4b, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-10.3, 2-11, 2-13, 152-13.1, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-22, 2-23, 2-24, 162-25, 2-26, 2-27, 2-27.1, 2-28, 2-29, 2-31, 2-34, 3-1, 3-3, 173-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-14, 3-15, 183-16, 3-17, 3-18, 3-19, 3-21, 3-22, 3-23, 3-24, 3-25, 3-26, 193-27, 3-28, 3-29, 3-30, 3-32, 3-33.5, 4-1, 4-4, 4-5, 4-6, 4-7, 204-8, 4-9, 4-11, 4-12, 4-13, 4-14, 4-15, 4-16, 4-18, 4-20, 214-21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27, 4-29, 5-101, 5-105, 225-110, 5-120, 5-130, 5-145, 5-150, 5-155, 5-160, 5-170, 5-301, 235-305, 5-310, 5-401, 5-401.5, 5-401.6, 5-405, 5-407, 5-410, 245-415, 5-501, 5-505, 5-520, 5-525, 5-530, 5-601, 5-605, 5-610, HB1596- 259 -LRB103 25063 WGH 51398 b 15-615, 5-620, 5-625, 5-705, 5-710, 5-711, 5-715, 5-720, 5-725, 25-730, 5-735, 5-740, 5-745, 5-750, 5-755, 5-7A-105, 5-7A-115, 35-810, 5-815, 5-820, 5-901, 5-905, 5-910, 5-915, 5-920, 6-1, 46-3, 6-4, 6-7, 6-8, 6-9, and 6-10 as follows: 5 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2) 6 Sec. 1-2. Purpose and policy. 7 (1) The purpose of this Act is to secure for each minor 8subject hereto such care and guidance, preferably in the 9minor's his or her own home, as will serve the safety and 10moral, emotional, mental, and physical welfare of the minor 11and the best interests of the community; to preserve and 12strengthen the minor's family ties whenever possible, removing 13the minor him or her from the custody of the minor's his or her 14parents only when the minor's his or her safety or welfare or 15the protection of the public cannot be adequately safeguarded 16without removal; if the child is removed from the custody of 17the minor's his or her parent, the Department of Children and 18Family Services immediately shall consider concurrent 19planning, as described in Section 5 of the Children and Family 20Services Act so that permanency may occur at the earliest 21opportunity; consideration should be given so that if 22reunification fails or is delayed, the placement made is the 23best available placement to provide permanency for the child; 24and, when the minor is removed from the minor's his or her own 25family, to secure for the minor him or her custody, care and HB1596- 260 -LRB103 25063 WGH 51398 b 1discipline as nearly as possible equivalent to that which 2should be given by the minor's his or her parents, and in cases 3where it should and can properly be done to place the minor in 4a family home so that the minor he or she may become a member 5of the family by legal adoption or otherwise. Provided that a 6ground for unfitness under the Adoption Act can be met, it may 7be appropriate to expedite termination of parental rights: 8 (a) when reasonable efforts are inappropriate, or have 9 been provided and were unsuccessful, and there are 10 aggravating circumstances including, but not limited to, 11 those cases in which (i) the child or another child of that 12 child's parent was (A) abandoned, (B) tortured, or (C) 13 chronically abused or (ii) the parent is criminally 14 convicted of (A) first degree murder or second degree 15 murder of any child, (B) attempt or conspiracy to commit 16 first degree murder or second degree murder of any child, 17 (C) solicitation to commit murder, solicitation to commit 18 murder for hire, solicitation to commit second degree 19 murder of any child, or aggravated assault in violation of 20 subdivision (a)(13) of Section 12-2 of the Criminal Code 21 of 1961 or the Criminal Code of 2012, or (D) aggravated 22 criminal sexual assault in violation of Section 23 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of 24 1961 or the Criminal Code of 2012; or 25 (b) when the parental rights of a parent with respect 26 to another child of the parent have been involuntarily HB1596- 261 -LRB103 25063 WGH 51398 b 1 terminated; or 2 (c) in those extreme cases in which the parent's 3 incapacity to care for the child, combined with an 4 extremely poor prognosis for treatment or rehabilitation, 5 justifies expedited termination of parental rights. 6 (2) In all proceedings under this Act the court may direct 7the course thereof so as promptly to ascertain the 8jurisdictional facts and fully to gather information bearing 9upon the current condition and future welfare of persons 10subject to this Act. This Act shall be administered in a spirit 11of humane concern, not only for the rights of the parties, but 12also for the fears and the limits of understanding of all who 13appear before the court. 14 (3) In all procedures under this Act, the following shall 15apply: 16 (a) The procedural rights assured to the minor shall 17 be the rights of adults unless specifically precluded by 18 laws which enhance the protection of such minors. 19 (b) Every child has a right to services necessary to 20 the child's his or her safety and proper development, 21 including health, education and social services. 22 (c) The parents' right to the custody of their child 23 shall not prevail when the court determines that it is 24 contrary to the health, safety, and best interests of the 25 child. 26 (4) This Act shall be liberally construed to carry out the HB1596- 262 -LRB103 25063 WGH 51398 b 1foregoing purpose and policy. 2(Source: P.A. 97-1150, eff. 1-25-13.) 3 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) 4 Sec. 1-3. Definitions. Terms used in this Act, unless the 5context otherwise requires, have the following meanings 6ascribed to them: 7 (1) "Adjudicatory hearing" means a hearing to determine 8whether the allegations of a petition under Section 2-13, 3-15 9or 4-12 that a minor under 18 years of age is abused, neglected 10or dependent, or requires authoritative intervention, or 11addicted, respectively, are supported by a preponderance of 12the evidence or whether the allegations of a petition under 13Section 5-520 that a minor is delinquent are proved beyond a 14reasonable doubt. 15 (2) "Adult" means a person 21 years of age or older. 16 (3) "Agency" means a public or private child care facility 17legally authorized or licensed by this State for placement or 18institutional care or for both placement and institutional 19care. 20 (4) "Association" means any organization, public or 21private, engaged in welfare functions which include services 22to or on behalf of children but does not include "agency" as 23herein defined. 24 (4.05) Whenever a "best interest" determination is 25required, the following factors shall be considered in the HB1596- 263 -LRB103 25063 WGH 51398 b 1context of the child's age and developmental needs: 2 (a) the physical safety and welfare of the child, 3 including food, shelter, health, and clothing; 4 (b) the development of the child's identity; 5 (c) the child's background and ties, including 6 familial, cultural, and religious; 7 (d) the child's sense of attachments, including: 8 (i) where the child actually feels love, 9 attachment, and a sense of being valued (as opposed to 10 where adults believe the child should feel such love, 11 attachment, and a sense of being valued); 12 (ii) the child's sense of security; 13 (iii) the child's sense of familiarity; 14 (iv) continuity of affection for the child; 15 (v) the least disruptive placement alternative for 16 the child; 17 (e) the child's wishes and long-term goals; 18 (f) the child's community ties, including church, 19 school, and friends; 20 (g) the child's need for permanence which includes the 21 child's need for stability and continuity of relationships 22 with parent figures and with siblings and other relatives; 23 (h) the uniqueness of every family and child; 24 (i) the risks attendant to entering and being in 25 substitute care; and 26 (j) the preferences of the persons available to care HB1596- 264 -LRB103 25063 WGH 51398 b 1 for the child. 2 (4.1) "Chronic truant" shall have the definition ascribed 3to it in Section 26-2a of the School Code. 4 (5) "Court" means the circuit court in a session or 5division assigned to hear proceedings under this Act. 6 (6) "Dispositional hearing" means a hearing to determine 7whether a minor should be adjudged to be a ward of the court, 8and to determine what order of disposition should be made in 9respect to a minor adjudged to be a ward of the court. 10 (6.5) "Dissemination" or "disseminate" means to publish, 11produce, print, manufacture, distribute, sell, lease, exhibit, 12broadcast, display, transmit, or otherwise share information 13in any format so as to make the information accessible to 14others. 15 (7) "Emancipated minor" means any minor 16 years of age or 16over who has been completely or partially emancipated under 17the Emancipation of Minors Act or under this Act. 18 (7.03) "Expunge" means to physically destroy the records 19and to obliterate the minor's name from any official index, 20public record, or electronic database. 21 (7.05) "Foster parent" includes a relative caregiver 22selected by the Department of Children and Family Services to 23provide care for the minor. 24 (8) "Guardianship of the person" of a minor means the duty 25and authority to act in the best interests of the minor, 26subject to residual parental rights and responsibilities, to HB1596- 265 -LRB103 25063 WGH 51398 b 1make important decisions in matters having a permanent effect 2on the life and development of the minor and to be concerned 3with the minor's his or her general welfare. It includes but is 4not necessarily limited to: 5 (a) the authority to consent to marriage, to 6 enlistment in the armed forces of the United States, or to 7 a major medical, psychiatric, and surgical treatment; to 8 represent the minor in legal actions; and to make other 9 decisions of substantial legal significance concerning the 10 minor; 11 (b) the authority and duty of reasonable visitation, 12 except to the extent that these have been limited in the 13 best interests of the minor by court order; 14 (c) the rights and responsibilities of legal custody 15 except where legal custody has been vested in another 16 person or agency; and 17 (d) the power to consent to the adoption of the minor, 18 but only if expressly conferred on the guardian in 19 accordance with Section 2-29, 3-30, or 4-27. 20 (8.1) "Juvenile court record" includes, but is not limited 21to: 22 (a) all documents filed in or maintained by the 23 juvenile court pertaining to a specific incident, 24 proceeding, or individual; 25 (b) all documents relating to a specific incident, 26 proceeding, or individual made available to or maintained HB1596- 266 -LRB103 25063 WGH 51398 b 1 by probation officers; 2 (c) all documents, video or audio tapes, photographs, 3 and exhibits admitted into evidence at juvenile court 4 hearings; or 5 (d) all documents, transcripts, records, reports, or 6 other evidence prepared by, maintained by, or released by 7 any municipal, county, or State agency or department, in 8 any format, if indicating involvement with the juvenile 9 court relating to a specific incident, proceeding, or 10 individual. 11 (8.2) "Juvenile law enforcement record" includes records 12of arrest, station adjustments, fingerprints, probation 13adjustments, the issuance of a notice to appear, or any other 14records or documents maintained by any law enforcement agency 15relating to a minor suspected of committing an offense, and 16records maintained by a law enforcement agency that identifies 17a juvenile as a suspect in committing an offense, but does not 18include records identifying a juvenile as a victim, witness, 19or missing juvenile and any records created, maintained, or 20used for purposes of referral to programs relating to 21diversion as defined in subsection (6) of Section 5-105. 22 (9) "Legal custody" means the relationship created by an 23order of court in the best interests of the minor which imposes 24on the custodian the responsibility of physical possession of 25a minor and the duty to protect, train and discipline the minor 26him and to provide the minor him with food, shelter, education HB1596- 267 -LRB103 25063 WGH 51398 b 1and ordinary medical care, except as these are limited by 2residual parental rights and responsibilities and the rights 3and responsibilities of the guardian of the person, if any. 4 (9.1) "Mentally capable adult relative" means a person 21 5years of age or older who is not suffering from a mental 6illness that prevents the person him or her from providing the 7care necessary to safeguard the physical safety and welfare of 8a minor who is left in that person's care by the parent or 9parents or other person responsible for the minor's welfare. 10 (10) "Minor" means a person under the age of 21 years 11subject to this Act. 12 (11) "Parent" means a father or mother of a child and 13includes any adoptive parent. It also includes a person (i) 14whose parentage is presumed or has been established under the 15law of this or another jurisdiction or (ii) who has registered 16with the Putative Father Registry in accordance with Section 1712.1 of the Adoption Act and whose paternity has not been ruled 18out under the law of this or another jurisdiction. It does not 19include a parent whose rights in respect to the minor have been 20terminated in any manner provided by law. It does not include a 21person who has been or could be determined to be a parent under 22the Illinois Parentage Act of 1984 or the Illinois Parentage 23Act of 2015, or similar parentage law in any other state, if 24that person has been convicted of or pled nolo contendere to a 25crime that resulted in the conception of the child under 26Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, HB1596- 268 -LRB103 25063 WGH 51398 b 112-14.1, subsection (a) or (b) (but not subsection (c)) of 2Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or 3(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the 4Criminal Code of 1961 or the Criminal Code of 2012, or similar 5statute in another jurisdiction unless upon motion of any 6party, other than the offender, to the juvenile court 7proceedings the court finds it is in the child's best interest 8to deem the offender a parent for purposes of the juvenile 9court proceedings. 10 (11.1) "Permanency goal" means a goal set by the court as 11defined in subdivision (2) of Section 2-28. 12 (11.2) "Permanency hearing" means a hearing to set the 13permanency goal and to review and determine (i) the 14appropriateness of the services contained in the plan and 15whether those services have been provided, (ii) whether 16reasonable efforts have been made by all the parties to the 17service plan to achieve the goal, and (iii) whether the plan 18and goal have been achieved. 19 (12) "Petition" means the petition provided for in Section 202-13, 3-15, 4-12 or 5-520, including any supplemental 21petitions thereunder in Section 3-15, 4-12 or 5-520. 22 (12.1) "Physically capable adult relative" means a person 2321 years of age or older who does not have a severe physical 24disability or medical condition, or is not suffering from 25alcoholism or drug addiction, that prevents the person him or 26her from providing the care necessary to safeguard the HB1596- 269 -LRB103 25063 WGH 51398 b 1physical safety and welfare of a minor who is left in that 2person's care by the parent or parents or other person 3responsible for the minor's welfare. 4 (12.2) "Post Permanency Sibling Contact Agreement" has the 5meaning ascribed to the term in Section 7.4 of the Children and 6Family Services Act. 7 (12.3) "Residential treatment center" means a licensed 8setting that provides 24-hour care to children in a group home 9or institution, including a facility licensed as a child care 10institution under Section 2.06 of the Child Care Act of 1969, a 11licensed group home under Section 2.16 of the Child Care Act of 121969, a secure child care facility as defined in paragraph 13(18) of this Section, or any similar facility in another 14state. "Residential treatment center" does not include a 15relative foster home or a licensed foster family home. 16 (13) "Residual parental rights and responsibilities" means 17those rights and responsibilities remaining with the parent 18after the transfer of legal custody or guardianship of the 19person, including, but not necessarily limited to, the right 20to reasonable visitation (which may be limited by the court in 21the best interests of the minor as provided in subsection 22(8)(b) of this Section), the right to consent to adoption, the 23right to determine the minor's religious affiliation, and the 24responsibility for the minor's his support. 25 (14) "Shelter" means the temporary care of a minor in 26physically unrestricting facilities pending court disposition HB1596- 270 -LRB103 25063 WGH 51398 b 1or execution of court order for placement. 2 (14.05) "Shelter placement" means a temporary or emergency 3placement for a minor, including an emergency foster home 4placement. 5 (14.1) "Sibling Contact Support Plan" has the meaning 6ascribed to the term in Section 7.4 of the Children and Family 7Services Act. 8 (14.2) "Significant event report" means a written document 9describing an occurrence or event beyond the customary 10operations, routines, or relationships in the Department of 11Children of Family Services, a child care facility, or other 12entity that is licensed or regulated by the Department of 13Children of Family Services or that provides services for the 14Department of Children of Family Services under a grant, 15contract, or purchase of service agreement; involving children 16or youth, employees, foster parents, or relative caregivers; 17allegations of abuse or neglect or any other incident raising 18a concern about the well-being of a minor under the 19jurisdiction of the court under Article II of the Juvenile 20Court Act; incidents involving damage to property, allegations 21of criminal activity, misconduct, or other occurrences 22affecting the operations of the Department of Children of 23Family Services or a child care facility; any incident that 24could have media impact; and unusual incidents as defined by 25Department of Children and Family Services rule. 26 (15) "Station adjustment" means the informal handling of HB1596- 271 -LRB103 25063 WGH 51398 b 1an alleged offender by a juvenile police officer. 2 (16) "Ward of the court" means a minor who is so adjudged 3under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the 4requisite jurisdictional facts, and thus is subject to the 5dispositional powers of the court under this Act. 6 (17) "Juvenile police officer" means a sworn police 7officer who has completed a Basic Recruit Training Course, has 8been assigned to the position of juvenile police officer by 9the officer's his or her chief law enforcement officer and has 10completed the necessary juvenile officers training as 11prescribed by the Illinois Law Enforcement Training Standards 12Board, or in the case of a State police officer, juvenile 13officer training approved by the Director of the Illinois 14State Police. 15 (18) "Secure child care facility" means any child care 16facility licensed by the Department of Children and Family 17Services to provide secure living arrangements for children 18under 18 years of age who are subject to placement in 19facilities under the Children and Family Services Act and who 20are not subject to placement in facilities for whom standards 21are established by the Department of Corrections under Section 223-15-2 of the Unified Code of Corrections. "Secure child care 23facility" also means a facility that is designed and operated 24to ensure that all entrances and exits from the facility, a 25building, or a distinct part of the building are under the 26exclusive control of the staff of the facility, whether or not HB1596- 272 -LRB103 25063 WGH 51398 b 1the child has the freedom of movement within the perimeter of 2the facility, building, or distinct part of the building. 3(Source: P.A. 102-538, eff. 8-20-21.) 4 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5) 5 Sec. 1-5. Rights of parties to proceedings. 6 (1) Except as provided in this Section and paragraph (2) 7of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is 8the subject of the proceeding and the minor's his or her 9parents, guardian, legal custodian or responsible relative who 10are parties respondent have the right to be present, to be 11heard, to present evidence material to the proceedings, to 12cross-examine witnesses, to examine pertinent court files and 13records and also, although proceedings under this Act are not 14intended to be adversary in character, the right to be 15represented by counsel. At the request of any party 16financially unable to employ counsel, with the exception of a 17foster parent permitted to intervene under this Section, the 18court shall appoint the Public Defender or such other counsel 19as the case may require. Counsel appointed for the minor and 20any indigent party shall appear at all stages of the trial 21court proceeding, and such appointment shall continue through 22the permanency hearings and termination of parental rights 23proceedings subject to withdrawal, vacating of appointment, or 24substitution pursuant to Supreme Court Rules or the Code of 25Civil Procedure. Following the dispositional hearing, the HB1596- 273 -LRB103 25063 WGH 51398 b 1court may require appointed counsel, other than counsel for 2the minor or counsel for the guardian ad litem, to withdraw the 3counsel's his or her appearance upon failure of the party for 4whom counsel was appointed under this Section to attend any 5subsequent proceedings. 6 No hearing on any petition or motion filed under this Act 7may be commenced unless the minor who is the subject of the 8proceeding is represented by counsel. Notwithstanding the 9preceding sentence, if a guardian ad litem has been appointed 10for the minor under Section 2-17 of this Act and the guardian 11ad litem is a licensed attorney at law of this State, or in the 12event that a court appointed special advocate has been 13appointed as guardian ad litem and counsel has been appointed 14to represent the court appointed special advocate, the court 15may not require the appointment of counsel to represent the 16minor unless the court finds that the minor's interests are in 17conflict with what the guardian ad litem determines to be in 18the best interest of the minor. Each adult respondent shall be 19furnished a written "Notice of Rights" at or before the first 20hearing at which the adult respondent he or she appears. 21 (1.5) The Department shall maintain a system of response 22to inquiry made by parents or putative parents as to whether 23their child is under the custody or guardianship of the 24Department; and if so, the Department shall direct the parents 25or putative parents to the appropriate court of jurisdiction, 26including where inquiry may be made of the clerk of the court HB1596- 274 -LRB103 25063 WGH 51398 b 1regarding the case number and the next scheduled court date of 2the minor's case. Effective notice and the means of accessing 3information shall be given to the public on a continuing basis 4by the Department. 5 (2) (a) Though not appointed guardian or legal custodian 6or otherwise made a party to the proceeding, any current or 7previously appointed foster parent or relative caregiver, or 8representative of an agency or association interested in the 9minor has the right to be heard by the court, but does not 10thereby become a party to the proceeding. 11 In addition to the foregoing right to be heard by the 12court, any current foster parent or relative caregiver of a 13minor and the agency designated by the court or the Department 14of Children and Family Services as custodian of the minor who 15is alleged to be or has been adjudicated an abused or neglected 16minor under Section 2-3 or a dependent minor under Section 2-4 17of this Act has the right to and shall be given adequate notice 18at all stages of any hearing or proceeding under this Act. 19 Any foster parent or relative caregiver who is denied the 20his or her right to be heard under this Section may bring a 21mandamus action under Article XIV of the Code of Civil 22Procedure against the court or any public agency to enforce 23that right. The mandamus action may be brought immediately 24upon the denial of those rights but in no event later than 30 25days after the foster parent has been denied the right to be 26heard. HB1596- 275 -LRB103 25063 WGH 51398 b 1 (b) If after an adjudication that a minor is abused or 2neglected as provided under Section 2-21 of this Act and a 3motion has been made to restore the minor to any parent, 4guardian, or legal custodian found by the court to have caused 5the neglect or to have inflicted the abuse on the minor, a 6foster parent may file a motion to intervene in the proceeding 7for the sole purpose of requesting that the minor be placed 8with the foster parent, provided that the foster parent (i) is 9the current foster parent of the minor or (ii) has previously 10been a foster parent for the minor for one year or more, has a 11foster care license or is eligible for a license or is not 12required to have a license, and is not the subject of any 13findings of abuse or neglect of any child. The juvenile court 14may only enter orders placing a minor with a specific foster 15parent under this subsection (2)(b) and nothing in this 16Section shall be construed to confer any jurisdiction or 17authority on the juvenile court to issue any other orders 18requiring the appointed guardian or custodian of a minor to 19place the minor in a designated foster home or facility. This 20Section is not intended to encompass any matters that are 21within the scope or determinable under the administrative and 22appeal process established by rules of the Department of 23Children and Family Services under Section 5(o) of the 24Children and Family Services Act. Nothing in this Section 25shall relieve the court of its responsibility, under Section 262-14(a) of this Act to act in a just and speedy manner to HB1596- 276 -LRB103 25063 WGH 51398 b 1reunify families where it is the best interests of the minor 2and the child can be cared for at home without endangering the 3child's health or safety and, if reunification is not in the 4best interests of the minor, to find another permanent home 5for the minor. Nothing in this Section, or in any order issued 6by the court with respect to the placement of a minor with a 7foster parent, shall impair the ability of the Department of 8Children and Family Services, or anyone else authorized under 9Section 5 of the Abused and Neglected Child Reporting Act, to 10remove a minor from the home of a foster parent if the 11Department of Children and Family Services or the person 12removing the minor has reason to believe that the 13circumstances or conditions of the minor are such that 14continuing in the residence or care of the foster parent will 15jeopardize the child's health and safety or present an 16imminent risk of harm to that minor's life. 17 (c) If a foster parent has had the minor who is the subject 18of the proceeding under Article II in the foster parent's his 19or her home for more than one year on or after July 3, 1994 and 20if the minor's placement is being terminated from that foster 21parent's home, that foster parent shall have standing and 22intervenor status except in those circumstances where the 23Department of Children and Family Services or anyone else 24authorized under Section 5 of the Abused and Neglected Child 25Reporting Act has removed the minor from the foster parent 26because of a reasonable belief that the circumstances or HB1596- 277 -LRB103 25063 WGH 51398 b 1conditions of the minor are such that continuing in the 2residence or care of the foster parent will jeopardize the 3child's health or safety or presents an imminent risk of harm 4to the minor's life. 5 (d) The court may grant standing to any foster parent if 6the court finds that it is in the best interest of the child 7for the foster parent to have standing and intervenor status. 8 (3) Parties respondent are entitled to notice in 9compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 10and 4-15 or 5-525 and 5-530, as appropriate. At the first 11appearance before the court by the minor, the minor's his 12parents, guardian, custodian or responsible relative, the 13court shall explain the nature of the proceedings and inform 14the parties of their rights under the first 2 paragraphs of 15this Section. 16 If the child is alleged to be abused, neglected or 17dependent, the court shall admonish the parents that if the 18court declares the child to be a ward of the court and awards 19custody or guardianship to the Department of Children and 20Family Services, the parents must cooperate with the 21Department of Children and Family Services, comply with the 22terms of the service plans, and correct the conditions that 23require the child to be in care, or risk termination of their 24parental rights. 25 Upon an adjudication of wardship of the court under 26Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the HB1596- 278 -LRB103 25063 WGH 51398 b 1parties of their right to appeal therefrom as well as from any 2other final judgment of the court. 3 When the court finds that a child is an abused, neglected, 4or dependent minor under Section 2-21, the court shall 5admonish the parents that the parents must cooperate with the 6Department of Children and Family Services, comply with the 7terms of the service plans, and correct the conditions that 8require the child to be in care, or risk termination of their 9parental rights. 10 When the court declares a child to be a ward of the court 11and awards guardianship to the Department of Children and 12Family Services under Section 2-22, the court shall admonish 13the parents, guardian, custodian, or responsible relative that 14the parents must cooperate with the Department of Children and 15Family Services, comply with the terms of the service plans, 16and correct the conditions that require the child to be in 17care, or risk termination of their parental rights. 18 (4) No sanction may be applied against the minor who is the 19subject of the proceedings by reason of the minor's his 20refusal or failure to testify in the course of any hearing held 21prior to final adjudication under Section 2-22, 3-23, 4-20 or 225-705. 23 (5) In the discretion of the court, the minor may be 24excluded from any part or parts of a dispositional hearing 25and, with the consent of the parent or parents, guardian, 26counsel or a guardian ad litem, from any part or parts of an HB1596- 279 -LRB103 25063 WGH 51398 b 1adjudicatory hearing. 2 (6) The general public except for the news media and the 3crime victim, as defined in Section 3 of the Rights of Crime 4Victims and Witnesses Act, shall be excluded from any hearing 5and, except for the persons specified in this Section only 6persons, including representatives of agencies and 7associations, who in the opinion of the court have a direct 8interest in the case or in the work of the court shall be 9admitted to the hearing. However, the court may, for the 10minor's safety and protection and for good cause shown, 11prohibit any person or agency present in court from further 12disclosing the minor's identity. Nothing in this subsection 13(6) prevents the court from allowing other juveniles to be 14present or to participate in a court session being held under 15the Juvenile Drug Court Treatment Act. 16 (7) A party shall not be entitled to exercise the right to 17a substitution of a judge without cause under subdivision 18(a)(2) of Section 2-1001 of the Code of Civil Procedure in a 19proceeding under this Act if the judge is currently assigned 20to a proceeding involving the alleged abuse, neglect, or 21dependency of the minor's sibling or half sibling and that 22judge has made a substantive ruling in the proceeding 23involving the minor's sibling or half sibling. 24(Source: P.A. 101-147, eff. 1-1-20.) 25 (705 ILCS 405/1-7) HB1596- 280 -LRB103 25063 WGH 51398 b 1 Sec. 1-7. Confidentiality of juvenile law enforcement and 2municipal ordinance violation records. 3 (A) All juvenile law enforcement records which have not 4been expunged are confidential and may never be disclosed to 5the general public or otherwise made widely available. 6Juvenile law enforcement records may be obtained only under 7this Section and Section 1-8 and Part 9 of Article V of this 8Act, when their use is needed for good cause and with an order 9from the juvenile court, as required by those not authorized 10to retain them. Inspection, copying, and disclosure of 11juvenile law enforcement records maintained by law enforcement 12agencies or records of municipal ordinance violations 13maintained by any State, local, or municipal agency that 14relate to a minor who has been investigated, arrested, or 15taken into custody before the minor's his or her 18th birthday 16shall be restricted to the following: 17 (0.05) The minor who is the subject of the juvenile 18 law enforcement record, the minor's his or her parents, 19 guardian, and counsel. 20 (0.10) Judges of the circuit court and members of the 21 staff of the court designated by the judge. 22 (0.15) An administrative adjudication hearing officer 23 or members of the staff designated to assist in the 24 administrative adjudication process. 25 (1) Any local, State, or federal law enforcement 26 officers or designated law enforcement staff of any HB1596- 281 -LRB103 25063 WGH 51398 b 1 jurisdiction or agency when necessary for the discharge of 2 their official duties during the investigation or 3 prosecution of a crime or relating to a minor who has been 4 adjudicated delinquent and there has been a previous 5 finding that the act which constitutes the previous 6 offense was committed in furtherance of criminal 7 activities by a criminal street gang, or, when necessary 8 for the discharge of its official duties in connection 9 with a particular investigation of the conduct of a law 10 enforcement officer, an independent agency or its staff 11 created by ordinance and charged by a unit of local 12 government with the duty of investigating the conduct of 13 law enforcement officers. For purposes of this Section, 14 "criminal street gang" has the meaning ascribed to it in 15 Section 10 of the Illinois Streetgang Terrorism Omnibus 16 Prevention Act. 17 (2) Prosecutors, public defenders, probation officers, 18 social workers, or other individuals assigned by the court 19 to conduct a pre-adjudication or pre-disposition 20 investigation, and individuals responsible for supervising 21 or providing temporary or permanent care and custody for 22 minors under the order of the juvenile court, when 23 essential to performing their responsibilities. 24 (3) Federal, State, or local prosecutors, public 25 defenders, probation officers, and designated staff: 26 (a) in the course of a trial when institution of HB1596- 282 -LRB103 25063 WGH 51398 b 1 criminal proceedings has been permitted or required 2 under Section 5-805; 3 (b) when institution of criminal proceedings has 4 been permitted or required under Section 5-805 and the 5 minor is the subject of a proceeding to determine the 6 conditions of pretrial release; 7 (c) when criminal proceedings have been permitted 8 or required under Section 5-805 and the minor is the 9 subject of a pre-trial investigation, pre-sentence 10 investigation, fitness hearing, or proceedings on an 11 application for probation; or 12 (d) in the course of prosecution or administrative 13 adjudication of a violation of a traffic, boating, or 14 fish and game law, or a county or municipal ordinance. 15 (4) Adult and Juvenile Prisoner Review Board. 16 (5) Authorized military personnel. 17 (5.5) Employees of the federal government authorized 18 by law. 19 (6) Persons engaged in bona fide research, with the 20 permission of the Presiding Judge and the chief executive 21 of the respective law enforcement agency; provided that 22 publication of such research results in no disclosure of a 23 minor's identity and protects the confidentiality of the 24 minor's record. 25 (7) Department of Children and Family Services child 26 protection investigators acting in their official HB1596- 283 -LRB103 25063 WGH 51398 b 1 capacity. 2 (8) The appropriate school official only if the agency 3 or officer believes that there is an imminent threat of 4 physical harm to students, school personnel, or others. 5 (A) Inspection and copying shall be limited to 6 juvenile law enforcement records transmitted to the 7 appropriate school official or officials whom the 8 school has determined to have a legitimate educational 9 or safety interest by a local law enforcement agency 10 under a reciprocal reporting system established and 11 maintained between the school district and the local 12 law enforcement agency under Section 10-20.14 of the 13 School Code concerning a minor enrolled in a school 14 within the school district who has been arrested or 15 taken into custody for any of the following offenses: 16 (i) any violation of Article 24 of the 17 Criminal Code of 1961 or the Criminal Code of 18 2012; 19 (ii) a violation of the Illinois Controlled 20 Substances Act; 21 (iii) a violation of the Cannabis Control Act; 22 (iv) a forcible felony as defined in Section 23 2-8 of the Criminal Code of 1961 or the Criminal 24 Code of 2012; 25 (v) a violation of the Methamphetamine Control 26 and Community Protection Act; HB1596- 284 -LRB103 25063 WGH 51398 b 1 (vi) a violation of Section 1-2 of the 2 Harassing and Obscene Communications Act; 3 (vii) a violation of the Hazing Act; or 4 (viii) a violation of Section 12-1, 12-2, 5 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 6 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 7 Criminal Code of 1961 or the Criminal Code of 8 2012. 9 The information derived from the juvenile law 10 enforcement records shall be kept separate from and 11 shall not become a part of the official school record 12 of that child and shall not be a public record. The 13 information shall be used solely by the appropriate 14 school official or officials whom the school has 15 determined to have a legitimate educational or safety 16 interest to aid in the proper rehabilitation of the 17 child and to protect the safety of students and 18 employees in the school. If the designated law 19 enforcement and school officials deem it to be in the 20 best interest of the minor, the student may be 21 referred to in-school or community-based social 22 services if those services are available. 23 "Rehabilitation services" may include interventions by 24 school support personnel, evaluation for eligibility 25 for special education, referrals to community-based 26 agencies such as youth services, behavioral healthcare HB1596- 285 -LRB103 25063 WGH 51398 b 1 service providers, drug and alcohol prevention or 2 treatment programs, and other interventions as deemed 3 appropriate for the student. 4 (B) Any information provided to appropriate school 5 officials whom the school has determined to have a 6 legitimate educational or safety interest by local law 7 enforcement officials about a minor who is the subject 8 of a current police investigation that is directly 9 related to school safety shall consist of oral 10 information only, and not written juvenile law 11 enforcement records, and shall be used solely by the 12 appropriate school official or officials to protect 13 the safety of students and employees in the school and 14 aid in the proper rehabilitation of the child. The 15 information derived orally from the local law 16 enforcement officials shall be kept separate from and 17 shall not become a part of the official school record 18 of the child and shall not be a public record. This 19 limitation on the use of information about a minor who 20 is the subject of a current police investigation shall 21 in no way limit the use of this information by 22 prosecutors in pursuing criminal charges arising out 23 of the information disclosed during a police 24 investigation of the minor. For purposes of this 25 paragraph, "investigation" means an official 26 systematic inquiry by a law enforcement agency into HB1596- 286 -LRB103 25063 WGH 51398 b 1 actual or suspected criminal activity. 2 (9) Mental health professionals on behalf of the 3 Department of Corrections or the Department of Human 4 Services or prosecutors who are evaluating, prosecuting, 5 or investigating a potential or actual petition brought 6 under the Sexually Violent Persons Commitment Act relating 7 to a person who is the subject of juvenile law enforcement 8 records or the respondent to a petition brought under the 9 Sexually Violent Persons Commitment Act who is the subject 10 of the juvenile law enforcement records sought. Any 11 juvenile law enforcement records and any information 12 obtained from those juvenile law enforcement records under 13 this paragraph (9) may be used only in sexually violent 14 persons commitment proceedings. 15 (10) The president of a park district. Inspection and 16 copying shall be limited to juvenile law enforcement 17 records transmitted to the president of the park district 18 by the Illinois State Police under Section 8-23 of the 19 Park District Code or Section 16a-5 of the Chicago Park 20 District Act concerning a person who is seeking employment 21 with that park district and who has been adjudicated a 22 juvenile delinquent for any of the offenses listed in 23 subsection (c) of Section 8-23 of the Park District Code 24 or subsection (c) of Section 16a-5 of the Chicago Park 25 District Act. 26 (11) Persons managing and designated to participate in HB1596- 287 -LRB103 25063 WGH 51398 b 1 a court diversion program as designated in subsection (6) 2 of Section 5-105. 3 (12) The Public Access Counselor of the Office of the 4 Attorney General, when reviewing juvenile law enforcement 5 records under its powers and duties under the Freedom of 6 Information Act. 7 (13) Collection agencies, contracted or otherwise 8 engaged by a governmental entity, to collect any debts due 9 and owing to the governmental entity. 10 (B)(1) Except as provided in paragraph (2), no law 11enforcement officer or other person or agency may knowingly 12transmit to the Department of Corrections, the Illinois State 13Police, or the Federal Bureau of Investigation any fingerprint 14or photograph relating to a minor who has been arrested or 15taken into custody before the minor's his or her 18th 16birthday, unless the court in proceedings under this Act 17authorizes the transmission or enters an order under Section 185-805 permitting or requiring the institution of criminal 19proceedings. 20 (2) Law enforcement officers or other persons or agencies 21shall transmit to the Illinois State Police copies of 22fingerprints and descriptions of all minors who have been 23arrested or taken into custody before their 18th birthday for 24the offense of unlawful use of weapons under Article 24 of the 25Criminal Code of 1961 or the Criminal Code of 2012, a Class X 26or Class 1 felony, a forcible felony as defined in Section 2-8 HB1596- 288 -LRB103 25063 WGH 51398 b 1of the Criminal Code of 1961 or the Criminal Code of 2012, or a 2Class 2 or greater felony under the Cannabis Control Act, the 3Illinois Controlled Substances Act, the Methamphetamine 4Control and Community Protection Act, or Chapter 4 of the 5Illinois Vehicle Code, pursuant to Section 5 of the Criminal 6Identification Act. Information reported to the Department 7pursuant to this Section may be maintained with records that 8the Department files pursuant to Section 2.1 of the Criminal 9Identification Act. Nothing in this Act prohibits a law 10enforcement agency from fingerprinting a minor taken into 11custody or arrested before the minor's his or her 18th 12birthday for an offense other than those listed in this 13paragraph (2). 14 (C) The records of law enforcement officers, or of an 15independent agency created by ordinance and charged by a unit 16of local government with the duty of investigating the conduct 17of law enforcement officers, concerning all minors under 18 18years of age must be maintained separate from the records of 19arrests and may not be open to public inspection or their 20contents disclosed to the public. For purposes of obtaining 21documents under this Section, a civil subpoena is not an order 22of the court. 23 (1) In cases where the law enforcement, or independent 24 agency, records concern a pending juvenile court case, the 25 party seeking to inspect the records shall provide actual 26 notice to the attorney or guardian ad litem of the minor HB1596- 289 -LRB103 25063 WGH 51398 b 1 whose records are sought. 2 (2) In cases where the records concern a juvenile 3 court case that is no longer pending, the party seeking to 4 inspect the records shall provide actual notice to the 5 minor or the minor's parent or legal guardian, and the 6 matter shall be referred to the chief judge presiding over 7 matters pursuant to this Act. 8 (3) In determining whether the records should be 9 available for inspection, the court shall consider the 10 minor's interest in confidentiality and rehabilitation 11 over the moving party's interest in obtaining the 12 information. Any records obtained in violation of this 13 subsection (C) shall not be admissible in any criminal or 14 civil proceeding, or operate to disqualify a minor from 15 subsequently holding public office or securing employment, 16 or operate as a forfeiture of any public benefit, right, 17 privilege, or right to receive any license granted by 18 public authority. 19 (D) Nothing contained in subsection (C) of this Section 20shall prohibit the inspection or disclosure to victims and 21witnesses of photographs contained in the records of law 22enforcement agencies when the inspection and disclosure is 23conducted in the presence of a law enforcement officer for the 24purpose of the identification or apprehension of any person 25subject to the provisions of this Act or for the investigation 26or prosecution of any crime. HB1596- 290 -LRB103 25063 WGH 51398 b 1 (E) Law enforcement officers, and personnel of an 2independent agency created by ordinance and charged by a unit 3of local government with the duty of investigating the conduct 4of law enforcement officers, may not disclose the identity of 5any minor in releasing information to the general public as to 6the arrest, investigation or disposition of any case involving 7a minor. 8 (F) Nothing contained in this Section shall prohibit law 9enforcement agencies from communicating with each other by 10letter, memorandum, teletype, or intelligence alert bulletin 11or other means the identity or other relevant information 12pertaining to a person under 18 years of age if there are 13reasonable grounds to believe that the person poses a real and 14present danger to the safety of the public or law enforcement 15officers. The information provided under this subsection (F) 16shall remain confidential and shall not be publicly disclosed, 17except as otherwise allowed by law. 18 (G) Nothing in this Section shall prohibit the right of a 19Civil Service Commission or appointing authority of any 20federal government, state, county or municipality examining 21the character and fitness of an applicant for employment with 22a law enforcement agency, correctional institution, or fire 23department from obtaining and examining the records of any law 24enforcement agency relating to any record of the applicant 25having been arrested or taken into custody before the 26applicant's 18th birthday. HB1596- 291 -LRB103 25063 WGH 51398 b 1 (G-5) Information identifying victims and alleged victims 2of sex offenses shall not be disclosed or open to the public 3under any circumstances. Nothing in this Section shall 4prohibit the victim or alleged victim of any sex offense from 5voluntarily disclosing this his or her own identity. 6 (H) The changes made to this Section by Public Act 98-61 7apply to law enforcement records of a minor who has been 8arrested or taken into custody on or after January 1, 2014 (the 9effective date of Public Act 98-61). 10 (H-5) Nothing in this Section shall require any court or 11adjudicative proceeding for traffic, boating, fish and game 12law, or municipal and county ordinance violations to be closed 13to the public. 14 (I) Willful violation of this Section is a Class C 15misdemeanor and each violation is subject to a fine of $1,000. 16This subsection (I) shall not apply to the person who is the 17subject of the record. 18 (J) A person convicted of violating this Section is liable 19for damages in the amount of $1,000 or actual damages, 20whichever is greater. 21(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 22102-752, eff. 1-1-23; 102-813, eff. 5-13-22.) 23 (705 ILCS 405/1-8) 24 Sec. 1-8. Confidentiality and accessibility of juvenile 25court records. HB1596- 292 -LRB103 25063 WGH 51398 b 1 (A) A juvenile adjudication shall never be considered a 2conviction nor shall an adjudicated individual be considered a 3criminal. Unless expressly allowed by law, a juvenile 4adjudication shall not operate to impose upon the individual 5any of the civil disabilities ordinarily imposed by or 6resulting from conviction. Unless expressly allowed by law, 7adjudications shall not prejudice or disqualify the individual 8in any civil service application or appointment, from holding 9public office, or from receiving any license granted by public 10authority. All juvenile court records which have not been 11expunged are sealed and may never be disclosed to the general 12public or otherwise made widely available. Sealed juvenile 13court records may be obtained only under this Section and 14Section 1-7 and Part 9 of Article V of this Act, when their use 15is needed for good cause and with an order from the juvenile 16court. Inspection and copying of juvenile court records 17relating to a minor who is the subject of a proceeding under 18this Act shall be restricted to the following: 19 (1) The minor who is the subject of record, the 20 minor's his or her parents, guardian, and counsel. 21 (2) Law enforcement officers and law enforcement 22 agencies when such information is essential to executing 23 an arrest or search warrant or other compulsory process, 24 or to conducting an ongoing investigation or relating to a 25 minor who has been adjudicated delinquent and there has 26 been a previous finding that the act which constitutes the HB1596- 293 -LRB103 25063 WGH 51398 b 1 previous offense was committed in furtherance of criminal 2 activities by a criminal street gang. 3 Before July 1, 1994, for the purposes of this Section, 4 "criminal street gang" means any ongoing organization, 5 association, or group of 3 or more persons, whether formal 6 or informal, having as one of its primary activities the 7 commission of one or more criminal acts and that has a 8 common name or common identifying sign, symbol or specific 9 color apparel displayed, and whose members individually or 10 collectively engage in or have engaged in a pattern of 11 criminal activity. 12 Beginning July 1, 1994, for purposes of this Section, 13 "criminal street gang" has the meaning ascribed to it in 14 Section 10 of the Illinois Streetgang Terrorism Omnibus 15 Prevention Act. 16 (3) Judges, hearing officers, prosecutors, public 17 defenders, probation officers, social workers, or other 18 individuals assigned by the court to conduct a 19 pre-adjudication or pre-disposition investigation, and 20 individuals responsible for supervising or providing 21 temporary or permanent care and custody for minors under 22 the order of the juvenile court when essential to 23 performing their responsibilities. 24 (4) Judges, federal, State, and local prosecutors, 25 public defenders, probation officers, and designated 26 staff: HB1596- 294 -LRB103 25063 WGH 51398 b 1 (a) in the course of a trial when institution of 2 criminal proceedings has been permitted or required 3 under Section 5-805; 4 (b) when criminal proceedings have been permitted 5 or required under Section 5-805 and a minor is the 6 subject of a proceeding to determine the conditions of 7 pretrial release; 8 (c) when criminal proceedings have been permitted 9 or required under Section 5-805 and a minor is the 10 subject of a pre-trial investigation, pre-sentence 11 investigation or fitness hearing, or proceedings on an 12 application for probation; or 13 (d) when a minor becomes 18 years of age or older, 14 and is the subject of criminal proceedings, including 15 a hearing to determine the conditions of pretrial 16 release, a pre-trial investigation, a pre-sentence 17 investigation, a fitness hearing, or proceedings on an 18 application for probation. 19 (5) Adult and Juvenile Prisoner Review Boards. 20 (6) Authorized military personnel. 21 (6.5) Employees of the federal government authorized 22 by law. 23 (7) Victims, their subrogees and legal 24 representatives; however, such persons shall have access 25 only to the name and address of the minor and information 26 pertaining to the disposition or alternative adjustment HB1596- 295 -LRB103 25063 WGH 51398 b 1 plan of the juvenile court. 2 (8) Persons engaged in bona fide research, with the 3 permission of the presiding judge of the juvenile court 4 and the chief executive of the agency that prepared the 5 particular records; provided that publication of such 6 research results in no disclosure of a minor's identity 7 and protects the confidentiality of the record. 8 (9) The Secretary of State to whom the Clerk of the 9 Court shall report the disposition of all cases, as 10 required in Section 6-204 of the Illinois Vehicle Code. 11 However, information reported relative to these offenses 12 shall be privileged and available only to the Secretary of 13 State, courts, and police officers. 14 (10) The administrator of a bonafide substance abuse 15 student assistance program with the permission of the 16 presiding judge of the juvenile court. 17 (11) Mental health professionals on behalf of the 18 Department of Corrections or the Department of Human 19 Services or prosecutors who are evaluating, prosecuting, 20 or investigating a potential or actual petition brought 21 under the Sexually Violent Persons Commitment Act relating 22 to a person who is the subject of juvenile court records or 23 the respondent to a petition brought under the Sexually 24 Violent Persons Commitment Act, who is the subject of 25 juvenile court records sought. Any records and any 26 information obtained from those records under this HB1596- 296 -LRB103 25063 WGH 51398 b 1 paragraph (11) may be used only in sexually violent 2 persons commitment proceedings. 3 (12) Collection agencies, contracted or otherwise 4 engaged by a governmental entity, to collect any debts due 5 and owing to the governmental entity. 6 (A-1) Findings and exclusions of paternity entered in 7proceedings occurring under Article II of this Act shall be 8disclosed, in a manner and form approved by the Presiding 9Judge of the Juvenile Court, to the Department of Healthcare 10and Family Services when necessary to discharge the duties of 11the Department of Healthcare and Family Services under Article 12X of the Illinois Public Aid Code. 13 (B) A minor who is the victim in a juvenile proceeding 14shall be provided the same confidentiality regarding 15disclosure of identity as the minor who is the subject of 16record. 17 (C)(0.1) In cases where the records concern a pending 18juvenile court case, the requesting party seeking to inspect 19the juvenile court records shall provide actual notice to the 20attorney or guardian ad litem of the minor whose records are 21sought. 22 (0.2) In cases where the juvenile court records concern a 23juvenile court case that is no longer pending, the requesting 24party seeking to inspect the juvenile court records shall 25provide actual notice to the minor or the minor's parent or 26legal guardian, and the matter shall be referred to the chief HB1596- 297 -LRB103 25063 WGH 51398 b 1judge presiding over matters pursuant to this Act. 2 (0.3) In determining whether juvenile court records should 3be made available for inspection and whether inspection should 4be limited to certain parts of the file, the court shall 5consider the minor's interest in confidentiality and 6rehabilitation over the requesting party's interest in 7obtaining the information. The State's Attorney, the minor, 8and the minor's parents, guardian, and counsel shall at all 9times have the right to examine court files and records. 10 (0.4) Any records obtained in violation of this Section 11shall not be admissible in any criminal or civil proceeding, 12or operate to disqualify a minor from subsequently holding 13public office, or operate as a forfeiture of any public 14benefit, right, privilege, or right to receive any license 15granted by public authority. 16 (D) Pending or following any adjudication of delinquency 17for any offense defined in Sections 11-1.20 through 11-1.60 or 1812-13 through 12-16 of the Criminal Code of 1961 or the 19Criminal Code of 2012, the victim of any such offense shall 20receive the rights set out in Sections 4 and 6 of the Bill of 21Rights for Victims and Witnesses of Violent Crime Act; and the 22juvenile who is the subject of the adjudication, 23notwithstanding any other provision of this Act, shall be 24treated as an adult for the purpose of affording such rights to 25the victim. 26 (E) Nothing in this Section shall affect the right of a HB1596- 298 -LRB103 25063 WGH 51398 b 1Civil Service Commission or appointing authority of the 2federal government, or any state, county, or municipality 3examining the character and fitness of an applicant for 4employment with a law enforcement agency, correctional 5institution, or fire department to ascertain whether that 6applicant was ever adjudicated to be a delinquent minor and, 7if so, to examine the records of disposition or evidence which 8were made in proceedings under this Act. 9 (F) Following any adjudication of delinquency for a crime 10which would be a felony if committed by an adult, or following 11any adjudication of delinquency for a violation of Section 1224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the 13Criminal Code of 2012, the State's Attorney shall ascertain 14whether the minor respondent is enrolled in school and, if so, 15shall provide a copy of the dispositional order to the 16principal or chief administrative officer of the school. 17Access to the dispositional order shall be limited to the 18principal or chief administrative officer of the school and 19any school counselor designated by the principal or chief 20administrative officer him or her. 21 (G) Nothing contained in this Act prevents the sharing or 22disclosure of information or records relating or pertaining to 23juveniles subject to the provisions of the Serious Habitual 24Offender Comprehensive Action Program when that information is 25used to assist in the early identification and treatment of 26habitual juvenile offenders. HB1596- 299 -LRB103 25063 WGH 51398 b 1 (H) When a court hearing a proceeding under Article II of 2this Act becomes aware that an earlier proceeding under 3Article II had been heard in a different county, that court 4shall request, and the court in which the earlier proceedings 5were initiated shall transmit, an authenticated copy of the 6juvenile court record, including all documents, petitions, and 7orders filed and the minute orders, transcript of proceedings, 8and docket entries of the court. 9 (I) The Clerk of the Circuit Court shall report to the 10Illinois State Police, in the form and manner required by the 11Illinois State Police, the final disposition of each minor who 12has been arrested or taken into custody before the minor's his 13or her 18th birthday for those offenses required to be 14reported under Section 5 of the Criminal Identification Act. 15Information reported to the Department under this Section may 16be maintained with records that the Department files under 17Section 2.1 of the Criminal Identification Act. 18 (J) The changes made to this Section by Public Act 98-61 19apply to juvenile law enforcement records of a minor who has 20been arrested or taken into custody on or after January 1, 2014 21(the effective date of Public Act 98-61). 22 (K) Willful violation of this Section is a Class C 23misdemeanor and each violation is subject to a fine of $1,000. 24This subsection (K) shall not apply to the person who is the 25subject of the record. 26 (L) A person convicted of violating this Section is liable HB1596- 300 -LRB103 25063 WGH 51398 b 1for damages in the amount of $1,000 or actual damages, 2whichever is greater. 3(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; 4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) 5 (705 ILCS 405/1-9) (from Ch. 37, par. 801-9) 6 Sec. 1-9. Expungement of law enforcement and juvenile 7court records. 8 (1) Expungement of law enforcement and juvenile court 9delinquency records shall be governed by Part 9 of Article V of 10this Act. 11 (2) This subsection (2) applies to expungement of law 12enforcement and juvenile court records other than delinquency 13proceedings. Whenever any person has attained the age of 18 or 14whenever all juvenile court proceedings relating to that 15person have been terminated, whichever is later, the person 16may petition the court to expunge law enforcement records 17relating to incidents occurring before the minor's his 18th 18birthday or the minor's his juvenile court records, or both, 19if the minor was placed under supervision pursuant to Sections 202-20, 3-21, or 4-18, and such order of supervision has since 21been successfully terminated. 22 (3) The chief judge of the circuit in which an arrest was 23made or a charge was brought or any judge of that circuit 24designated by the chief judge may, upon verified petition of a 25person who is the subject of an arrest or a juvenile court HB1596- 301 -LRB103 25063 WGH 51398 b 1proceeding pursuant to subsection (2) of this Section, order 2the law enforcement records or juvenile court records, or 3both, to be expunged from the official records of the 4arresting authority and the clerk of the circuit court. Notice 5of the petition shall be served upon the State's Attorney and 6upon the arresting authority which is the subject of the 7petition for expungement. 8 (4) The changes made to this Section by this amendatory 9Act of the 98th General Assembly apply to law enforcement and 10juvenile court records of a minor who has been arrested or 11taken into custody on or after the effective date of this 12amendatory Act. 13(Source: P.A. 100-1162, eff. 12-20-18.) 14 (705 ILCS 405/2-1) (from Ch. 37, par. 802-1) 15 Sec. 2-1. Jurisdictional facts. Proceedings may be 16instituted under the provisions of this Article concerning 17minors boys and girls who are abused, neglected or dependent, 18as defined in Sections 2-3 or 2-4. 19(Source: P.A. 85-601.) 20 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) 21 Sec. 2-3. Neglected or abused minor. 22 (1) Those who are neglected include: 23 (a) any minor under 18 years of age or a minor 18 years 24 of age or older for whom the court has made a finding of HB1596- 302 -LRB103 25063 WGH 51398 b 1 probable cause to believe that the minor is abused, 2 neglected, or dependent under subsection (1) of Section 3 2-10 prior to the minor's 18th birthday who is not 4 receiving the proper or necessary support, education as 5 required by law, or medical or other remedial care 6 recognized under State law as necessary for a minor's 7 well-being, or other care necessary for the minor's his or 8 her well-being, including adequate food, clothing and 9 shelter, or who is abandoned by the minor's his or her 10 parent or parents or other person or persons responsible 11 for the minor's welfare, except that a minor shall not be 12 considered neglected for the sole reason that the minor's 13 parent or parents or other person or persons responsible 14 for the minor's welfare have left the minor in the care of 15 an adult relative for any period of time, who the parent or 16 parents or other person responsible for the minor's 17 welfare know is both a mentally capable adult relative and 18 physically capable adult relative, as defined by this Act; 19 or 20 (b) any minor under 18 years of age or a minor 18 years 21 of age or older for whom the court has made a finding of 22 probable cause to believe that the minor is abused, 23 neglected, or dependent under subsection (1) of Section 24 2-10 prior to the minor's 18th birthday whose environment 25 is injurious to the minor's his or her welfare; or 26 (c) any newborn infant whose blood, urine, or meconium HB1596- 303 -LRB103 25063 WGH 51398 b 1 contains any amount of a controlled substance as defined 2 in subsection (f) of Section 102 of the Illinois 3 Controlled Substances Act, as now or hereafter amended, or 4 a metabolite of a controlled substance, with the exception 5 of controlled substances or metabolites of such 6 substances, the presence of which in the newborn infant is 7 the result of medical treatment administered to the person 8 who gave birth mother or the newborn infant; or 9 (d) any minor under the age of 14 years whose parent or 10 other person responsible for the minor's welfare leaves 11 the minor without supervision for an unreasonable period 12 of time without regard for the mental or physical health, 13 safety, or welfare of that minor; or 14 (e) any minor who has been provided with interim 15 crisis intervention services under Section 3-5 of this Act 16 and whose parent, guardian, or custodian refuses to permit 17 the minor to return home unless the minor is an immediate 18 physical danger to the minor himself, herself, or others 19 living in the home. 20 Whether the minor was left without regard for the mental 21or physical health, safety, or welfare of that minor or the 22period of time was unreasonable shall be determined by 23considering the following factors, including but not limited 24to: 25 (1) the age of the minor; 26 (2) the number of minors left at the location; HB1596- 304 -LRB103 25063 WGH 51398 b 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 19 the 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 HB1596- 305 -LRB103 25063 WGH 51398 b 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 13reason that the minor has been relinquished in accordance with 14the Abandoned Newborn Infant Protection Act. 15 (2) Those who are abused include any minor under 18 years 16of age or a minor 18 years of age or older for whom the court 17has made a finding of probable cause to believe that the minor 18is abused, neglected, or dependent under subsection (1) of 19Section 2-10 prior to the minor's 18th birthday whose parent 20or immediate family member, or any person responsible for the 21minor's welfare, or any person who is in the same family or 22household as the minor, or any individual residing in the same 23home 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, HB1596- 306 -LRB103 25063 WGH 51398 b 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 9 offense against such minor, as such sex offenses are 10 defined in the Criminal Code of 1961 or the Criminal Code 11 of 2012, or in the Wrongs to Children Act, and extending 12 those definitions of sex offenses to include minors under 13 18 years of age; 14 (iv) commits or allows to be committed an act or acts 15 of torture upon such minor; 16 (v) inflicts excessive corporal punishment; 17 (vi) commits or allows to be committed the offense of 18 involuntary servitude, involuntary sexual servitude of a 19 minor, or trafficking in persons as defined in Section 20 10-9 of the Criminal Code of 1961 or the Criminal Code of 21 2012, upon such minor; or 22 (vii) allows, encourages or requires a minor to commit 23 any act of prostitution, as defined in the Criminal Code 24 of 1961 or the Criminal Code of 2012, and extending those 25 definitions to include minors under 18 years of age. 26 A minor shall not be considered abused for the sole reason HB1596- 307 -LRB103 25063 WGH 51398 b 1that the minor has been relinquished in accordance with the 2Abandoned Newborn Infant Protection Act. 3 (3) This Section does not apply to a minor who would be 4included herein solely for the purpose of qualifying for 5financial assistance for the minor, the minor's himself, his 6parents, guardian or custodian. 7 (4) The changes made by this amendatory Act of the 101st 8General Assembly apply to a case that is pending on or after 9the effective date of this amendatory Act of the 101st General 10Assembly. 11(Source: P.A. 101-79, eff. 7-12-19.) 12 (705 ILCS 405/2-4) (from Ch. 37, par. 802-4) 13 Sec. 2-4. Dependent minor. 14 (1) Those who are dependent include any minor under 18 15years of age or a minor 18 years of age or older for whom the 16court has made a finding of probable cause to believe that the 17minor is abused, neglected, or dependent under subsection (1) 18of Section 2-10 prior to the minor's 18th birthday: 19 (a) who is without a parent, guardian or legal 20 custodian; 21 (b) who is without proper care because of the physical 22 or mental disability of the minor's his parent, guardian 23 or custodian; 24 (c) who is without proper medical or other remedial 25 care recognized under State law or other care necessary HB1596- 308 -LRB103 25063 WGH 51398 b 1 for the minor's his or her well being through no fault, 2 neglect or lack of concern by the minor's his parents, 3 guardian or custodian, provided that no order may be made 4 terminating parental rights, nor may a minor be removed 5 from the custody of the minor's his or her parents for 6 longer than 6 months, pursuant to an adjudication as a 7 dependent minor under this subdivision (c), unless it is 8 found to be in the minor's his or her best interest by the 9 court or the case automatically closes as provided under 10 Section 2-31 of this Act; or 11 (d) who has a parent, guardian or legal custodian who 12 with good cause wishes to be relieved of all residual 13 parental rights and responsibilities, guardianship or 14 custody, and who desires the appointment of a guardian of 15 the person with power to consent to the adoption of the 16 minor under Section 2-29. 17 (2) This Section does not apply to a minor who would be 18included herein solely for the purpose of qualifying for 19financial assistance for the minor, the minor's himself, his 20parent or parents, guardian or custodian or to a minor solely 21because the minor's his or her parent or parents or guardian 22has left the minor for any period of time in the care of an 23adult relative, who the parent or parents or guardian know is 24both a mentally capable adult relative and physically capable 25adult relative, as defined by this Act. 26 (3) The changes made by this amendatory Act of the 101st HB1596- 309 -LRB103 25063 WGH 51398 b 1General Assembly apply to a case that is pending on or after 2the effective date of this amendatory Act of the 101st General 3Assembly. 4(Source: P.A. 101-79, eff. 7-12-19.) 5 (705 ILCS 405/2-4b) 6 Sec. 2-4b. Family Support Program services; hearing. 7 (a) Any minor who is placed in the custody or guardianship 8of the Department of Children and Family Services under 9Article II of this Act on the basis of a petition alleging that 10the minor is dependent because the minor was left at a 11psychiatric hospital beyond medical necessity, and for whom an 12application for the Family Support Program was pending with 13the Department of Healthcare and Family Services or an active 14application was being reviewed by the Department of Healthcare 15and Family Services at the time the petition was filed, shall 16continue to be considered eligible for services if all other 17eligibility criteria are met. 18 (b) The court shall conduct a hearing within 14 days upon 19notification to all parties that an application for the Family 20Support Program services has been approved and services are 21available. At the hearing, the court shall determine whether 22to vacate the custody or guardianship of the Department of 23Children and Family Services and return the minor to the 24custody of the respondent with Family Support Program services 25or whether the minor shall continue to be in the custody or HB1596- 310 -LRB103 25063 WGH 51398 b 1guardianship of the Department of Children and Family Services 2and decline the Family Support Program services. In making its 3determination, the court shall consider the minor's best 4interest, the involvement of the respondent in proceedings 5under this Act, the involvement of the respondent in the 6minor's treatment, the relationship between the minor and the 7respondent, and any other factor the court deems relevant. If 8the court vacates the custody or guardianship of the 9Department of Children and Family Services and returns the 10minor to the custody of the respondent with Family Support 11Services, the Department of Healthcare and Family Services 12shall become fiscally responsible for providing services to 13the minor. If the court determines that the minor shall 14continue in the custody of the Department of Children and 15Family Services, the Department of Children and Family 16Services shall remain fiscally responsible for providing 17services to the minor, the Family Support Services shall be 18declined, and the minor shall no longer be eligible for Family 19Support Services. 20 (c) This Section does not apply to a minor: 21 (1) for whom a petition has been filed under this Act 22 alleging that the minor he or she is an abused or neglected 23 minor; 24 (2) for whom the court has made a finding that the 25 minor he or she is an abused or neglected minor under this 26 Act; or HB1596- 311 -LRB103 25063 WGH 51398 b 1 (3) who is in the temporary custody of the Department 2 of Children and Family Services and the minor has been the 3 subject of an indicated allegation of abuse or neglect, 4 other than for psychiatric lockout, where a respondent was 5 the perpetrator within 5 years of the filing of the 6 pending petition. 7(Source: P.A. 100-978, eff. 8-19-18; 101-81, eff. 7-12-19.) 8 (705 ILCS 405/2-5) (from Ch. 37, par. 802-5) 9 Sec. 2-5. Taking into custody. 10 (1) A law enforcement officer may, without a warrant, take 11into temporary custody a minor (a) whom the officer with 12reasonable cause believes to be a person described in Section 132-3 or 2-4; (b) who has been adjudged a ward of the court and 14has escaped from any commitment ordered by the court under 15this Act; or (c) who is found in any street or public place 16suffering from any sickness or injury which requires care, 17medical treatment or hospitalization. 18 (2) Whenever a petition has been filed under Section 2-13 19and the court finds that the conduct and behavior of the minor 20may endanger the health, person, welfare, or property of the 21minor himself or others or that the circumstances of the 22minor's his home environment may endanger the minor's his 23health, person, welfare or property, a warrant may be issued 24immediately to take the minor into custody. 25 (3) The taking of a minor into temporary custody under HB1596- 312 -LRB103 25063 WGH 51398 b 1this Section is not an arrest nor does it constitute a police 2record. 3(Source: P.A. 85-601.) 4 (705 ILCS 405/2-6) (from Ch. 37, par. 802-6) 5 Sec. 2-6. Duty of officer. (1) A law enforcement officer 6who takes a minor into custody under Section 2-5 shall 7immediately make a reasonable attempt to notify the parent or 8other person legally responsible for the minor's care or the 9person with whom the minor resides that the minor has been 10taken into custody and where the minor he or she is being held. 11 (a) A law enforcement officer who takes a minor into 12custody with a warrant shall without unnecessary delay take 13the minor to the nearest juvenile police officer designated 14for such purposes in the county of venue. 15 (b) A law enforcement officer who takes a minor into 16custody without a warrant shall place the minor in temporary 17protective custody and shall immediately notify the Department 18of Children and Family Services by contacting either the 19central register established under 7.7 of the Abused and 20Neglected Child Reporting Act or the nearest Department of 21Children and Family Services office. If there is reasonable 22cause to suspect that a minor has died as a result of abuse or 23neglect, the law enforcement officer shall immediately report 24such suspected abuse or neglect to the appropriate medical 25examiner or coroner. HB1596- 313 -LRB103 25063 WGH 51398 b 1(Source: P.A. 85-601.) 2 (705 ILCS 405/2-7) (from Ch. 37, par. 802-7) 3 Sec. 2-7. Temporary custody. "Temporary custody" means the 4temporary placement of the minor out of the custody of the 5minor's his or her guardian or parent, and includes the 6following: 7 (1) "Temporary protective custody" means custody within a 8hospital or other medical facility or a place previously 9designated for such custody by the Department of Children and 10Family Services, subject to review by the court, including a 11licensed foster home, group home, or other institution. 12However, such place shall not be a jail or other place for the 13detention of the criminal or juvenile offenders. 14 (2) "Shelter care" means a physically unrestrictive 15facility designated by the Department of Children and Family 16Services or a licensed child welfare agency, or other suitable 17place designated by the court for a minor who requires care 18away from the minor's his or her home. 19(Source: P.A. 85-601.) 20 (705 ILCS 405/2-8) (from Ch. 37, par. 802-8) 21 Sec. 2-8. Investigation; release. When a minor is 22delivered to the court, or to the place designated by the court 23under Section 2-7 of this Act, a probation officer or such 24other public officer designated by the court shall immediately HB1596- 314 -LRB103 25063 WGH 51398 b 1investigate the circumstances of the minor and the facts 2surrounding the minor his or her being taken into custody. The 3minor shall be immediately released to the custody of the 4minor's his or her parent, guardian, legal custodian or 5responsible relative, unless the probation officer or such 6other public officer designated by the court finds that 7further temporary protective custody is necessary, as provided 8in Section 2-7. 9(Source: P.A. 85-601.) 10 (705 ILCS 405/2-9) (from Ch. 37, par. 802-9) 11 Sec. 2-9. Setting of temporary custody hearing; notice; 12release. 13 (1) Unless sooner released, a minor as defined in Section 142-3 or 2-4 of this Act taken into temporary protective custody 15must be brought before a judicial officer within 48 hours, 16exclusive of Saturdays, Sundays and court-designated holidays, 17for a temporary custody hearing to determine whether the minor 18he shall be further held in custody. 19 (2) If the probation officer or such other public officer 20designated by the court determines that the minor should be 21retained in custody, the probation officer or such other 22public officer designated by the court he shall cause a 23petition to be filed as provided in Section 2-13 of this 24Article, and the clerk of the court shall set the matter for 25hearing on the temporary custody hearing calendar. When a HB1596- 315 -LRB103 25063 WGH 51398 b 1parent, guardian, custodian or responsible relative is present 2and so requests, the temporary custody hearing shall be held 3immediately if the court is in session, otherwise at the 4earliest feasible time. The petitioner through counsel or such 5other public officer designated by the court shall insure 6notification to the minor's parent, guardian, custodian or 7responsible relative of the time and place of the hearing by 8the best practicable notice, allowing for oral notice in place 9of written notice only if provision of written notice is 10unreasonable under the circumstances. 11 (3) The minor must be released from temporary protective 12custody at the expiration of the 48 hour period specified by 13this Section if not brought before a judicial officer within 14that period. 15(Source: P.A. 87-759.) 16 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10) 17 Sec. 2-10. Temporary custody hearing. At the appearance of 18the minor before the court at the temporary custody hearing, 19all witnesses present shall be examined before the court in 20relation to any matter connected with the allegations made in 21the petition. 22 (1) If the court finds that there is not probable cause to 23believe that the minor is abused, neglected or dependent it 24shall release the minor and dismiss the petition. 25 (2) If the court finds that there is probable cause to HB1596- 316 -LRB103 25063 WGH 51398 b 1believe that the minor is abused, neglected or dependent, the 2court shall state in writing the factual basis supporting its 3finding and the minor, the minor's his or her parent, 4guardian, custodian and other persons able to give relevant 5testimony shall be examined before the court. The Department 6of Children and Family Services shall give testimony 7concerning indicated reports of abuse and neglect, of which 8they are aware through the central registry, involving the 9minor's parent, guardian or custodian. After such testimony, 10the court may, consistent with the health, safety and best 11interests of the minor, enter an order that the minor shall be 12released upon the request of parent, guardian or custodian if 13the parent, guardian or custodian appears to take custody. If 14it is determined that a parent's, guardian's, or custodian's 15compliance with critical services mitigates the necessity for 16removal of the minor from the minor's his or her home, the 17court may enter an Order of Protection setting forth 18reasonable conditions of behavior that a parent, guardian, or 19custodian must observe for a specified period of time, not to 20exceed 12 months, without a violation; provided, however, that 21the 12-month period shall begin anew after any violation. 22"Custodian" includes the Department of Children and Family 23Services, if it has been given custody of the child, or any 24other agency of the State which has been given custody or 25wardship of the child. If it is consistent with the health, 26safety and best interests of the minor, the court may also HB1596- 317 -LRB103 25063 WGH 51398 b 1prescribe shelter care and order that the minor be kept in a 2suitable place designated by the court or in a shelter care 3facility designated by the Department of Children and Family 4Services or a licensed child welfare agency; however, on and 5after January 1, 2015 (the effective date of Public Act 698-803) and before January 1, 2017, a minor charged with a 7criminal offense under the Criminal Code of 1961 or the 8Criminal Code of 2012 or adjudicated delinquent shall not be 9placed in the custody of or committed to the Department of 10Children and Family Services by any court, except a minor less 11than 16 years of age and committed to the Department of 12Children and Family Services under Section 5-710 of this Act 13or a minor for whom an independent basis of abuse, neglect, or 14dependency exists; and on and after January 1, 2017, a minor 15charged with a criminal offense under the Criminal Code of 161961 or the Criminal Code of 2012 or adjudicated delinquent 17shall not be placed in the custody of or committed to the 18Department of Children and Family Services by any court, 19except a minor less than 15 years of age and committed to the 20Department of Children and Family Services under Section 5-710 21of this Act or a minor for whom an independent basis of abuse, 22neglect, or dependency exists. An independent basis exists 23when the allegations or adjudication of abuse, neglect, or 24dependency do not arise from the same facts, incident, or 25circumstances which give rise to a charge or adjudication of 26delinquency. HB1596- 318 -LRB103 25063 WGH 51398 b 1 In placing the minor, the Department or other agency 2shall, to the extent compatible with the court's order, comply 3with Section 7 of the Children and Family Services Act. In 4determining the health, safety and best interests of the minor 5to prescribe shelter care, the court must find that it is a 6matter of immediate and urgent necessity for the safety and 7protection of the minor or of the person or property of another 8that the minor be placed in a shelter care facility or that the 9minor he or she is likely to flee the jurisdiction of the 10court, and must further find that reasonable efforts have been 11made or that, consistent with the health, safety and best 12interests of the minor, no efforts reasonably can be made to 13prevent or eliminate the necessity of removal of the minor 14from the minor's his or her home. The court shall require 15documentation from the Department of Children and Family 16Services as to the reasonable efforts that were made to 17prevent or eliminate the necessity of removal of the minor 18from the minor's his or her home or the reasons why no efforts 19reasonably could be made to prevent or eliminate the necessity 20of removal. When a minor is placed in the home of a relative, 21the Department of Children and Family Services shall complete 22a preliminary background review of the members of the minor's 23custodian's household in accordance with Section 4.3 of the 24Child Care Act of 1969 within 90 days of that placement. If the 25minor is ordered placed in a shelter care facility of the 26Department of Children and Family Services or a licensed child HB1596- 319 -LRB103 25063 WGH 51398 b 1welfare agency, the court shall, upon request of the 2appropriate Department or other agency, appoint the Department 3of Children and Family Services Guardianship Administrator or 4other appropriate agency executive temporary custodian of the 5minor and the court may enter such other orders related to the 6temporary custody as it deems fit and proper, including the 7provision of services to the minor or the minor's his family to 8ameliorate the causes contributing to the finding of probable 9cause or to the finding of the existence of immediate and 10urgent necessity. 11 Where the Department of Children and Family Services 12Guardianship Administrator is appointed as the executive 13temporary custodian, the Department of Children and Family 14Services shall file with the court and serve on the parties a 15parent-child visiting plan, within 10 days, excluding weekends 16and holidays, after the appointment. The parent-child visiting 17plan shall set out the time and place of visits, the frequency 18of visits, the length of visits, who shall be present at the 19visits, and where appropriate, the minor's opportunities to 20have telephone and mail communication with the parents. 21 Where the Department of Children and Family Services 22Guardianship Administrator is appointed as the executive 23temporary custodian, and when the child has siblings in care, 24the Department of Children and Family Services shall file with 25the court and serve on the parties a sibling placement and 26contact plan within 10 days, excluding weekends and holidays, HB1596- 320 -LRB103 25063 WGH 51398 b 1after the appointment. The sibling placement and contact plan 2shall set forth whether the siblings are placed together, and 3if they are not placed together, what, if any, efforts are 4being made to place them together. If the Department has 5determined that it is not in a child's best interest to be 6placed with a sibling, the Department shall document in the 7sibling placement and contact plan the basis for its 8determination. For siblings placed separately, the sibling 9placement and contact plan shall set the time and place for 10visits, the frequency of the visits, the length of visits, who 11shall be present for the visits, and where appropriate, the 12child's opportunities to have contact with their siblings in 13addition to in person contact. If the Department determines it 14is not in the best interest of a sibling to have contact with a 15sibling, the Department shall document in the sibling 16placement and contact plan the basis for its determination. 17The sibling placement and contact plan shall specify a date 18for development of the Sibling Contact Support Plan, under 19subsection (f) of Section 7.4 of the Children and Family 20Services Act, and shall remain in effect until the Sibling 21Contact Support Plan is developed. 22 For good cause, the court may waive the requirement to 23file the parent-child visiting plan or the sibling placement 24and contact plan, or extend the time for filing either plan. 25Any party may, by motion, request the court to review the 26parent-child visiting plan to determine whether it is HB1596- 321 -LRB103 25063 WGH 51398 b 1reasonably calculated to expeditiously facilitate the 2achievement of the permanency goal. A party may, by motion, 3request the court to review the parent-child visiting plan or 4the sibling placement and contact plan to determine whether it 5is consistent with the minor's best interest. The court may 6refer the parties to mediation where available. The frequency, 7duration, and locations of visitation shall be measured by the 8needs of the child and family, and not by the convenience of 9Department personnel. Child development principles shall be 10considered by the court in its analysis of how frequent 11visitation should be, how long it should last, where it should 12take place, and who should be present. If upon motion of the 13party to review either plan and after receiving evidence, the 14court determines that the parent-child visiting plan is not 15reasonably calculated to expeditiously facilitate the 16achievement of the permanency goal or that the restrictions 17placed on parent-child contact or sibling placement or contact 18are contrary to the child's best interests, the court shall 19put in writing the factual basis supporting the determination 20and enter specific findings based on the evidence. The court 21shall enter an order for the Department to implement changes 22to the parent-child visiting plan or sibling placement or 23contact plan, consistent with the court's findings. At any 24stage of proceeding, any party may by motion request the court 25to enter any orders necessary to implement the parent-child 26visiting plan, sibling placement or contact plan or HB1596- 322 -LRB103 25063 WGH 51398 b 1subsequently developed Sibling Contact Support Plan. Nothing 2under this subsection (2) shall restrict the court from 3granting discretionary authority to the Department to increase 4opportunities for additional parent-child contacts or sibling 5contacts, without further court orders. Nothing in this 6subsection (2) shall restrict the Department from immediately 7restricting or terminating parent-child contact or sibling 8contacts, without either amending the parent-child visiting 9plan or the sibling contact plan or obtaining a court order, 10where the Department or its assigns reasonably believe there 11is an immediate need to protect the child's health, safety, 12and welfare. Such restrictions or terminations must be based 13on available facts to the Department and its assigns when 14viewed in light of the surrounding circumstances and shall 15only occur on an individual case-by-case basis. The Department 16shall file with the court and serve on the parties any 17amendments to the plan within 10 days, excluding weekends and 18holidays, of the change of the visitation. 19 Acceptance of services shall not be considered an 20admission of any allegation in a petition made pursuant to 21this Act, nor may a referral of services be considered as 22evidence in any proceeding pursuant to this Act, except where 23the issue is whether the Department has made reasonable 24efforts to reunite the family. In making its findings that it 25is consistent with the health, safety and best interests of 26the minor to prescribe shelter care, the court shall state in HB1596- 323 -LRB103 25063 WGH 51398 b 1writing (i) the factual basis supporting its findings 2concerning the immediate and urgent necessity for the 3protection of the minor or of the person or property of another 4and (ii) the factual basis supporting its findings that 5reasonable efforts were made to prevent or eliminate the 6removal of the minor from the minor's his or her home or that 7no efforts reasonably could be made to prevent or eliminate 8the removal of the minor from the minor's his or her home. The 9parents, guardian, custodian, temporary custodian and minor 10shall each be furnished a copy of such written findings. The 11temporary custodian shall maintain a copy of the court order 12and written findings in the case record for the child. The 13order together with the court's findings of fact in support 14thereof shall be entered of record in the court. 15 Once the court finds that it is a matter of immediate and 16urgent necessity for the protection of the minor that the 17minor be placed in a shelter care facility, the minor shall not 18be returned to the parent, custodian or guardian until the 19court finds that such placement is no longer necessary for the 20protection of the minor. 21 If the child is placed in the temporary custody of the 22Department of Children and Family Services for the minor's his 23or her protection, the court shall admonish the parents, 24guardian, custodian or responsible relative that the parents 25must cooperate with the Department of Children and Family 26Services, comply with the terms of the service plans, and HB1596- 324 -LRB103 25063 WGH 51398 b 1correct the conditions which require the child to be in care, 2or risk termination of their parental rights. The court shall 3ensure, by inquiring in open court of each parent, guardian, 4custodian or responsible relative, that the parent, guardian, 5custodian or responsible relative has had the opportunity to 6provide the Department with all known names, addresses, and 7telephone numbers of each of the minor's living maternal and 8paternal adult relatives, including, but not limited to, 9grandparents, siblings of the minor's parents aunts, uncles, 10and siblings. The court shall advise the parents, guardian, 11custodian or responsible relative to inform the Department if 12additional information regarding the minor's adult relatives 13becomes available. 14 (3) If prior to the shelter care hearing for a minor 15described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is 16unable to serve notice on the party respondent, the shelter 17care hearing may proceed ex parte. A shelter care order from an 18ex parte hearing shall be endorsed with the date and hour of 19issuance and shall be filed with the clerk's office and 20entered of record. The order shall expire after 10 days from 21the time it is issued unless before its expiration it is 22renewed, at a hearing upon appearance of the party respondent, 23or upon an affidavit of the moving party as to all diligent 24efforts to notify the party respondent by notice as herein 25prescribed. The notice prescribed shall be in writing and 26shall be personally delivered to the minor or the minor's HB1596- 325 -LRB103 25063 WGH 51398 b 1attorney and to the last known address of the other person or 2persons entitled to notice. The notice shall also state the 3nature of the allegations, the nature of the order sought by 4the State, including whether temporary custody is sought, and 5the consequences of failure to appear and shall contain a 6notice that the parties will not be entitled to further 7written notices or publication notices of proceedings in this 8case, including the filing of an amended petition or a motion 9to terminate parental rights, except as required by Supreme 10Court Rule 11; and shall explain the right of the parties and 11the procedures to vacate or modify a shelter care order as 12provided in this Section. The notice for a shelter care 13hearing shall be substantially as follows: 14NOTICE TO PARENTS AND CHILDREN 15OF SHELTER CARE HEARING 16 On ................ at ........., before the Honorable 17 ................, (address:) ................., the State 18 of Illinois will present evidence (1) that (name of child 19 or children) ....................... are abused, neglected 20 or dependent for the following reasons: 21 .............................................. and (2) 22 whether there is "immediate and urgent necessity" to 23 remove the child or children from the responsible 24 relative. 25 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN 26 PLACEMENT of the child or children in foster care until a HB1596- 326 -LRB103 25063 WGH 51398 b 1 trial can be held. A trial may not be held for up to 90 2 days. You will not be entitled to further notices of 3 proceedings in this case, including the filing of an 4 amended petition or a motion to terminate parental rights. 5 At the shelter care hearing, parents have the 6 following rights: 7 1. To ask the court to appoint a lawyer if they 8 cannot afford one. 9 2. To ask the court to continue the hearing to 10 allow them time to prepare. 11 3. To present evidence concerning: 12 a. Whether or not the child or children were 13 abused, neglected or dependent. 14 b. Whether or not there is "immediate and 15 urgent necessity" to remove the child from home 16 (including: their ability to care for the child, 17 conditions in the home, alternative means of 18 protecting the child other than removal). 19 c. The best interests of the child. 20 4. To cross examine the State's witnesses. 21 The Notice for rehearings shall be substantially as 22follows: 23NOTICE OF PARENT'S AND CHILDREN'S RIGHTS 24TO REHEARING ON TEMPORARY CUSTODY 25 If you were not present at and did not have adequate HB1596- 327 -LRB103 25063 WGH 51398 b 1 notice of the Shelter Care Hearing at which temporary 2 custody of ............... was awarded to 3 ................, you have the right to request a full 4 rehearing on whether the State should have temporary 5 custody of ................. To request this rehearing, 6 you must file with the Clerk of the Juvenile Court 7 (address): ........................, in person or by 8 mailing a statement (affidavit) setting forth the 9 following: 10 1. That you were not present at the shelter care 11 hearing. 12 2. That you did not get adequate notice 13 (explaining how the notice was inadequate). 14 3. Your signature. 15 4. Signature must be notarized. 16 The rehearing should be scheduled within 48 hours of 17 your filing this affidavit. 18 At the rehearing, your rights are the same as at the 19 initial shelter care hearing. The enclosed notice explains 20 those rights. 21 At the Shelter Care Hearing, children have the 22 following rights: 23 1. To have a guardian ad litem appointed. 24 2. To be declared competent as a witness and to 25 present testimony concerning: 26 a. Whether they are abused, neglected or HB1596- 328 -LRB103 25063 WGH 51398 b 1 dependent. 2 b. Whether there is "immediate and urgent 3 necessity" to be removed from home. 4 c. Their best interests. 5 3. To cross examine witnesses for other parties. 6 4. To obtain an explanation of any proceedings and 7 orders of the court. 8 (4) If the parent, guardian, legal custodian, responsible 9relative, minor age 8 or over, or counsel of the minor did not 10have actual notice of or was not present at the shelter care 11hearing, the parent, guardian, legal custodian, responsible 12relative, minor age 8 or over, or counsel of the minor he or 13she may file an affidavit setting forth these facts, and the 14clerk shall set the matter for rehearing not later than 48 15hours, excluding Sundays and legal holidays, after the filing 16of the affidavit. At the rehearing, the court shall proceed in 17the same manner as upon the original hearing. 18 (5) Only when there is reasonable cause to believe that 19the minor taken into custody is a person described in 20subsection (3) of Section 5-105 may the minor be kept or 21detained in a detention home or county or municipal jail. This 22Section shall in no way be construed to limit subsection (6). 23 (6) No minor under 16 years of age may be confined in a 24jail or place ordinarily used for the confinement of prisoners 25in a police station. Minors under 18 years of age must be kept 26separate from confined adults and may not at any time be kept HB1596- 329 -LRB103 25063 WGH 51398 b 1in the same cell, room, or yard with adults confined pursuant 2to the criminal law. 3 (7) If the minor is not brought before a judicial officer 4within the time period as specified in Section 2-9, the minor 5must immediately be released from custody. 6 (8) If neither the parent, guardian or custodian appears 7within 24 hours to take custody of a minor released upon 8request pursuant to subsection (2) of this Section, then the 9clerk of the court shall set the matter for rehearing not later 10than 7 days after the original order and shall issue a summons 11directed to the parent, guardian or custodian to appear. At 12the same time the probation department shall prepare a report 13on the minor. If a parent, guardian or custodian does not 14appear at such rehearing, the judge may enter an order 15prescribing that the minor be kept in a suitable place 16designated by the Department of Children and Family Services 17or a licensed child welfare agency. 18 (9) Notwithstanding any other provision of this Section 19any interested party, including the State, the temporary 20custodian, an agency providing services to the minor or family 21under a service plan pursuant to Section 8.2 of the Abused and 22Neglected Child Reporting Act, foster parent, or any of their 23representatives, on notice to all parties entitled to notice, 24may file a motion that it is in the best interests of the minor 25to modify or vacate a temporary custody order on any of the 26following grounds: HB1596- 330 -LRB103 25063 WGH 51398 b 1 (a) It is no longer a matter of immediate and urgent 2 necessity that the minor remain in shelter care; or 3 (b) There is a material change in the circumstances of 4 the natural family from which the minor was removed and 5 the child can be cared for at home without endangering the 6 child's health or safety; or 7 (c) A person not a party to the alleged abuse, neglect 8 or dependency, including a parent, relative or legal 9 guardian, is capable of assuming temporary custody of the 10 minor; or 11 (d) Services provided by the Department of Children 12 and Family Services or a child welfare agency or other 13 service provider have been successful in eliminating the 14 need for temporary custody and the child can be cared for 15 at home without endangering the child's health or safety. 16 In ruling on the motion, the court shall determine whether 17it is consistent with the health, safety and best interests of 18the minor to modify or vacate a temporary custody order. If the 19minor is being restored to the custody of a parent, legal 20custodian, or guardian who lives outside of Illinois, and an 21Interstate Compact has been requested and refused, the court 22may order the Department of Children and Family Services to 23arrange for an assessment of the minor's proposed living 24arrangement and for ongoing monitoring of the health, safety, 25and best interest of the minor and compliance with any order of 26protective supervision entered in accordance with Section 2-20 HB1596- 331 -LRB103 25063 WGH 51398 b 1or 2-25. 2 The clerk shall set the matter for hearing not later than 314 days after such motion is filed. In the event that the court 4modifies or vacates a temporary custody order but does not 5vacate its finding of probable cause, the court may order that 6appropriate services be continued or initiated in behalf of 7the minor and the minor's his or her family. 8 (10) When the court finds or has found that there is 9probable cause to believe a minor is an abused minor as 10described in subsection (2) of Section 2-3 and that there is an 11immediate and urgent necessity for the abused minor to be 12placed in shelter care, immediate and urgent necessity shall 13be presumed for any other minor residing in the same household 14as the abused minor provided: 15 (a) Such other minor is the subject of an abuse or 16 neglect petition pending before the court; and 17 (b) A party to the petition is seeking shelter care 18 for such other minor. 19 Once the presumption of immediate and urgent necessity has 20been raised, the burden of demonstrating the lack of immediate 21and urgent necessity shall be on any party that is opposing 22shelter care for the other minor. 23 (11) The changes made to this Section by Public Act 98-61 24apply to a minor who has been arrested or taken into custody on 25or after January 1, 2014 (the effective date of Public Act 2698-61). HB1596- 332 -LRB103 25063 WGH 51398 b 1 (12) After the court has placed a minor in the care of a 2temporary custodian pursuant to this Section, any party may 3file a motion requesting the court to grant the temporary 4custodian the authority to serve as a surrogate decision maker 5for the minor under the Health Care Surrogate Act for purposes 6of making decisions pursuant to paragraph (1) of subsection 7(b) of Section 20 of the Health Care Surrogate Act. The court 8may grant the motion if it determines by clear and convincing 9evidence that it is in the best interests of the minor to grant 10the temporary custodian such authority. In making its 11determination, the court shall weigh the following factors in 12addition to considering the best interests factors listed in 13subsection (4.05) of Section 1-3 of this Act: 14 (a) the efforts to identify and locate the respondents 15 and adult family members of the minor and the results of 16 those efforts; 17 (b) the efforts to engage the respondents and adult 18 family members of the minor in decision making on behalf 19 of the minor; 20 (c) the length of time the efforts in paragraphs (a) 21 and (b) have been ongoing; 22 (d) the relationship between the respondents and adult 23 family members and the minor; 24 (e) medical testimony regarding the extent to which 25 the minor is suffering and the impact of a delay in 26 decision-making on the minor; and HB1596- 333 -LRB103 25063 WGH 51398 b 1 (f) any other factor the court deems relevant. 2 If the Department of Children and Family Services is the 3temporary custodian of the minor, in addition to the 4requirements of paragraph (1) of subsection (b) of Section 20 5of the Health Care Surrogate Act, the Department shall follow 6its rules and procedures in exercising authority granted under 7this subsection. 8(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 9102-813, eff. 5-13-22.) 10 (705 ILCS 405/2-10.3) 11 Sec. 2-10.3. Access to news media. 12 (a) All youth in the custody or guardianship of the 13Department of Children and Family Services are entitled to the 14freedom of speech guaranteed by the First Amendment to the 15Constitution of the United States and Section 4 of Article I of 16the Illinois Constitution. The Department of Children and 17Family Services and its agents and assigns shall not interfere 18with the right of any youth in its custody or guardianship to 19communicate with the news media if the youth chooses to do so. 20 (b) Provisions related to minors under 18. Any time the 21news media requests to speak with a specific, identified minor 22under 18 years of age, the Department of Children and Family 23Services shall immediately provide notice of the news media's 24request to the minor's attorney and guardian ad litem. The 25notice shall include at a minimum the minor's name, the news HB1596- 334 -LRB103 25063 WGH 51398 b 1media name, and the date of the inquiry from the news media. 2Within one business day of the news media's request, the 3Department shall determine whether the minor wants to speak 4with the news media, whether the minor has sufficient maturity 5to make the minor's his or her own decision to communicate with 6the news media and whether contact with the news media will 7more likely than not cause the minor serious physical, 8emotional, or mental harm. The Department shall provide notice 9of its determination to the minor's attorney and guardian ad 10litem within one business day of its determination. 11 (c) Provisions related to minors over 18. The Department 12shall not take any action to interfere with the right of a 13minor over 18 to speak with the news media. 14 (d) Court Review. 15 (1) Any party may file a motion seeking to enforce 16 rights under this Section. 17 (2) If the minor does not have an attorney, the court 18 shall appoint one for purposes of the motion. 19 (3) The Department shall facilitate the minor's 20 presence in court for hearings on the motion if the minor 21 wants to be present. 22 (4) The party filing the motion shall provide prior 23 notice of the hearing to the involved news media. 24 (5) Minors over 18. If the court finds that the 25 Department has interfered with the minor's right to 26 communicate with the media, the court shall enjoin any HB1596- 335 -LRB103 25063 WGH 51398 b 1 further interference by the Department with the minor's 2 contacts with the news media. 3 (6) Minors under 18. The Department shall have the 4 burden of establishing by clear and convincing evidence: 5 (i) that the minor does not have sufficient maturity to 6 make the minor's his or her own decision to communicate 7 with the news media and that contact with the news media 8 will, more likely than not, cause the minor serious 9 physical, emotional, or mental harm; and (ii) that less 10 restrictive means are insufficient to address the minor's 11 lack of maturity or the risk of serious physical, 12 emotional, or mental harm. If the court finds by clear and 13 convincing evidence that a minor under 18 years of age 14 lacks sufficient maturity to make the minor's his or her 15 own decision to communicate with the media and that the 16 contact with the news media will, more likely than not, 17 cause the minor serious physical, emotional, or mental 18 harm, the court may issue an order identifying the 19 specific limits that the Department may impose on the 20 minor's communication with the news media. The order shall 21 not permit the Department to prevent the minor from 22 communicating with the news media unless it determines 23 that no less restrictive means are available to address 24 the likelihood of harm to the minor. 25 (7) The court shall not impose any limitations on the 26 speech of a minor based on viewpoints the minor may HB1596- 336 -LRB103 25063 WGH 51398 b 1 express or information the minor may divulge, unless it is 2 confidential information regarding third parties. 3 (8) All orders resolving motions brought under this 4 subsection shall contain written findings in support of 5 the court's ruling. 6 (e) As used in this Section, "interfere" includes, but is 7not limited to: withholding information from a minor about a 8news media outlet's request to speak with the minor, including 9any contact information necessary to respond to the request; 10preventing a minor from communicating with the news media; 11threatening or coercing the minor in any manner; or punishing 12or taking adverse action because of a minor's contact with the 13news media. "Interfere" does not include: 14 (1) providing information and advice about 15 communicating with news media that is consistent with the 16 minor's age, developmental capacity and circumstances, 17 including information about the minor's right to refuse 18 particular questions, the right to condition the 19 participation upon a promise of anonymity or other privacy 20 measures, the right to refuse to speak to the news media, 21 and similar advice designed to enhance the minor's right 22 to autonomy in communicating with the news media; and 23 (2) conducting an inquiry into (i) whether a minor 24 under 18 is sufficiently mature to decide for themselves 25 whether to communicate with the news media and (ii) 26 whether communicating with the news media will more likely HB1596- 337 -LRB103 25063 WGH 51398 b 1 than not cause serious physical, emotional, or mental harm 2 to the minor under 18. The inquiry in this subsection must 3 be concluded within one business day of the request from 4 the news media. 5 (f) As used in this Section, "less restrictive means" are 6conditions on the minor's ability to communicate with the news 7media that mitigate the likelihood that physical, emotional, 8or mental harm will result, and include, but are not limited 9to: 10 (1) the news media outlet's willingness to take steps 11 to protect the minor's privacy, such as using a pseudonym 12 or limiting the use of the voice or image of a minor; 13 (2) the presence of the minor's guardian ad litem or 14 attorney or another adult of the minor's choosing, during 15 the communication with the news media; and 16 (3) providing the minor with age-appropriate media 17 literacy materials or other relevant educational material. 18(Source: P.A. 102-615, eff. 8-27-21.) 19 (705 ILCS 405/2-11) (from Ch. 37, par. 802-11) 20 Sec. 2-11. Medical and dental treatment and care. At all 21times during temporary custody or shelter care, the court may 22authorize a physician, a hospital or any other appropriate 23health care provider to provide medical, dental or surgical 24procedures if such procedures are necessary to safeguard the 25minor's life or health. HB1596- 338 -LRB103 25063 WGH 51398 b 1 With respect to any minor for whom the Department of 2Children and Family Services Guardianship Administrator is 3appointed the temporary custodian, the Guardianship 4Administrator or the Guardianship Administrator's his designee 5shall be deemed the minor's legally authorized representative 6for purposes of consenting to an HIV test and obtaining and 7disclosing information concerning such test pursuant to the 8AIDS Confidentiality Act and for purposes of consenting to the 9release of information pursuant to the Illinois Sexually 10Transmissible Disease Control Act. 11 Any person who administers an HIV test upon the consent of 12the Department of Children and Family Services Guardianship 13Administrator or the Guardianship Administrator's his 14designee, or who discloses the results of such tests to the 15Department's Guardianship Administrator or the Guardianship 16Administrator's his designee, shall have immunity from any 17liability, civil, criminal or otherwise, that might result by 18reason of such actions. For the purpose of any proceedings, 19civil or criminal, the good faith of any persons required to 20administer or disclose the results of tests, or permitted to 21take such actions, shall be presumed. 22(Source: P.A. 86-904.) 23 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13) 24 Sec. 2-13. Petition. 25 (1) Any adult person, any agency or association by its HB1596- 339 -LRB103 25063 WGH 51398 b 1representative may file, or the court on its own motion, 2consistent with the health, safety and best interests of the 3minor may direct the filing through the State's Attorney of a 4petition in respect of a minor under this Act. The petition and 5all subsequent court documents shall be entitled "In the 6interest of ...., a minor". 7 (2) The petition shall be verified but the statements may 8be made upon information and belief. It shall allege that the 9minor is abused, neglected, or dependent, with citations to 10the appropriate provisions of this Act, and set forth (a) 11facts sufficient to bring the minor under Section 2-3 or 2-4 12and to inform respondents of the cause of action, including, 13but not limited to, a plain and concise statement of the 14factual allegations that form the basis for the filing of the 15petition; (b) the name, age and residence of the minor; (c) the 16names and residences of the minor's his parents; (d) the name 17and residence of the minor's his legal guardian or the person 18or persons having custody or control of the minor, or of the 19nearest known relative if no parent or guardian can be found; 20and (e) if the minor upon whose behalf the petition is brought 21is sheltered in custody, the date on which such temporary 22custody was ordered by the court or the date set for a 23temporary custody hearing. If any of the facts herein required 24are not known by the petitioner, the petition shall so state. 25 (3) The petition must allege that it is in the best 26interests of the minor and of the public that the minor he be HB1596- 340 -LRB103 25063 WGH 51398 b 1adjudged a ward of the court and may pray generally for relief 2available under this Act. The petition need not specify any 3proposed disposition following adjudication of wardship. The 4petition may request that the minor remain in the custody of 5the parent, guardian, or custodian under an Order of 6Protection. 7 (4) If termination of parental rights and appointment of a 8guardian of the person with power to consent to adoption of the 9minor under Section 2-29 is sought, the petition shall so 10state. If the petition includes this request, the prayer for 11relief shall clearly and obviously state that the parents 12could permanently lose their rights as a parent at this 13hearing. 14 In addition to the foregoing, the petitioner, by motion, 15may request the termination of parental rights and appointment 16of a guardian of the person with power to consent to adoption 17of the minor under Section 2-29 at any time after the entry of 18a dispositional order under Section 2-22. 19 (4.5) (a) Unless good cause exists that filing a petition 20to terminate parental rights is contrary to the child's best 21interests, with respect to any minors committed to its care 22pursuant to this Act, the Department of Children and Family 23Services shall request the State's Attorney to file a petition 24or motion for termination of parental rights and appointment 25of guardian of the person with power to consent to adoption of 26the minor under Section 2-29 if: HB1596- 341 -LRB103 25063 WGH 51398 b 1 (i) a minor has been in foster care, as described in 2 subsection (b), for 15 months of the most recent 22 3 months; or 4 (ii) a minor under the age of 2 years has been 5 previously determined to be abandoned at an adjudicatory 6 hearing; or 7 (iii) the parent is criminally convicted of: 8 (A) first degree murder or second degree murder of 9 any child; 10 (B) attempt or conspiracy to commit first degree 11 murder or second degree murder of any child; 12 (C) solicitation to commit murder of any child, 13 solicitation to commit murder for hire of any child, 14 or solicitation to commit second degree murder of any 15 child; 16 (D) aggravated battery, aggravated battery of a 17 child, or felony domestic battery, any of which has 18 resulted in serious injury to the minor or a sibling of 19 the minor; 20 (E) predatory criminal sexual assault of a child; 21 (E-5) aggravated criminal sexual assault; 22 (E-10) criminal sexual abuse in violation of 23 subsection (a) of Section 11-1.50 of the Criminal Code 24 of 1961 or the Criminal Code of 2012; 25 (E-15) sexual exploitation of a child; 26 (E-20) permitting sexual abuse of a child; HB1596- 342 -LRB103 25063 WGH 51398 b 1 (E-25) criminal sexual assault; or 2 (F) an offense in any other state the elements of 3 which are similar and bear a substantial relationship 4 to any of the foregoing offenses. 5 (a-1) For purposes of this subsection (4.5), good cause 6exists in the following circumstances: 7 (i) the child is being cared for by a relative, 8 (ii) the Department has documented in the case plan a 9 compelling reason for determining that filing such 10 petition would not be in the best interests of the child, 11 (iii) the court has found within the preceding 12 12 months that the Department has failed to make reasonable 13 efforts to reunify the child and family, or 14 (iv) the parent is incarcerated, or the parent's prior 15 incarceration is a significant factor in why the child has 16 been in foster care for 15 months out of any 22-month 17 period, the parent maintains a meaningful role in the 18 child's life, and the Department has not documented 19 another reason why it would otherwise be appropriate to 20 file a petition to terminate parental rights pursuant to 21 this Section and the Adoption Act. The assessment of 22 whether an incarcerated parent maintains a meaningful role 23 in the child's life may include consideration of the 24 following: 25 (A) the child's best interest; 26 (B) the parent's expressions or acts of HB1596- 343 -LRB103 25063 WGH 51398 b 1 manifesting concern for the child, such as letters, 2 telephone calls, visits, and other forms of 3 communication with the child and the impact of the 4 communication on the child; 5 (C) the parent's efforts to communicate with and 6 work with the Department for the purpose of complying 7 with the service plan and repairing, maintaining, or 8 building the parent-child relationship; or 9 (D) limitations in the parent's access to family 10 support programs, therapeutic services, visiting 11 opportunities, telephone and mail services, and 12 meaningful participation in court proceedings. 13 (b) For purposes of this subsection, the date of entering 14foster care is defined as the earlier of: 15 (1) The date of a judicial finding at an adjudicatory 16 hearing that the child is an abused, neglected, or 17 dependent minor; or 18 (2) 60 days after the date on which the child is 19 removed from the child's his or her parent, guardian, or 20 legal custodian. 21 (c) (Blank). 22 (d) (Blank). 23 (5) The court shall liberally allow the petitioner to 24amend the petition to set forth a cause of action or to add, 25amend, or supplement factual allegations that form the basis 26for a cause of action up until 14 days before the adjudicatory HB1596- 344 -LRB103 25063 WGH 51398 b 1hearing. The petitioner may amend the petition after that date 2and prior to the adjudicatory hearing if the court grants 3leave to amend upon a showing of good cause. The court may 4allow amendment of the petition to conform with the evidence 5at any time prior to ruling. In all cases in which the court 6has granted leave to amend based on new evidence or new 7allegations, the court shall permit the respondent an adequate 8opportunity to prepare a defense to the amended petition. 9 (6) At any time before dismissal of the petition or before 10final closing and discharge under Section 2-31, one or more 11motions in the best interests of the minor may be filed. The 12motion shall specify sufficient facts in support of the relief 13requested. 14(Source: P.A. 101-529, eff. 1-1-20.) 15 (705 ILCS 405/2-13.1) 16 Sec. 2-13.1. Early termination of reasonable efforts. 17 (1) (a) In conjunction with, or at any time subsequent to, 18the filing of a petition on behalf of a minor in accordance 19with Section 2-13 of this Act, the State's Attorney, the 20guardian ad litem, or the Department of Children and Family 21Services may file a motion requesting a finding that 22reasonable efforts to reunify that minor with the minor's his 23or her parent or parents are no longer required and are to 24cease. 25 (b) The court shall grant this motion with respect to a HB1596- 345 -LRB103 25063 WGH 51398 b 1parent of the minor if the court finds after a hearing that the 2parent has: 3 (i) had his or her parental rights to another child of 4 the parent involuntarily terminated; or 5 (ii) been convicted of: 6 (A) first degree or second degree murder of 7 another child of the parent; 8 (B) attempt or conspiracy to commit first degree 9 or second degree murder of another child of the 10 parent; 11 (C) solicitation to commit murder of another child 12 of the parent, solicitation to commit murder for hire 13 of another child of the parent, or solicitation to 14 commit second degree murder of another child of the 15 parent; 16 (D) aggravated battery, aggravated battery of a 17 child, or felony domestic battery, any of which has 18 resulted in serious bodily injury to the minor or 19 another child of the parent; or 20 (E) an offense in any other state the elements of 21 which are similar and bear substantial relationship to 22 any of the foregoing offenses 23unless the court sets forth in writing a compelling reason why 24terminating reasonable efforts to reunify the minor with the 25parent would not be in the best interests of that minor. 26 (c) The court shall also grant this motion with respect to HB1596- 346 -LRB103 25063 WGH 51398 b 1a parent of the minor if: 2 (i) after a hearing it determines that further 3 reunification services would no longer be appropriate, and 4 (ii) a dispositional hearing has already taken place. 5 (2) (a) The court shall hold a permanency hearing within 630 days of granting a motion pursuant to this subsection. If an 7adjudicatory or a dispositional hearing, or both, has not 8taken place when the court grants a motion pursuant to this 9Section, then either or both hearings shall be held as needed 10so that both take place on or before the date a permanency 11hearing is held pursuant to this subsection. 12 (b) Following a permanency hearing held pursuant to 13paragraph (a) of this subsection, the appointed custodian or 14guardian of the minor shall make reasonable efforts to place 15the child in accordance with the permanency plan and goal set 16by the court, and to complete the necessary steps to locate and 17finalize a permanent placement. 18(Source: P.A. 90-608, eff. 6-30-98.) 19 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15) 20 Sec. 2-15. Summons. 21 (1) When a petition is filed, the clerk of the court shall 22issue a summons with a copy of the petition attached. The 23summons shall be directed to the minor's legal guardian or 24custodian and to each person named as a respondent in the 25petition, except that summons need not be directed to a minor HB1596- 347 -LRB103 25063 WGH 51398 b 1respondent under 8 years of age for whom the court appoints a 2guardian ad litem if the guardian ad litem appears on behalf of 3the minor in any proceeding under this Act. 4 (2) The summons must contain a statement that the minor or 5any of the respondents is entitled to have an attorney present 6at the hearing on the petition, and that the clerk of the court 7should be notified promptly if the minor or any other 8respondent desires to be represented by an attorney but is 9financially unable to employ counsel. 10 (3) The summons shall be issued under the seal of the 11court, attested in and signed with the name of the clerk of the 12court, dated on the day it is issued, and shall require each 13respondent to appear and answer the petition on the date set 14for the adjudicatory hearing. The summons shall contain a 15notice that the parties will not be entitled to further 16written notices or publication notices of proceedings in this 17case, including the filing of an amended petition or a motion 18to terminate parental rights, except as required by Supreme 19Court Rule 11. 20 (4) The summons may be served by any county sheriff, 21coroner or probation officer, even though the officer is the 22petitioner. The return of the summons with endorsement of 23service by the officer is sufficient proof thereof. 24 (5) Service of a summons and petition shall be made by: (a) 25leaving a copy thereof with the person summoned at least 3 days 26before the time stated therein for appearance; (b) leaving a HB1596- 348 -LRB103 25063 WGH 51398 b 1copy at the summoned person's his or her usual place of abode 2with some person of the family or a person residing there, of 3the age of 10 years or upwards, and informing that person of 4the contents thereof, provided the officer or other person 5making service shall also send a copy of the summons in a 6sealed envelope with postage fully prepaid, addressed to the 7person summoned at the person's his usual place of abode, at 8least 3 days before the time stated therein for appearance; or 9(c) leaving a copy thereof with the guardian or custodian of a 10minor, at least 3 days before the time stated therein for 11appearance. If the guardian or custodian is an agency of the 12State of Illinois, proper service may be made by leaving a copy 13of the summons and petition with any administrative employee 14of such agency designated by such agency to accept service of 15summons and petitions. The certificate of the officer or 16affidavit of the person that the officer or person he has sent 17the copy pursuant to this Section is sufficient proof of 18service. 19 (6) When a parent or other person, who has signed a written 20promise to appear and bring the minor to court or who has 21waived or acknowledged service, fails to appear with the minor 22on the date set by the court, a bench warrant may be issued for 23the parent or other person, the minor, or both. 24 (7) The appearance of the minor's legal guardian or 25custodian, or a person named as a respondent in a petition, in 26any proceeding under this Act shall constitute a waiver of HB1596- 349 -LRB103 25063 WGH 51398 b 1service of summons and submission to the jurisdiction of the 2court, except that the filing of a motion authorized under 3Section 2-301 of the Code of Civil Procedure does not 4constitute an appearance under this subsection. A copy of the 5summons and petition shall be provided to the person at the 6time of the person's his appearance. 7 (8) Notice to a parent who has appeared or been served with 8summons personally or by certified mail, and for whom an order 9of default has been entered on the petition for wardship and 10has not been set aside shall be provided in accordance with 11Supreme Court Rule 11. Notice to a parent who was served by 12publication and for whom an order of default has been entered 13on the petition for wardship and has not been set aside shall 14be provided in accordance with this Section and Section 2-16. 15(Source: P.A. 101-146, eff. 1-1-20.) 16 (705 ILCS 405/2-16) (from Ch. 37, par. 802-16) 17 Sec. 2-16. Notice by certified mail or publication. 18 (1) If service on individuals as provided in Section 2-15 19is not made on any respondent within a reasonable time or if it 20appears that any respondent resides outside the State, service 21may be made by certified mail. In such case the clerk shall 22mail the summons and a copy of the petition to that respondent 23by certified mail marked for delivery to addressee only. The 24court shall not proceed with the adjudicatory hearing until 5 25days after such mailing. The regular return receipt for HB1596- 350 -LRB103 25063 WGH 51398 b 1certified mail is sufficient proof of service. 2 (2) Where a respondent's usual place of abode is not 3known, a diligent inquiry shall be made to ascertain the 4respondent's current and last known address. The Department of 5Children and Family Services shall adopt rules defining the 6requirements for conducting a diligent search to locate 7parents of minors in the custody of the Department. If, after 8diligent inquiry made at any time within the preceding 12 9months, the usual place of abode cannot be reasonably 10ascertained, or if the respondent is concealing the 11respondent's his or her whereabouts to avoid service of 12process, petitioner's attorney shall file an affidavit at the 13office of the clerk of court in which the action is pending 14showing that the respondent on due inquiry cannot be found or 15is concealing the respondent's his or her whereabouts so that 16process cannot be served. The affidavit shall state the last 17known address of the respondent. The affidavit shall also 18state what efforts were made to effectuate service. Within 3 19days of receipt of the affidavit, the clerk shall issue 20publication service as provided below. The clerk shall also 21send a copy thereof by mail addressed to each respondent 22listed in the affidavit at the respondent's his or her last 23known address. The clerk of the court as soon as possible shall 24cause publication to be made once in a newspaper of general 25circulation in the county where the action is pending. Notice 26by publication is not required in any case when the person HB1596- 351 -LRB103 25063 WGH 51398 b 1alleged to have legal custody of the minor has been served with 2summons personally or by certified mail, but the court may not 3enter any order or judgment against any person who cannot be 4served with process other than by publication unless notice by 5publication is given or unless that person appears. When a 6minor has been sheltered under Section 2-10 of this Act and 7summons has not been served personally or by certified mail 8within 20 days from the date of the order of court directing 9such shelter care, the clerk of the court shall cause 10publication. Notice by publication shall be substantially as 11follows: 12 "A, B, C, D, (here giving the names of the named 13respondents, if any) and to All Whom It May Concern (if there 14is any respondent under that designation): 15 Take notice that on (insert date) a petition was filed 16under the Juvenile Court Act of 1987 by .... in the circuit 17court of .... county entitled 'In the interest of ...., a 18minor', and that in .... courtroom at .... on (insert date) at 19the hour of ...., or as soon thereafter as this cause may be 20heard, an adjudicatory hearing will be held upon the petition 21to have the child declared to be a ward of the court under that 22Act. THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE FROM 23YOU THE CUSTODY AND GUARDIANSHIP OF THE MINOR, TO TERMINATE 24YOUR PARENTAL RIGHTS, AND TO APPOINT A GUARDIAN WITH POWER TO 25CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS TO YOUR 26CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR HB1596- 352 -LRB103 25063 WGH 51398 b 1PARENTAL RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER 2TO CONSENT TO ADOPTION, YOU MAY LOSE ALL PARENTAL RIGHTS TO THE 3CHILD. Unless you appear you will not be entitled to further 4written notices or publication notices of the proceedings in 5this case, including the filing of an amended petition or a 6motion to terminate parental rights. 7 Now, unless you appear at the hearing and show cause 8against the petition, the allegations of the petition may 9stand admitted as against you and each of you, and an order or 10judgment entered. 11 ...................... 12 Clerk 13Dated (insert the date of publication)" 14 (3) The clerk shall also at the time of the publication of 15the notice send a copy thereof by mail to each of the 16respondents on account of whom publication is made at each of 17the respondents' his or her last known address. The 18certificate of the clerk that the clerk he or she has mailed 19the notice is evidence thereof. No other publication notice is 20required. Every respondent notified by publication under this 21Section must appear and answer in open court at the hearing. 22The court may not proceed with the adjudicatory hearing until 2310 days after service by publication on any parent, guardian 24or legal custodian in the case of a minor described in Section 252-3 or 2-4. HB1596- 353 -LRB103 25063 WGH 51398 b 1 (4) If it becomes necessary to change the date set for the 2hearing in order to comply with Section 2-14 or with this 3Section, notice of the resetting of the date must be given, by 4certified mail or other reasonable means, to each respondent 5who has been served with summons personally or by certified 6mail. 7 (5) Notice to a parent who has appeared or been served with 8summons personally or by certified mail, and for whom an order 9of default has been entered on the petition for wardship and 10has not been set aside shall be provided in accordance with 11Supreme Court Rule 11. Notice to a parent who was served by 12publication and for whom an order of default has been entered 13on the petition for wardship and has not been set aside shall 14be provided in accordance with this Section and Section 2-15. 15(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, 16eff. 6-30-98; 91-357, eff. 7-29-99.) 17 (705 ILCS 405/2-17) (from Ch. 37, par. 802-17) 18 Sec. 2-17. Guardian ad litem. 19 (1) Immediately upon the filing of a petition alleging 20that the minor is a person described in Sections 2-3 or 2-4 of 21this Article, the court shall appoint a guardian ad litem for 22the minor if: 23 (a) such petition alleges that the minor is an abused 24 or neglected child; or 25 (b) such petition alleges that charges alleging the HB1596- 354 -LRB103 25063 WGH 51398 b 1 commission of any of the sex offenses defined in Article 2 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 3 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 4 Criminal Code of 1961 or the Criminal Code of 2012, have 5 been filed against a defendant in any court and that such 6 minor is the alleged victim of the acts of the defendant in 7 the commission of such offense. 8 Unless the guardian ad litem appointed pursuant to this 9paragraph (1) is an attorney at law, the guardian ad litem he 10or she shall be represented in the performance of the guardian 11ad litem's his or her duties by counsel. The guardian ad litem 12shall represent the best interests of the minor and shall 13present recommendations to the court consistent with that 14duty. 15 (2) Before proceeding with the hearing, the court shall 16appoint a guardian ad litem for the minor if: 17 (a) no parent, guardian, custodian or relative of the 18 minor appears at the first or any subsequent hearing of 19 the case; 20 (b) the petition prays for the appointment of a 21 guardian with power to consent to adoption; or 22 (c) the petition for which the minor is before the 23 court resulted from a report made pursuant to the Abused 24 and Neglected Child Reporting Act. 25 (3) The court may appoint a guardian ad litem for the minor 26whenever it finds that there may be a conflict of interest HB1596- 355 -LRB103 25063 WGH 51398 b 1between the minor and the minor's his parents or other 2custodian or that it is otherwise in the minor's best interest 3to do so. 4 (4) Unless the guardian ad litem is an attorney, the 5guardian ad litem he or she shall be represented by counsel. 6 (4.5) Pursuant to Section 6b-1 of the Children and Family 7Services Act, the Department of Children and Family Services 8must maintain the name, electronic mail address, and telephone 9number for each minor's court-appointed guardian ad litem and, 10if applicable, the guardian ad litem's supervisor. The 11Department of Children and Family Services must update this 12contact information within 5 days of receiving notice of a 13change. The Advocacy Office for Children and Families, 14established pursuant to Section 5e of the Children and Family 15Services Act, must make this contact information available to 16the minor, current foster parent or caregiver, or caseworker, 17if requested. 18 (5) The reasonable fees of a guardian ad litem appointed 19under this Section shall be fixed by the court and charged to 20the parents of the minor, to the extent they are able to pay. 21If the parents are unable to pay those fees, they shall be paid 22from the general fund of the county. 23 (6) A guardian ad litem appointed under this Section, 24shall receive copies of any and all classified reports of 25child abuse and neglect made under the Abused and Neglected 26Child Reporting Act in which the minor who is the subject of a HB1596- 356 -LRB103 25063 WGH 51398 b 1report under the Abused and Neglected Child Reporting Act, is 2also the minor for whom the guardian ad litem is appointed 3under this Section. 4 (6.5) A guardian ad litem appointed under this Section or 5attorney appointed under this Act shall receive a copy of each 6significant event report that involves the minor no later than 73 days after the Department learns of an event requiring a 8significant event report to be written, or earlier as required 9by Department rule. 10 (7) The appointed guardian ad litem shall remain the 11minor's guardian ad litem throughout the entire juvenile trial 12court proceedings, including permanency hearings and 13termination of parental rights proceedings, unless there is a 14substitution entered by order of the court. 15 (8) The guardian ad litem or an agent of the guardian ad 16litem shall have a minimum of one in-person contact with the 17minor and one contact with one of the current foster parents or 18caregivers prior to the adjudicatory hearing, and at least one 19additional in-person contact with the child and one contact 20with one of the current foster parents or caregivers after the 21adjudicatory hearing but prior to the first permanency hearing 22and one additional in-person contact with the child and one 23contact with one of the current foster parents or caregivers 24each subsequent year. For good cause shown, the judge may 25excuse face-to-face interviews required in this subsection. 26 (9) In counties with a population of 100,000 or more but HB1596- 357 -LRB103 25063 WGH 51398 b 1less than 3,000,000, each guardian ad litem must successfully 2complete a training program approved by the Department of 3Children and Family Services. The Department of Children and 4Family Services shall provide training materials and documents 5to guardians ad litem who are not mandated to attend the 6training program. The Department of Children and Family 7Services shall develop and distribute to all guardians ad 8litem a bibliography containing information including but not 9limited to the juvenile court process, termination of parental 10rights, child development, medical aspects of child abuse, and 11the child's need for safety and permanence. 12(Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.) 13 (705 ILCS 405/2-17.1) 14 Sec. 2-17.1. Court appointed special advocate. 15 (1) The court shall appoint a special advocate upon the 16filing of a petition under this Article or at any time during 17the pendency of a proceeding under this Article if special 18advocates are available. The court appointed special advocate 19may also serve as guardian ad litem by appointment of the court 20under Section 2-17 of this Act. 21 (1.2) In counties of populations over 3,000,000 the court 22may appoint a special advocate upon the filing of a petition 23under this Article or at any time during the pendency of a 24proceeding under this Article. No special advocate shall act 25as guardian ad litem in counties of populations over HB1596- 358 -LRB103 25063 WGH 51398 b 13,000,000. 2 (1.5) "Court appointed special advocate" means a community 3volunteer who: 4 (a) is 21 or older; 5 (b) shall receive training with State and nationally 6 developed standards, has been screened and trained 7 regarding child abuse and neglect, child development, and 8 juvenile court proceedings according to the standards of 9 the National CASA Association; 10 (c) is being actively supervised by a court appointed 11 special advocate program in good standing with the 12 Illinois Association of Court Appointed Special Advocates; 13 and 14 (d) has been sworn in by a circuit court judge 15 assigned to juvenile cases in the circuit court in which 16 the court appointed special advocate he or she wishes to 17 serve. 18 Court appointed special advocate programs shall promote 19policies, practices, and procedures that are culturally 20competent. As used in this Section, "cultural competency" 21means the capacity to function in more than one culture, 22requiring the ability to appreciate, understand, and interact 23with members of diverse populations within the local 24community. 25 (2) The court appointed special advocate shall: 26 (a) conduct an independent assessment to monitor the HB1596- 359 -LRB103 25063 WGH 51398 b 1 facts and circumstances surrounding the case by monitoring 2 the court order; 3 (b) maintain regular and sufficient in-person contact 4 with the minor; 5 (c) submit written reports to the court regarding the 6 minor's best interests; 7 (d) advocate for timely court hearings to obtain 8 permanency for the minor; 9 (e) be notified of all administrative case reviews 10 pertaining to the minor and work with the parties' 11 attorneys, the guardian ad litem, and others assigned to 12 the minor's case to protect the minor's health, safety, 13 and best interests and insure the proper delivery of child 14 welfare services; 15 (f) attend all court hearings and other proceedings to 16 advocate for the minor's best interests; 17 (g) monitor compliance with the case plan and all 18 court orders; and 19 (h) review all court documents that relate to the 20 minor child. 21 (2.1) The court may consider, at its discretion, testimony 22of the court appointed special advocate pertaining to the 23well-being of the minor. 24 (2.2) Upon presentation of an order of appointment, a 25court appointed special advocate shall have access to all 26records and information relevant to the minor's case with HB1596- 360 -LRB103 25063 WGH 51398 b 1regard to the minor child. 2 (2.2-1) All records and information acquired, reviewed, or 3produced by a court appointed special advocate during the 4course of the court appointed special advocate's his or her 5appointment shall be deemed confidential and shall not be 6disclosed except as ordered by the court. 7 (3) Court appointed special advocates shall serve as 8volunteers without compensation and shall receive training 9consistent with nationally developed standards. 10 (4) No person convicted of a criminal offense as specified 11in Section 4.2 of the Child Care Act of 1969 and no person 12identified as a perpetrator of an act of child abuse or neglect 13as reflected in the Department of Children and Family Services 14State Central Register shall serve as a court appointed 15special advocate. 16 (5) All costs associated with the appointment and duties 17of the court appointed special advocate shall be paid by the 18court appointed special advocate or an organization of court 19appointed special advocates. In no event shall the court 20appointed special advocate be liable for any costs of services 21provided to the child. 22 (6) The court may remove the court appointed special 23advocate or the guardian ad litem from a case upon finding that 24the court appointed special advocate or the guardian ad litem 25has acted in a manner contrary to the child's best interest or 26if the court otherwise deems continued service is unwanted or HB1596- 361 -LRB103 25063 WGH 51398 b 1unnecessary. 2 (7) In any county in which a program of court appointed 3special advocates is in operation, the provisions of this 4Section shall apply. 5 (8) Any court appointed special advocate acting in good 6faith within the scope of the court appointed special 7advocate's his or her appointment shall have immunity from any 8civil or criminal liability that otherwise might result by 9reason of the court appointed special advocate's his or her 10actions, except in cases of willful and wanton misconduct. For 11the purpose of any civil or criminal proceedings, the good 12faith of any court appointed special advocate shall be 13presumed. 14(Source: P.A. 102-607, eff. 1-1-22.) 15 (705 ILCS 405/2-20) (from Ch. 37, par. 802-20) 16 Sec. 2-20. Continuance under supervision. 17 (1) The court may enter an order of continuance under 18supervision (a) upon an admission or stipulation by the 19appropriate respondent or minor respondent of the facts 20supporting the petition and before proceeding to findings and 21adjudication, or after hearing the evidence at the 22adjudicatory hearing but before noting in the minutes of 23proceeding a finding of whether or not the minor is abused, 24neglected or dependent; and (b) in the absence of objection 25made in open court by the minor, the minor's his parent, HB1596- 362 -LRB103 25063 WGH 51398 b 1guardian, custodian, responsible relative, defense attorney or 2the State's Attorney. 3 (2) If the minor, the minor's his parent, guardian, 4custodian, responsible relative, defense attorney or the 5State's Attorney, objects in open court to any such 6continuance and insists upon proceeding to findings and 7adjudication, the court shall so proceed. 8 (3) Nothing in this Section limits the power of the court 9to order a continuance of the hearing for the production of 10additional evidence or for any other proper reason. 11 (4) When a hearing where a minor is alleged to be abused, 12neglected or dependent is continued pursuant to this Section, 13the court may permit the minor to remain in the minor's his 14home if the court determines and makes written factual 15findings that the minor can be cared for at home when 16consistent with the minor's health, safety, and best 17interests, subject to such conditions concerning the minor's 18his conduct and supervision as the court may require by order. 19 (5) If a petition is filed charging a violation of a 20condition of the continuance under supervision, the court 21shall conduct a hearing. If the court finds that such 22condition of supervision has not been fulfilled the court may 23proceed to findings and adjudication and disposition. The 24filing of a petition for violation of a condition of the 25continuance under supervision shall toll the period of 26continuance under supervision until the final determination of HB1596- 363 -LRB103 25063 WGH 51398 b 1the charge, and the term of the continuance under supervision 2shall not run until the hearing and disposition of the 3petition for violation; provided where the petition alleges 4conduct that does not constitute a criminal offense, the 5hearing must be held within 15 days of the filing of the 6petition unless a delay in such hearing has been occasioned by 7the minor, in which case the delay shall continue the tolling 8of the period of continuance under supervision for the period 9of such delay. 10(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.) 11 (705 ILCS 405/2-22) (from Ch. 37, par. 802-22) 12 Sec. 2-22. Dispositional hearing; evidence; continuance. 13 (1) At the dispositional hearing, the court shall 14determine whether it is in the best interests of the minor and 15the public that the minor he be made a ward of the court, and, 16if the minor he is to be made a ward of the court, the court 17shall determine the proper disposition best serving the 18health, safety and interests of the minor and the public. The 19court also shall consider the permanency goal set for the 20minor, the nature of the service plan for the minor and the 21services delivered and to be delivered under the plan. All 22evidence helpful in determining these questions, including 23oral and written reports, may be admitted and may be relied 24upon to the extent of its probative value, even though not 25competent for the purposes of the adjudicatory hearing. HB1596- 364 -LRB103 25063 WGH 51398 b 1 (2) Once all parties respondent have been served in 2compliance with Sections 2-15 and 2-16, no further service or 3notice must be given to a party prior to proceeding to a 4dispositional hearing. Before making an order of disposition 5the court shall advise the State's Attorney, the parents, 6guardian, custodian or responsible relative or their counsel 7of the factual contents and the conclusions of the reports 8prepared for the use of the court and considered by it, and 9afford fair opportunity, if requested, to controvert them. The 10court may order, however, that the documents containing such 11reports need not be submitted to inspection, or that sources 12of confidential information need not be disclosed except to 13the attorneys for the parties. Factual contents, conclusions, 14documents and sources disclosed by the court under this 15paragraph shall not be further disclosed without the express 16approval of the court pursuant to an in camera hearing. 17 (3) A record of a prior continuance under supervision 18under Section 2-20, whether successfully completed with regard 19to the child's health, safety and best interest, or not, is 20admissible at the dispositional hearing. 21 (4) On its own motion or that of the State's Attorney, a 22parent, guardian, custodian, responsible relative or counsel, 23the court may adjourn the hearing for a reasonable period to 24receive reports or other evidence, if the adjournment is 25consistent with the health, safety and best interests of the 26minor, but in no event shall continuances be granted so that HB1596- 365 -LRB103 25063 WGH 51398 b 1the dispositional hearing occurs more than 6 months after the 2initial removal of a minor from the minor's his or her home. In 3scheduling investigations and hearings, the court shall give 4priority to proceedings in which a minor has been removed from 5the minor's his or her home before an order of disposition has 6been made. 7 (5) Unless already set by the court, at the conclusion of 8the dispositional hearing, the court shall set the date for 9the first permanency hearing, to be conducted under subsection 10(2) of Section 2-28, which shall be held: (a) within 12 months 11from the date temporary custody was taken, (b) if the parental 12rights of both parents have been terminated in accordance with 13the procedure described in subsection (5) of Section 2-21, 14within 30 days of the termination of parental rights and 15appointment of a guardian with power to consent to adoption, 16or (c) in accordance with subsection (2) of Section 2-13.1. 17 (6) When the court declares a child to be a ward of the 18court and awards guardianship to the Department of Children 19and Family Services, (a) the court shall admonish the parents, 20guardian, custodian or responsible relative that the parents 21must cooperate with the Department of Children and Family 22Services, comply with the terms of the service plans, and 23correct the conditions which require the child to be in care, 24or risk termination of their parental rights; and (b) the 25court shall inquire of the parties of any intent to proceed 26with termination of parental rights of a parent: HB1596- 366 -LRB103 25063 WGH 51398 b 1 (A) whose identity still remains unknown; 2 (B) whose whereabouts remain unknown; or 3 (C) who was found in default at the adjudicatory 4 hearing and has not obtained an order setting aside the 5 default in accordance with Section 2-1301 of the Code of 6 Civil Procedure. 7(Source: P.A. 92-822, eff. 8-21-02.) 8 (705 ILCS 405/2-23) (from Ch. 37, par. 802-23) 9 Sec. 2-23. Kinds of dispositional orders. 10 (1) The following kinds of orders of disposition may be 11made in respect of wards of the court: 12 (a) A minor found to be neglected or abused under 13 Section 2-3 or dependent under Section 2-4 may be (1) 14 continued in the custody of the minor's his or her 15 parents, guardian or legal custodian; (2) placed in 16 accordance with Section 2-27; (3) restored to the custody 17 of the parent, parents, guardian, or legal custodian, 18 provided the court shall order the parent, parents, 19 guardian, or legal custodian to cooperate with the 20 Department of Children and Family Services and comply with 21 the terms of an after-care plan or risk the loss of custody 22 of the child and the possible termination of their 23 parental rights; or (4) ordered partially or completely 24 emancipated in accordance with the provisions of the 25 Emancipation of Minors Act. HB1596- 367 -LRB103 25063 WGH 51398 b 1 If the minor is being restored to the custody of a 2 parent, legal custodian, or guardian who lives outside of 3 Illinois, and an Interstate Compact has been requested and 4 refused, the court may order the Department of Children 5 and Family Services to arrange for an assessment of the 6 minor's proposed living arrangement and for ongoing 7 monitoring of the health, safety, and best interest of the 8 minor and compliance with any order of protective 9 supervision entered in accordance with Section 2-24. 10 However, in any case in which a minor is found by the 11 court to be neglected or abused under Section 2-3 of this 12 Act, custody of the minor shall not be restored to any 13 parent, guardian or legal custodian whose acts or 14 omissions or both have been identified, pursuant to 15 subsection (1) of Section 2-21, as forming the basis for 16 the court's finding of abuse or neglect, until such time 17 as a hearing is held on the issue of the best interests of 18 the minor and the fitness of such parent, guardian or 19 legal custodian to care for the minor without endangering 20 the minor's health or safety, and the court enters an 21 order that such parent, guardian or legal custodian is fit 22 to care for the minor. 23 (b) A minor found to be dependent under Section 2-4 24 may be (1) placed in accordance with Section 2-27 or (2) 25 ordered partially or completely emancipated in accordance 26 with the provisions of the Emancipation of Minors Act. HB1596- 368 -LRB103 25063 WGH 51398 b 1 However, in any case in which a minor is found by the 2 court to be dependent under Section 2-4 of this Act, 3 custody of the minor shall not be restored to any parent, 4 guardian or legal custodian whose acts or omissions or 5 both have been identified, pursuant to subsection (1) of 6 Section 2-21, as forming the basis for the court's finding 7 of dependency, until such time as a hearing is held on the 8 issue of the fitness of such parent, guardian or legal 9 custodian to care for the minor without endangering the 10 minor's health or safety, and the court enters an order 11 that such parent, guardian or legal custodian is fit to 12 care for the minor. 13 (b-1) A minor between the ages of 18 and 21 may be 14 placed pursuant to Section 2-27 of this Act if (1) the 15 court has granted a supplemental petition to reinstate 16 wardship of the minor pursuant to subsection (2) of 17 Section 2-33, (2) the court has adjudicated the minor a 18 ward of the court, permitted the minor to return home 19 under an order of protection, and subsequently made a 20 finding that it is in the minor's best interest to vacate 21 the order of protection and commit the minor to the 22 Department of Children and Family Services for care and 23 service, or (3) the court returned the minor to the 24 custody of the respondent under Section 2-4b of this Act 25 without terminating the proceedings under Section 2-31 of 26 this Act, and subsequently made a finding that it is in the HB1596- 369 -LRB103 25063 WGH 51398 b 1 minor's best interest to commit the minor to the 2 Department of Children and Family Services for care and 3 services. 4 (c) When the court awards guardianship to the 5 Department of Children and Family Services, the court 6 shall order the parents to cooperate with the Department 7 of Children and Family Services, comply with the terms of 8 the service plans, and correct the conditions that require 9 the child to be in care, or risk termination of their 10 parental rights. 11 (2) Any order of disposition may provide for protective 12supervision under Section 2-24 and may include an order of 13protection under Section 2-25. 14 Unless the order of disposition expressly so provides, it 15does not operate to close proceedings on the pending petition, 16but is subject to modification, not inconsistent with Section 172-28, until final closing and discharge of the proceedings 18under Section 2-31. 19 (3) The court also shall enter any other orders necessary 20to fulfill the service plan, including, but not limited to, 21(i) orders requiring parties to cooperate with services, (ii) 22restraining orders controlling the conduct of any party likely 23to frustrate the achievement of the goal, and (iii) visiting 24orders. When the child is placed separately from a sibling, 25the court shall review the Sibling Contact Support Plan 26developed under subsection (f) of Section 7.4 of the Children HB1596- 370 -LRB103 25063 WGH 51398 b 1and Family Services Act, if applicable. If the Department has 2not convened a meeting to develop a Sibling Contact Support 3Plan, or if the court finds that the existing Plan is not in 4the child's best interest, the court may enter an order 5requiring the Department to develop and implement a Sibling 6Contact Support Plan under subsection (f) of Section 7.4 of 7the Children and Family Services Act or order mediation. 8Unless otherwise specifically authorized by law, the court is 9not empowered under this subsection (3) to order specific 10placements, specific services, or specific service providers 11to be included in the plan. If, after receiving evidence, the 12court determines that the services contained in the plan are 13not reasonably calculated to facilitate achievement of the 14permanency goal, the court shall put in writing the factual 15basis supporting the determination and enter specific findings 16based on the evidence. The court also shall enter an order for 17the Department to develop and implement a new service plan or 18to implement changes to the current service plan consistent 19with the court's findings. The new service plan shall be filed 20with the court and served on all parties within 45 days after 21the date of the order. The court shall continue the matter 22until the new service plan is filed. Except as authorized by 23subsection (3.5) of this Section or authorized by law, the 24court is not empowered under this Section to order specific 25placements, specific services, or specific service providers 26to be included in the service plan. HB1596- 371 -LRB103 25063 WGH 51398 b 1 (3.5) If, after reviewing the evidence, including evidence 2from the Department, the court determines that the minor's 3current or planned placement is not necessary or appropriate 4to facilitate achievement of the permanency goal, the court 5shall put in writing the factual basis supporting its 6determination and enter specific findings based on the 7evidence. If the court finds that the minor's current or 8planned placement is not necessary or appropriate, the court 9may enter an order directing the Department to implement a 10recommendation by the minor's treating clinician or a 11clinician contracted by the Department to evaluate the minor 12or a recommendation made by the Department. If the Department 13places a minor in a placement under an order entered under this 14subsection (3.5), the Department has the authority to remove 15the minor from that placement when a change in circumstances 16necessitates the removal to protect the minor's health, 17safety, and best interest. If the Department determines 18removal is necessary, the Department shall notify the parties 19of the planned placement change in writing no later than 10 20days prior to the implementation of its determination unless 21remaining in the placement poses an imminent risk of harm to 22the minor, in which case the Department shall notify the 23parties of the placement change in writing immediately 24following the implementation of its decision. The Department 25shall notify others of the decision to change the minor's 26placement as required by Department rule. HB1596- 372 -LRB103 25063 WGH 51398 b 1 (4) In addition to any other order of disposition, the 2court may order any minor adjudicated neglected with respect 3to the minor's his or her own injurious behavior to make 4restitution, in monetary or non-monetary form, under the terms 5and conditions of Section 5-5-6 of the Unified Code of 6Corrections, except that the "presentence hearing" referred to 7therein shall be the dispositional hearing for purposes of 8this Section. The parent, guardian or legal custodian of the 9minor may pay some or all of such restitution on the minor's 10behalf. 11 (5) Any order for disposition where the minor is committed 12or placed in accordance with Section 2-27 shall provide for 13the parents or guardian of the estate of such minor to pay to 14the legal custodian or guardian of the person of the minor such 15sums as are determined by the custodian or guardian of the 16person of the minor as necessary for the minor's needs. Such 17payments may not exceed the maximum amounts provided for by 18Section 9.1 of the Children and Family Services Act. 19 (6) Whenever the order of disposition requires the minor 20to attend school or participate in a program of training, the 21truant officer or designated school official shall regularly 22report to the court if the minor is a chronic or habitual 23truant under Section 26-2a of the School Code. 24 (7) The court may terminate the parental rights of a 25parent at the initial dispositional hearing if all of the 26conditions in subsection (5) of Section 2-21 are met. HB1596- 373 -LRB103 25063 WGH 51398 b 1(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.) 2 (705 ILCS 405/2-24) (from Ch. 37, par. 802-24) 3 Sec. 2-24. Protective supervision. 4 (1) If the order of disposition, following a determination 5of the best interests of the minor, releases the minor to the 6custody of the minor's his parents, guardian or legal 7custodian, or continues the minor him in such custody, the 8court may, if the health, safety and best interests of the 9minor require, place the person having custody of the minor, 10except for representatives of private or public agencies or 11governmental departments, under supervision of the probation 12office. 13 (2) An order of protective supervision may require the 14parent to present the child for periodic medical examinations, 15which shall include an opportunity for medical personnel to 16speak with and examine the child outside the presence of the 17parent. The results of the medical examinations conducted in 18accordance with this Section shall be made available to the 19Department, the guardian ad litem, and the court. 20 (3) Rules or orders of court shall define the terms and 21conditions of protective supervision, which may be modified or 22terminated when the court finds that the health, safety and 23best interests of the minor and the public will be served 24thereby. 25(Source: P.A. 90-28, eff. 1-1-98.) HB1596- 374 -LRB103 25063 WGH 51398 b 1 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25) 2 Sec. 2-25. Order of protection. 3 (1) The court may make an order of protection in 4assistance of or as a condition of any other order authorized 5by this Act. The order of protection shall be based on the 6health, safety and best interests of the minor and may set 7forth reasonable conditions of behavior to be observed for a 8specified period. Such an order may require a person: 9 (a) to stay away from the home or the minor; 10 (b) to permit a parent to visit the minor at stated 11 periods; 12 (c) to abstain from offensive conduct against the 13 minor, the minor's his parent or any person to whom 14 custody of the minor is awarded; 15 (d) to give proper attention to the care of the home; 16 (e) to cooperate in good faith with an agency to which 17 custody of a minor is entrusted by the court or with an 18 agency or association to which the minor is referred by 19 the court; 20 (f) to prohibit and prevent any contact whatsoever 21 with the respondent minor by a specified individual or 22 individuals who are alleged in either a criminal or 23 juvenile proceeding to have caused injury to a respondent 24 minor or a sibling of a respondent minor; 25 (g) to refrain from acts of commission or omission HB1596- 375 -LRB103 25063 WGH 51398 b 1 that tend to make the home not a proper place for the 2 minor; 3 (h) to refrain from contacting the minor and the 4 foster parents in any manner that is not specified in 5 writing in the case plan. 6 (2) The court shall enter an order of protection to 7prohibit and prevent any contact between a respondent minor or 8a sibling of a respondent minor and any person named in a 9petition seeking an order of protection who has been convicted 10of heinous battery or aggravated battery under subdivision 11(a)(2) of Section 12-3.05, aggravated battery of a child or 12aggravated battery under subdivision (b)(1) of Section 1312-3.05, criminal sexual assault, aggravated criminal sexual 14assault, predatory criminal sexual assault of a child, 15criminal sexual abuse, or aggravated criminal sexual abuse as 16described in the Criminal Code of 1961 or the Criminal Code of 172012, or has been convicted of an offense that resulted in the 18death of a child, or has violated a previous order of 19protection under this Section. 20 (3) When the court issues an order of protection against 21any person as provided by this Section, the court shall direct 22a copy of such order to the Sheriff of that county. The Sheriff 23shall furnish a copy of the order of protection to the Illinois 24State Police within 24 hours of receipt, in the form and manner 25required by the Department. The Illinois State Police shall 26maintain a complete record and index of such orders of HB1596- 376 -LRB103 25063 WGH 51398 b 1protection and make this data available to all local law 2enforcement agencies. 3 (4) After notice and opportunity for hearing afforded to a 4person subject to an order of protection, the order may be 5modified or extended for a further specified period or both or 6may be terminated if the court finds that the health, safety, 7and best interests of the minor and the public will be served 8thereby. 9 (5) An order of protection may be sought at any time during 10the course of any proceeding conducted pursuant to this Act if 11such an order is consistent with the health, safety, and best 12interests of the minor. Any person against whom an order of 13protection is sought may retain counsel to represent the 14person him at a hearing, and has rights to be present at the 15hearing, to be informed prior to the hearing in writing of the 16contents of the petition seeking a protective order and of the 17date, place and time of such hearing, and to cross examine 18witnesses called by the petitioner and to present witnesses 19and argument in opposition to the relief sought in the 20petition. 21 (6) Diligent efforts shall be made by the petitioner to 22serve any person or persons against whom any order of 23protection is sought with written notice of the contents of 24the petition seeking a protective order and of the date, place 25and time at which the hearing on the petition is to be held. 26When a protective order is being sought in conjunction with a HB1596- 377 -LRB103 25063 WGH 51398 b 1temporary custody hearing, if the court finds that the person 2against whom the protective order is being sought has been 3notified of the hearing or that diligent efforts have been 4made to notify such person, the court may conduct a hearing. If 5a protective order is sought at any time other than in 6conjunction with a temporary custody hearing, the court may 7not conduct a hearing on the petition in the absence of the 8person against whom the order is sought unless the petitioner 9has notified such person by personal service at least 3 days 10before the hearing or has sent written notice by first class 11mail to such person's last known address at least 5 days before 12the hearing. 13 (7) A person against whom an order of protection is being 14sought who is neither a parent, guardian, legal custodian or 15responsible relative as described in Section 1-5 is not a 16party or respondent as defined in that Section and shall not be 17entitled to the rights provided therein. Such person does not 18have a right to appointed counsel or to be present at any 19hearing other than the hearing in which the order of 20protection is being sought or a hearing directly pertaining to 21that order. Unless the court orders otherwise, such person 22does not have a right to inspect the court file. 23 (8) All protective orders entered under this Section shall 24be in writing. Unless the person against whom the order was 25obtained was present in court when the order was issued, the 26sheriff, other law enforcement official or special process HB1596- 378 -LRB103 25063 WGH 51398 b 1server shall promptly serve that order upon that person and 2file proof of such service, in the manner provided for service 3of process in civil proceedings. The person against whom the 4protective order was obtained may seek a modification of the 5order by filing a written motion to modify the order within 7 6days after actual receipt by the person of a copy of the order. 7Any modification of the order granted by the court must be 8determined to be consistent with the best interests of the 9minor. 10 (9) If a petition is filed charging a violation of a 11condition contained in the protective order and if the court 12determines that this violation is of a critical service 13necessary to the safety and welfare of the minor, the court may 14proceed to findings and an order for temporary custody. 15(Source: P.A. 102-538, eff. 8-20-21.) 16 (705 ILCS 405/2-26) (from Ch. 37, par. 802-26) 17 Sec. 2-26. Enforcement of orders of protective supervision 18or of protection. 19 (1) Orders of protective supervision and orders of 20protection may be enforced by citation to show cause for 21contempt of court by reason of any violation thereof and, 22where protection of the welfare of the minor so requires, by 23the issuance of a warrant to take the alleged violator into 24custody and bring the minor him before the court. 25 (2) In any case where an order of protection has been HB1596- 379 -LRB103 25063 WGH 51398 b 1entered, the clerk of the court may issue to the petitioner, to 2the minor or to any other person affected by the order a 3certificate stating that an order of protection has been made 4by the court concerning such persons and setting forth its 5terms and requirements. The presentation of the certificate to 6any peace officer authorizes the peace officer him to take 7into custody a person charged with violating the terms of the 8order of protection, to bring such person before the court 9and, within the limits of the peace officer's his legal 10authority as such peace officer, otherwise to aid in securing 11the protection the order is intended to afford. 12(Source: P.A. 85-601.) 13 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27) 14 Sec. 2-27. Placement; legal custody or guardianship. 15 (1) If the court determines and puts in writing the 16factual basis supporting the determination of whether the 17parents, guardian, or legal custodian of a minor adjudged a 18ward of the court are unfit or are unable, for some reason 19other than financial circumstances alone, to care for, 20protect, train or discipline the minor or are unwilling to do 21so, and that the health, safety, and best interest of the minor 22will be jeopardized if the minor remains in the custody of the 23minor's his or her parents, guardian or custodian, the court 24may at this hearing and at any later point: 25 (a) place the minor in the custody of a suitable HB1596- 380 -LRB103 25063 WGH 51398 b 1 relative or other person as legal custodian or guardian; 2 (a-5) with the approval of the Department of Children 3 and Family Services, place the minor in the subsidized 4 guardianship of a suitable relative or other person as 5 legal guardian; "subsidized guardianship" means a private 6 guardianship arrangement for children for whom the 7 permanency goals of return home and adoption have been 8 ruled out and who meet the qualifications for subsidized 9 guardianship as defined by the Department of Children and 10 Family Services in administrative rules; 11 (b) place the minor under the guardianship of a 12 probation officer; 13 (c) commit the minor to an agency for care or 14 placement, except an institution under the authority of 15 the Department of Corrections or of the Department of 16 Children and Family Services; 17 (d) on and after the effective date of this amendatory 18 Act of the 98th General Assembly and before January 1, 19 2017, commit the minor to the Department of Children and 20 Family Services for care and service; however, a minor 21 charged with a criminal offense under the Criminal Code of 22 1961 or the Criminal Code of 2012 or adjudicated 23 delinquent shall not be placed in the custody of or 24 committed to the Department of Children and Family 25 Services by any court, except (i) a minor less than 16 26 years of age and committed to the Department of Children HB1596- 381 -LRB103 25063 WGH 51398 b 1 and Family Services under Section 5-710 of this Act, (ii) 2 a minor under the age of 18 for whom an independent basis 3 of abuse, neglect, or dependency exists, or (iii) a minor 4 for whom the court has granted a supplemental petition to 5 reinstate wardship pursuant to subsection (2) of Section 6 2-33 of this Act. On and after January 1, 2017, commit the 7 minor to the Department of Children and Family Services 8 for care and service; however, a minor charged with a 9 criminal offense under the Criminal Code of 1961 or the 10 Criminal Code of 2012 or adjudicated delinquent shall not 11 be placed in the custody of or committed to the Department 12 of Children and Family Services by any court, except (i) a 13 minor less than 15 years of age and committed to the 14 Department of Children and Family Services under Section 15 5-710 of this Act, (ii) a minor under the age of 18 for 16 whom an independent basis of abuse, neglect, or dependency 17 exists, or (iii) a minor for whom the court has granted a 18 supplemental petition to reinstate wardship pursuant to 19 subsection (2) of Section 2-33 of this Act. An independent 20 basis exists when the allegations or adjudication of 21 abuse, neglect, or dependency do not arise from the same 22 facts, incident, or circumstances which give rise to a 23 charge or adjudication of delinquency. The Department 24 shall be given due notice of the pendency of the action and 25 the Guardianship Administrator of the Department of 26 Children and Family Services shall be appointed guardian HB1596- 382 -LRB103 25063 WGH 51398 b 1 of the person of the minor. Whenever the Department seeks 2 to discharge a minor from its care and service, the 3 Guardianship Administrator shall petition the court for an 4 order terminating guardianship. The Guardianship 5 Administrator may designate one or more other officers of 6 the Department, appointed as Department officers by 7 administrative order of the Department Director, 8 authorized to affix the signature of the Guardianship 9 Administrator to documents affecting the guardian-ward 10 relationship of children for whom the Guardianship 11 Administrator he or she has been appointed guardian at 12 such times as the Guardianship Administrator he or she is 13 unable to perform the duties of the Guardianship 14 Administrator his or her office. The signature 15 authorization shall include but not be limited to matters 16 of consent of marriage, enlistment in the armed forces, 17 legal proceedings, adoption, major medical and surgical 18 treatment and application for driver's license. Signature 19 authorizations made pursuant to the provisions of this 20 paragraph shall be filed with the Secretary of State and 21 the Secretary of State shall provide upon payment of the 22 customary fee, certified copies of the authorization to 23 any court or individual who requests a copy. 24 (1.5) In making a determination under this Section, the 25court shall also consider whether, based on health, safety, 26and the best interests of the minor, HB1596- 383 -LRB103 25063 WGH 51398 b 1 (a) appropriate services aimed at family preservation 2 and family reunification have been unsuccessful in 3 rectifying the conditions that have led to a finding of 4 unfitness or inability to care for, protect, train, or 5 discipline the minor, or 6 (b) no family preservation or family reunification 7 services would be appropriate, 8and if the petition or amended petition contained an 9allegation that the parent is an unfit person as defined in 10subdivision (D) of Section 1 of the Adoption Act, and the order 11of adjudication recites that parental unfitness was 12established by clear and convincing evidence, the court shall, 13when appropriate and in the best interest of the minor, enter 14an order terminating parental rights and appointing a guardian 15with power to consent to adoption in accordance with Section 162-29. 17 When making a placement, the court, wherever possible, 18shall require the Department of Children and Family Services 19to select a person holding the same religious belief as that of 20the minor or a private agency controlled by persons of like 21religious faith of the minor and shall require the Department 22to otherwise comply with Section 7 of the Children and Family 23Services Act in placing the child. In addition, whenever 24alternative plans for placement are available, the court shall 25ascertain and consider, to the extent appropriate in the 26particular case, the views and preferences of the minor. HB1596- 384 -LRB103 25063 WGH 51398 b 1 (2) When a minor is placed with a suitable relative or 2other person pursuant to item (a) of subsection (1), the court 3shall appoint the suitable relative or other person him or her 4the legal custodian or guardian of the person of the minor. 5When a minor is committed to any agency, the court shall 6appoint the proper officer or representative thereof as legal 7custodian or guardian of the person of the minor. Legal 8custodians and guardians of the person of the minor have the 9respective rights and duties set forth in subsection (9) of 10Section 1-3 except as otherwise provided by order of court; 11but no guardian of the person may consent to adoption of the 12minor unless that authority is conferred upon the guardian him 13or her in accordance with Section 2-29. An agency whose 14representative is appointed guardian of the person or legal 15custodian of the minor may place the minor in any child care 16facility, but the facility must be licensed under the Child 17Care Act of 1969 or have been approved by the Department of 18Children and Family Services as meeting the standards 19established for such licensing. No agency may place a minor 20adjudicated under Sections 2-3 or 2-4 in a child care facility 21unless the placement is in compliance with the rules and 22regulations for placement under this Section promulgated by 23the Department of Children and Family Services under Section 5 24of the Children and Family Services Act. Like authority and 25restrictions shall be conferred by the court upon any 26probation officer who has been appointed guardian of the HB1596- 385 -LRB103 25063 WGH 51398 b 1person of a minor. 2 (3) No placement by any probation officer or agency whose 3representative is appointed guardian of the person or legal 4custodian of a minor may be made in any out of State child care 5facility unless it complies with the Interstate Compact on the 6Placement of Children. Placement with a parent, however, is 7not subject to that Interstate Compact. 8 (4) The clerk of the court shall issue to the legal 9custodian or guardian of the person a certified copy of the 10order of court, as proof of the legal custodian's or 11guardian's his authority. No other process is necessary as 12authority for the keeping of the minor. 13 (5) Custody or guardianship granted under this Section 14continues until the court otherwise directs, but not after the 15minor reaches the age of 19 years except as set forth in 16Section 2-31, or if the minor was previously committed to the 17Department of Children and Family Services for care and 18service and the court has granted a supplemental petition to 19reinstate wardship pursuant to subsection (2) of Section 2-33. 20 (6) (Blank). 21(Source: P.A. 101-79, eff. 7-12-19.) 22 (705 ILCS 405/2-27.1) 23 Sec. 2-27.1. Placement; secure child care facility. 24 (1) A minor under 18 years of age and who is subject under 25Article II of this Act to a secure child care facility may be HB1596- 386 -LRB103 25063 WGH 51398 b 1admitted to a secure child care facility for inpatient 2treatment upon application to the facility director if, prior 3to admission, the facility director and the Director of the 4Department of Children and Family Services or the Director's 5designate find that: the minor has a mental illness or 6emotional disturbance, including but not limited to a behavior 7disorder, of such severity that placement in a secure child 8care facility is necessary because in the absence of such a 9placement, the minor is likely to endanger self or others or 10not meet the minor's his or her basic needs and this placement 11is the least restrictive alternative. Prior to admission, a 12psychiatrist, clinical social worker, or clinical psychologist 13who has personally examined the minor shall state in writing 14that the minor meets the standards for admission. The 15statement must set forth in detail the reasons for that 16conclusion and shall indicate what alternatives to secure 17treatment have been explored. When the minor is placed in a 18child care facility which includes a secure child care 19facility in addition to a less restrictive setting, and the 20application for admission states that the minor will be 21permanently placed in the less restrictive setting of the 22child care facility as part of the minor's his or her 23permanency plan after the need for secure treatment has ended, 24the psychiatrist, clinical social worker, or clinical 25psychologist shall state the reasons for the minor's need to 26be placed in secure treatment, the conditions under which the HB1596- 387 -LRB103 25063 WGH 51398 b 1minor may be placed in the less restrictive setting of the 2facility, and the conditions under which the minor may need to 3be returned to secure treatment. 4 (2) The application for admission under this Section shall 5contain, in large bold-face type, a statement written in 6simple non-technical terms of the minor's right to object and 7the right to a hearing. A minor 12 years of age or older must 8be given a copy of the application and the statement should be 9explained to the minor him or her in an understandable manner. 10A copy of the application shall also be given to the person who 11executed it, the designate of the Director of the Department 12of Children and Family Services, the minor's parent, the 13minor's attorney, and, if the minor is 12 years of age or 14older, 2 other persons whom the minor may designate, excluding 15persons whose whereabouts cannot reasonably be ascertained. 16 (3) Thirty days after admission, the facility director 17shall review the minor's record and assess the need for 18continuing placement in a secure child care facility. When the 19minor has been placed in a child care facility which includes a 20secure child care facility in addition to a less restrictive 21setting, and the application for admission states that the 22minor will be permanently placed in the less restrictive 23setting of the child care facility as part of the minor's his 24or her permanency plan after the need for secure treatment has 25ended, the facility director shall review the stated reasons 26for the minor's need to be placed in secure treatment, the HB1596- 388 -LRB103 25063 WGH 51398 b 1conditions under which the minor may be placed in the less 2restrictive setting of the facility, and the conditions under 3which the minor may need to be returned to secure treatment. 4The director of the facility shall consult with the designate 5of the Director of the Department of Children and Family 6Services and request authorization for continuing placement of 7the minor. Request and authorization should be noted in the 8minor's record. Every 60 days thereafter a review shall be 9conducted and new authorization shall be secured from the 10designate for as long as placement continues. Failure or 11refusal to authorize continued placement shall constitute a 12request for the minor's discharge. 13 (4) At any time during a minor's placement in a secure 14child care facility, an objection may be made to that 15placement by the minor, the minor's parents (except where 16parental rights have been terminated), the minor's guardian ad 17litem, or the minor's attorney. When an objection is made, the 18minor shall be discharged at the earliest appropriate time not 19to exceed 15 days, including Saturdays, Sundays, and holidays 20unless the objection is withdrawn in writing or unless, within 21that time, the Director or the Director's his or her designate 22files with the Court a petition for review of the admission. 23The petition must be accompanied by a certificate signed by a 24psychiatrist, clinical social worker, or clinical 25psychologist. The certificate shall be based upon a personal 26examination and shall specify that the minor has a mental HB1596- 389 -LRB103 25063 WGH 51398 b 1illness or an emotional disturbance of such severity that 2placement in a secure facility is necessary, that the minor 3can benefit from the placement, that a less restrictive 4alternative is not appropriate, and that the placement is in 5the minor's best interest. 6 (5) Upon receipt of a petition, the court shall set a 7hearing to be held within 5 days, excluding Saturdays, 8Sundays, and holidays. The court shall direct that notice of 9the time and place of the hearing shall be served upon the 10minor, the minor's his or her attorney and the minor's 11guardian ad litem, the Director of the Department of Children 12and Family Services or the Director's his or her designate, 13the State's Attorney, and the attorney for the parents. 14 (6) The court shall order the minor discharged from the 15secure child care facility if it determines that the minor 16does not have a mental illness or emotional disturbance of 17such severity that placement in a secure facility is 18necessary, or if it determines that a less restrictive 19alternative is appropriate. 20 (7) If however, the court finds that the minor does have a 21mental illness or an emotional disturbance for which the minor 22is likely to benefit from treatment but that a less 23restrictive alternative is appropriate, the court shall order 24that the Department of Children and Family Services prepare a 25case plan for the minor which permits alternative treatment 26which is capable of providing adequate and humane treatment in HB1596- 390 -LRB103 25063 WGH 51398 b 1the least restrictive setting that is appropriate to the 2minor's condition and serves the minor's best interests, and 3shall authorize the continued placement of the minor in the 4secure child care facility. At each permanency hearing 5conducted thereafter, the court shall determine whether the 6minor does not have a mental illness or emotional disturbance 7of such severity that placement in a secure facility is 8necessary or, if a less restrictive alternative is 9appropriate. If either of these 2 conditions are not met, the 10court shall order the minor discharged from the secure child 11care facility. 12 (8) Unwillingness or inability of the Department of 13Children and Family Services to find a placement for the minor 14shall not be grounds for the court's refusing to order 15discharge of the minor. 16(Source: P.A. 90-608, eff. 6-30-98.) 17 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28) 18 Sec. 2-28. Court review. 19 (1) The court may require any legal custodian or guardian 20of the person appointed under this Act to report periodically 21to the court or may cite the legal custodian or guardian him 22into court and require the legal custodian, guardian, him or 23the legal custodian's or guardian's his agency, to make a full 24and accurate report of the his or its doings of the legal 25custodian, guardian, or agency on in behalf of the minor. The HB1596- 391 -LRB103 25063 WGH 51398 b 1custodian or guardian, within 10 days after such citation, or 2earlier if the court determines it to be necessary to protect 3the health, safety, or welfare of the minor, shall make the 4report, either in writing verified by affidavit or orally 5under oath in open court, or otherwise as the court directs. 6Upon the hearing of the report the court may remove the 7custodian or guardian and appoint another in the custodian's 8or guardian's his stead or restore the minor to the custody of 9the minor's his parents or former guardian or custodian. 10However, custody of the minor shall not be restored to any 11parent, guardian, or legal custodian in any case in which the 12minor is found to be neglected or abused under Section 2-3 or 13dependent under Section 2-4 of this Act, unless the minor can 14be cared for at home without endangering the minor's health or 15safety and it is in the best interests of the minor, and if 16such neglect, abuse, or dependency is found by the court under 17paragraph (1) of Section 2-21 of this Act to have come about 18due to the acts or omissions or both of such parent, guardian, 19or legal custodian, until such time as an investigation is 20made as provided in paragraph (5) and a hearing is held on the 21issue of the fitness of such parent, guardian, or legal 22custodian to care for the minor and the court enters an order 23that such parent, guardian, or legal custodian is fit to care 24for the minor. 25 (1.5) The public agency that is the custodian or guardian 26of the minor shall file a written report with the court no HB1596- 392 -LRB103 25063 WGH 51398 b 1later than 15 days after a minor in the agency's care remains: 2 (1) in a shelter placement beyond 30 days; 3 (2) in a psychiatric hospital past the time when the 4 minor is clinically ready for discharge or beyond medical 5 necessity for the minor's health; or 6 (3) in a detention center or Department of Juvenile 7 Justice facility solely because the public agency cannot 8 find an appropriate placement for the minor. 9 The report shall explain the steps the agency is taking to 10ensure the minor is placed appropriately, how the minor's 11needs are being met in the minor's shelter placement, and if a 12future placement has been identified by the Department, why 13the anticipated placement is appropriate for the needs of the 14minor and the anticipated placement date. 15 (1.6) Within 35 days after placing a child in its care in a 16qualified residential treatment program, as defined by the 17federal Social Security Act, the Department of Children and 18Family Services shall file a written report with the court and 19send copies of the report to all parties. Within 20 days of the 20filing of the report, the court shall hold a hearing to 21consider the Department's report and determine whether 22placement of the child in a qualified residential treatment 23program provides the most effective and appropriate level of 24care for the child in the least restrictive environment and if 25the placement is consistent with the short-term and long-term 26goals for the child, as specified in the permanency plan for HB1596- 393 -LRB103 25063 WGH 51398 b 1the child. The court shall approve or disapprove the 2placement. If applicable, the requirements of Sections 2-27.1 3and 2-27.2 must also be met. The Department's written report 4and the court's written determination shall be included in and 5made part of the case plan for the child. If the child remains 6placed in a qualified residential treatment program, the 7Department shall submit evidence at each status and permanency 8hearing: 9 (1) demonstrating that on-going assessment of the 10 strengths and needs of the child continues to support the 11 determination that the child's needs cannot be met through 12 placement in a foster family home, that the placement 13 provides the most effective and appropriate level of care 14 for the child in the least restrictive, appropriate 15 environment, and that the placement is consistent with the 16 short-term and long-term permanency goal for the child, as 17 specified in the permanency plan for the child; 18 (2) documenting the specific treatment or service 19 needs that should be met for the child in the placement and 20 the length of time the child is expected to need the 21 treatment or services; and 22 (3) the efforts made by the agency to prepare the 23 child to return home or to be placed with a fit and willing 24 relative, a legal guardian, or an adoptive parent, or in a 25 foster family home. 26 (2) The first permanency hearing shall be conducted by the HB1596- 394 -LRB103 25063 WGH 51398 b 1judge. Subsequent permanency hearings may be heard by a judge 2or by hearing officers appointed or approved by the court in 3the manner set forth in Section 2-28.1 of this Act. The initial 4hearing shall be held (a) within 12 months from the date 5temporary custody was taken, regardless of whether an 6adjudication or dispositional hearing has been completed 7within that time frame, (b) if the parental rights of both 8parents have been terminated in accordance with the procedure 9described in subsection (5) of Section 2-21, within 30 days of 10the order for termination of parental rights and appointment 11of a guardian with power to consent to adoption, or (c) in 12accordance with subsection (2) of Section 2-13.1. Subsequent 13permanency hearings shall be held every 6 months or more 14frequently if necessary in the court's determination following 15the initial permanency hearing, in accordance with the 16standards set forth in this Section, until the court 17determines that the plan and goal have been achieved. Once the 18plan and goal have been achieved, if the minor remains in 19substitute care, the case shall be reviewed at least every 6 20months thereafter, subject to the provisions of this Section, 21unless the minor is placed in the guardianship of a suitable 22relative or other person and the court determines that further 23monitoring by the court does not further the health, safety, 24or best interest of the child and that this is a stable 25permanent placement. The permanency hearings must occur within 26the time frames set forth in this subsection and may not be HB1596- 395 -LRB103 25063 WGH 51398 b 1delayed in anticipation of a report from any source or due to 2the agency's failure to timely file its written report (this 3written report means the one required under the next paragraph 4and does not mean the service plan also referred to in that 5paragraph). 6 The public agency that is the custodian or guardian of the 7minor, or another agency responsible for the minor's care, 8shall ensure that all parties to the permanency hearings are 9provided a copy of the most recent service plan prepared 10within the prior 6 months at least 14 days in advance of the 11hearing. If not contained in the agency's service plan, the 12agency shall also include a report setting forth (i) any 13special physical, psychological, educational, medical, 14emotional, or other needs of the minor or the minor's his or 15her family that are relevant to a permanency or placement 16determination and (ii) for any minor age 16 or over, a written 17description of the programs and services that will enable the 18minor to prepare for independent living. If not contained in 19the agency's service plan, the agency's report shall specify 20if a minor is placed in a licensed child care facility under a 21corrective plan by the Department due to concerns impacting 22the minor's safety and well-being. The report shall explain 23the steps the Department is taking to ensure the safety and 24well-being of the minor and that the minor's needs are met in 25the facility. The agency's written report must detail what 26progress or lack of progress the parent has made in correcting HB1596- 396 -LRB103 25063 WGH 51398 b 1the conditions requiring the child to be in care; whether the 2child can be returned home without jeopardizing the child's 3health, safety, and welfare, and if not, what permanency goal 4is recommended to be in the best interests of the child, and 5why the other permanency goals are not appropriate. The 6caseworker must appear and testify at the permanency hearing. 7If a permanency hearing has not previously been scheduled by 8the court, the moving party shall move for the setting of a 9permanency hearing and the entry of an order within the time 10frames set forth in this subsection. 11 At the permanency hearing, the court shall determine the 12future status of the child. The court shall set one of the 13following permanency goals: 14 (A) The minor will be returned home by a specific date 15 within 5 months. 16 (B) The minor will be in short-term care with a 17 continued goal to return home within a period not to 18 exceed one year, where the progress of the parent or 19 parents is substantial giving particular consideration to 20 the age and individual needs of the minor. 21 (B-1) The minor will be in short-term care with a 22 continued goal to return home pending a status hearing. 23 When the court finds that a parent has not made reasonable 24 efforts or reasonable progress to date, the court shall 25 identify what actions the parent and the Department must 26 take in order to justify a finding of reasonable efforts HB1596- 397 -LRB103 25063 WGH 51398 b 1 or reasonable progress and shall set a status hearing to 2 be held not earlier than 9 months from the date of 3 adjudication nor later than 11 months from the date of 4 adjudication during which the parent's progress will again 5 be reviewed. 6 (C) The minor will be in substitute care pending court 7 determination on termination of parental rights. 8 (D) Adoption, provided that parental rights have been 9 terminated or relinquished. 10 (E) The guardianship of the minor will be transferred 11 to an individual or couple on a permanent basis provided 12 that goals (A) through (D) have been deemed inappropriate 13 and not in the child's best interests. The court shall 14 confirm that the Department has discussed adoption, if 15 appropriate, and guardianship with the caregiver prior to 16 changing a goal to guardianship. 17 (F) The minor over age 15 will be in substitute care 18 pending independence. In selecting this permanency goal, 19 the Department of Children and Family Services may provide 20 services to enable reunification and to strengthen the 21 minor's connections with family, fictive kin, and other 22 responsible adults, provided the services are in the 23 minor's best interest. The services shall be documented in 24 the service plan. 25 (G) The minor will be in substitute care because the 26 minor he or she cannot be provided for in a home HB1596- 398 -LRB103 25063 WGH 51398 b 1 environment due to developmental disabilities or mental 2 illness or because the minor he or she is a danger to self 3 or others, provided that goals (A) through (D) have been 4 deemed inappropriate and not in the child's best 5 interests. 6 In selecting any permanency goal, the court shall indicate 7in writing the reasons the goal was selected and why the 8preceding goals were deemed inappropriate and not in the 9child's best interest. Where the court has selected a 10permanency goal other than (A), (B), or (B-1), the Department 11of Children and Family Services shall not provide further 12reunification services, except as provided in paragraph (F) of 13this subsection (2), but shall provide services consistent 14with the goal selected. 15 (H) Notwithstanding any other provision in this 16 Section, the court may select the goal of continuing 17 foster care as a permanency goal if: 18 (1) The Department of Children and Family Services 19 has custody and guardianship of the minor; 20 (2) The court has deemed all other permanency 21 goals inappropriate based on the child's best 22 interest; 23 (3) The court has found compelling reasons, based 24 on written documentation reviewed by the court, to 25 place the minor in continuing foster care. Compelling 26 reasons include: HB1596- 399 -LRB103 25063 WGH 51398 b 1 (a) the child does not wish to be adopted or to 2 be placed in the guardianship of the minor's his 3 or her relative or foster care placement; 4 (b) the child exhibits an extreme level of 5 need such that the removal of the child from the 6 minor's his or her placement would be detrimental 7 to the child; or 8 (c) the child who is the subject of the 9 permanency hearing has existing close and strong 10 bonds with a sibling, and achievement of another 11 permanency goal would substantially interfere with 12 the subject child's sibling relationship, taking 13 into consideration the nature and extent of the 14 relationship, and whether ongoing contact is in 15 the subject child's best interest, including 16 long-term emotional interest, as compared with the 17 legal and emotional benefit of permanence; 18 (4) The child has lived with the relative or 19 foster parent for at least one year; and 20 (5) The relative or foster parent currently caring 21 for the child is willing and capable of providing the 22 child with a stable and permanent environment. 23 The court shall set a permanency goal that is in the best 24interest of the child. In determining that goal, the court 25shall consult with the minor in an age-appropriate manner 26regarding the proposed permanency or transition plan for the HB1596- 400 -LRB103 25063 WGH 51398 b 1minor. The court's determination shall include the following 2factors: 3 (1) Age of the child. 4 (2) Options available for permanence, including both 5 out-of-state and in-state placement options. 6 (3) Current placement of the child and the intent of 7 the family regarding adoption. 8 (4) Emotional, physical, and mental status or 9 condition of the child. 10 (5) Types of services previously offered and whether 11 or not the services were successful and, if not 12 successful, the reasons the services failed. 13 (6) Availability of services currently needed and 14 whether the services exist. 15 (7) Status of siblings of the minor. 16 The court shall consider (i) the permanency goal contained 17in the service plan, (ii) the appropriateness of the services 18contained in the plan and whether those services have been 19provided, (iii) whether reasonable efforts have been made by 20all the parties to the service plan to achieve the goal, and 21(iv) whether the plan and goal have been achieved. All 22evidence relevant to determining these questions, including 23oral and written reports, may be admitted and may be relied on 24to the extent of their probative value. 25 The court shall make findings as to whether, in violation 26of Section 8.2 of the Abused and Neglected Child Reporting HB1596- 401 -LRB103 25063 WGH 51398 b 1Act, any portion of the service plan compels a child or parent 2to engage in any activity or refrain from any activity that is 3not reasonably related to remedying a condition or conditions 4that gave rise or which could give rise to any finding of child 5abuse or neglect. The services contained in the service plan 6shall include services reasonably related to remedy the 7conditions that gave rise to removal of the child from the home 8of the child's his or her parents, guardian, or legal 9custodian or that the court has found must be remedied prior to 10returning the child home. Any tasks the court requires of the 11parents, guardian, or legal custodian or child prior to 12returning the child home, must be reasonably related to 13remedying a condition or conditions that gave rise to or which 14could give rise to any finding of child abuse or neglect. 15 If the permanency goal is to return home, the court shall 16make findings that identify any problems that are causing 17continued placement of the children away from the home and 18identify what outcomes would be considered a resolution to 19these problems. The court shall explain to the parents that 20these findings are based on the information that the court has 21at that time and may be revised, should additional evidence be 22presented to the court. 23 The court shall review the Sibling Contact Support Plan 24developed or modified under subsection (f) of Section 7.4 of 25the Children and Family Services Act, if applicable. If the 26Department has not convened a meeting to develop or modify a HB1596- 402 -LRB103 25063 WGH 51398 b 1Sibling Contact Support Plan, or if the court finds that the 2existing Plan is not in the child's best interest, the court 3may enter an order requiring the Department to develop, 4modify, or implement a Sibling Contact Support Plan, or order 5mediation. 6 If the goal has been achieved, the court shall enter 7orders that are necessary to conform the minor's legal custody 8and status to those findings. 9 If, after receiving evidence, the court determines that 10the services contained in the plan are not reasonably 11calculated to facilitate achievement of the permanency goal, 12the court shall put in writing the factual basis supporting 13the determination and enter specific findings based on the 14evidence. The court also shall enter an order for the 15Department to develop and implement a new service plan or to 16implement changes to the current service plan consistent with 17the court's findings. The new service plan shall be filed with 18the court and served on all parties within 45 days of the date 19of the order. The court shall continue the matter until the new 20service plan is filed. Except as authorized by subsection 21(2.5) of this Section and as otherwise specifically authorized 22by law, the court is not empowered under this Section to order 23specific placements, specific services, or specific service 24providers to be included in the service plan. 25 A guardian or custodian appointed by the court pursuant to 26this Act shall file updated case plans with the court every 6 HB1596- 403 -LRB103 25063 WGH 51398 b 1months. 2 Rights of wards of the court under this Act are 3enforceable against any public agency by complaints for relief 4by mandamus filed in any proceedings brought under this Act. 5 (2.5) If, after reviewing the evidence, including evidence 6from the Department, the court determines that the minor's 7current or planned placement is not necessary or appropriate 8to facilitate achievement of the permanency goal, the court 9shall put in writing the factual basis supporting its 10determination and enter specific findings based on the 11evidence. If the court finds that the minor's current or 12planned placement is not necessary or appropriate, the court 13may enter an order directing the Department to implement a 14recommendation by the minor's treating clinician or a 15clinician contracted by the Department to evaluate the minor 16or a recommendation made by the Department. If the Department 17places a minor in a placement under an order entered under this 18subsection (2.5), the Department has the authority to remove 19the minor from that placement when a change in circumstances 20necessitates the removal to protect the minor's health, 21safety, and best interest. If the Department determines 22removal is necessary, the Department shall notify the parties 23of the planned placement change in writing no later than 10 24days prior to the implementation of its determination unless 25remaining in the placement poses an imminent risk of harm to 26the minor, in which case the Department shall notify the HB1596- 404 -LRB103 25063 WGH 51398 b 1parties of the placement change in writing immediately 2following the implementation of its decision. The Department 3shall notify others of the decision to change the minor's 4placement as required by Department rule. 5 (3) Following the permanency hearing, the court shall 6enter a written order that includes the determinations 7required under subsection (2) of this Section and sets forth 8the following: 9 (a) The future status of the minor, including the 10 permanency goal, and any order necessary to conform the 11 minor's legal custody and status to such determination; or 12 (b) If the permanency goal of the minor cannot be 13 achieved immediately, the specific reasons for continuing 14 the minor in the care of the Department of Children and 15 Family Services or other agency for short-term short term 16 placement, and the following determinations: 17 (i) (Blank). 18 (ii) Whether the services required by the court 19 and by any service plan prepared within the prior 6 20 months have been provided and (A) if so, whether the 21 services were reasonably calculated to facilitate the 22 achievement of the permanency goal or (B) if not 23 provided, why the services were not provided. 24 (iii) Whether the minor's current or planned 25 placement is necessary, and appropriate to the plan 26 and goal, recognizing the right of minors to the least HB1596- 405 -LRB103 25063 WGH 51398 b 1 restrictive (most family-like) setting available and 2 in close proximity to the parents' home consistent 3 with the health, safety, best interest, and special 4 needs of the minor and, if the minor is placed 5 out-of-state, whether the out-of-state placement 6 continues to be appropriate and consistent with the 7 health, safety, and best interest of the minor. 8 (iv) (Blank). 9 (v) (Blank). 10 (4) The minor or any person interested in the minor may 11apply to the court for a change in custody of the minor and the 12appointment of a new custodian or guardian of the person or for 13the restoration of the minor to the custody of the minor's his 14parents or former guardian or custodian. 15 When return home is not selected as the permanency goal: 16 (a) The Department, the minor, or the current foster 17 parent or relative caregiver seeking private guardianship 18 may file a motion for private guardianship of the minor. 19 Appointment of a guardian under this Section requires 20 approval of the court. 21 (b) The State's Attorney may file a motion to 22 terminate parental rights of any parent who has failed to 23 make reasonable efforts to correct the conditions which 24 led to the removal of the child or reasonable progress 25 toward the return of the child, as defined in subdivision 26 (D)(m) of Section 1 of the Adoption Act or for whom any HB1596- 406 -LRB103 25063 WGH 51398 b 1 other unfitness ground for terminating parental rights as 2 defined in subdivision (D) of Section 1 of the Adoption 3 Act exists. 4 When parental rights have been terminated for a 5 minimum of 3 years and the child who is the subject of the 6 permanency hearing is 13 years old or older and is not 7 currently placed in a placement likely to achieve 8 permanency, the Department of Children and Family Services 9 shall make reasonable efforts to locate parents whose 10 rights have been terminated, except when the Court 11 determines that those efforts would be futile or 12 inconsistent with the subject child's best interests. The 13 Department of Children and Family Services shall assess 14 the appropriateness of the parent whose rights have been 15 terminated, and shall, as appropriate, foster and support 16 connections between the parent whose rights have been 17 terminated and the youth. The Department of Children and 18 Family Services shall document its determinations and 19 efforts to foster connections in the child's case plan. 20 Custody of the minor shall not be restored to any parent, 21guardian, or legal custodian in any case in which the minor is 22found to be neglected or abused under Section 2-3 or dependent 23under Section 2-4 of this Act, unless the minor can be cared 24for at home without endangering the minor's his or her health 25or safety and it is in the best interest of the minor, and if 26such neglect, abuse, or dependency is found by the court under HB1596- 407 -LRB103 25063 WGH 51398 b 1paragraph (1) of Section 2-21 of this Act to have come about 2due to the acts or omissions or both of such parent, guardian, 3or legal custodian, until such time as an investigation is 4made as provided in paragraph (5) and a hearing is held on the 5issue of the health, safety, and best interest of the minor and 6the fitness of such parent, guardian, or legal custodian to 7care for the minor and the court enters an order that such 8parent, guardian, or legal custodian is fit to care for the 9minor. If a motion is filed to modify or vacate a private 10guardianship order and return the child to a parent, guardian, 11or legal custodian, the court may order the Department of 12Children and Family Services to assess the minor's current and 13proposed living arrangements and to provide ongoing monitoring 14of the health, safety, and best interest of the minor during 15the pendency of the motion to assist the court in making that 16determination. In the event that the minor has attained 18 17years of age and the guardian or custodian petitions the court 18for an order terminating the minor's his guardianship or 19custody, guardianship or custody shall terminate automatically 2030 days after the receipt of the petition unless the court 21orders otherwise. No legal custodian or guardian of the person 22may be removed without the legal custodian's or guardian's his 23consent until given notice and an opportunity to be heard by 24the court. 25 When the court orders a child restored to the custody of 26the parent or parents, the court shall order the parent or HB1596- 408 -LRB103 25063 WGH 51398 b 1parents to cooperate with the Department of Children and 2Family Services and comply with the terms of an after-care 3plan, or risk the loss of custody of the child and possible 4termination of their parental rights. The court may also enter 5an order of protective supervision in accordance with Section 62-24. 7 If the minor is being restored to the custody of a parent, 8legal custodian, or guardian who lives outside of Illinois, 9and an Interstate Compact has been requested and refused, the 10court may order the Department of Children and Family Services 11to arrange for an assessment of the minor's proposed living 12arrangement and for ongoing monitoring of the health, safety, 13and best interest of the minor and compliance with any order of 14protective supervision entered in accordance with Section 152-24. 16 (5) Whenever a parent, guardian, or legal custodian files 17a motion for restoration of custody of the minor, and the minor 18was adjudicated neglected, abused, or dependent as a result of 19physical abuse, the court shall cause to be made an 20investigation as to whether the movant has ever been charged 21with or convicted of any criminal offense which would indicate 22the likelihood of any further physical abuse to the minor. 23Evidence of such criminal convictions shall be taken into 24account in determining whether the minor can be cared for at 25home without endangering the minor's his or her health or 26safety and fitness of the parent, guardian, or legal HB1596- 409 -LRB103 25063 WGH 51398 b 1custodian. 2 (a) Any agency of this State or any subdivision 3 thereof shall cooperate with the agent of the court in 4 providing any information sought in the investigation. 5 (b) The information derived from the investigation and 6 any conclusions or recommendations derived from the 7 information shall be provided to the parent, guardian, or 8 legal custodian seeking restoration of custody prior to 9 the hearing on fitness and the movant shall have an 10 opportunity at the hearing to refute the information or 11 contest its significance. 12 (c) All information obtained from any investigation 13 shall be confidential as provided in Section 5-150 of this 14 Act. 15(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; 16102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised 178-23-22.) 18 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29) 19 Sec. 2-29. Adoption; appointment of guardian with power to 20consent. 21 (1) With leave of the court, a minor who is the subject of 22an abuse, neglect, or dependency petition under this Act may 23be the subject of a petition for adoption under the Adoption 24Act. 25 (1.1) The parent or parents of a child in whose interest a HB1596- 410 -LRB103 25063 WGH 51398 b 1petition under Section 2-13 of this Act is pending may, in the 2manner required by the Adoption Act, (a) surrender the child 3him or her for adoption to an agency legally authorized or 4licensed to place children for adoption, (b) consent to the 5child's his or her adoption, or (c) consent to the child's his 6or her adoption by a specified person or persons. Nothing in 7this Section requires that the parent or parents execute the 8surrender, consent, or consent to adoption by a specified 9person in open court. 10 (2) If a petition or motion alleges and the court finds 11that it is in the best interest of the minor that parental 12rights be terminated and the petition or motion requests that 13a guardian of the person be appointed and authorized to 14consent to the adoption of the minor, the court, with the 15consent of the parents, if living, or after finding, based 16upon clear and convincing evidence, that a parent is an unfit 17person as defined in Section 1 of the Adoption Act, may 18terminate parental rights and empower the guardian of the 19person of the minor, in the order appointing the guardian of 20the person of the minor him or her as such guardian, to appear 21in court where any proceedings for the adoption of the minor 22may at any time be pending and to consent to the adoption. Such 23consent is sufficient to authorize the court in the adoption 24proceedings to enter a proper order or judgment of adoption 25without further notice to, or consent by, the parents of the 26minor. An order so empowering the guardian to consent to HB1596- 411 -LRB103 25063 WGH 51398 b 1adoption deprives the parents of the minor of all legal rights 2as respects the minor and relieves them of all parental 3responsibility for the minor him or her, and frees the minor 4from all obligations of maintenance and obedience to the 5minor's his or her natural parents. 6 If the minor is over 14 years of age, the court may, in its 7discretion, consider the wishes of the minor in determining 8whether the best interests of the minor would be promoted by 9the finding of the unfitness of a non-consenting parent. 10 (2.1) Notice to a parent who has appeared or been served 11with summons personally or by certified mail, and for whom an 12order of default has been entered on the petition for wardship 13and has not been set aside shall be provided in accordance with 14Supreme Court Rule 11. Notice to a parent who was served by 15publication and for whom an order of default has been entered 16on the petition for wardship and has not been set aside shall 17be provided in accordance with Sections 2-15 and 2-16. 18 (3) Parental consent to the order terminating parental 19rights and authorizing the guardian of the person to consent 20to adoption of the minor must be in writing and signed in the 21form provided in the Adoption Act, but no names of petitioners 22for adoption need be included. 23 (4) A finding of the unfitness of a parent must be made in 24compliance with the Adoption Act, without regard to the 25likelihood that the child will be placed for adoption, and be 26based upon clear and convincing evidence. Provisions of the HB1596- 412 -LRB103 25063 WGH 51398 b 1Adoption Act relating to minor parents and to mentally ill or 2mentally deficient parents apply to proceedings under this 3Section and any findings with respect to such parents shall be 4based upon clear and convincing evidence. 5(Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by 6P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 790-608, eff. 6-30-98.) 8 (705 ILCS 405/2-31) (from Ch. 37, par. 802-31) 9 Sec. 2-31. Duration of wardship and discharge of 10proceedings. 11 (1) All proceedings under Article II of this Act in 12respect of any minor automatically terminate upon the minor 13his or her attaining the age of 21 years. 14 (2) Whenever the court determines, and makes written 15factual findings, that health, safety, and the best interests 16of the minor and the public no longer require the wardship of 17the court, the court shall order the wardship terminated and 18all proceedings under this Act respecting that minor finally 19closed and discharged. The court may at the same time continue 20or terminate any custodianship or guardianship theretofore 21ordered but the termination must be made in compliance with 22Section 2-28. When terminating wardship under this Section, if 23the minor is over 18 or if wardship is terminated in 24conjunction with an order partially or completely emancipating 25the minor in accordance with the Emancipation of Minors Act, HB1596- 413 -LRB103 25063 WGH 51398 b 1the court shall also consider the following factors, in 2addition to the health, safety, and best interest of the minor 3and the public: (A) the minor's wishes regarding case closure; 4(B) the manner in which the minor will maintain independence 5without services from the Department; (C) the minor's 6engagement in services including placement offered by the 7Department; (D) if the minor is not engaged, the Department's 8efforts to engage the minor; (E) the nature of communication 9between the minor and the Department; (F) the minor's 10involvement in other State systems or services; (G) the 11minor's connections with family and other community support; 12and (H) any other factor the court deems relevant. The minor's 13lack of cooperation with services provided by the Department 14of Children and Family Services shall not by itself be 15considered sufficient evidence that the minor is prepared to 16live independently and that it is in the best interest of the 17minor to terminate wardship. It shall not be in the minor's 18best interest to terminate wardship of a minor over the age of 1918 who is in the guardianship of the Department of Children and 20Family Services if the Department has not made reasonable 21efforts to ensure that the minor has documents necessary for 22adult living as provided in Section 35.10 of the Children and 23Family Services Act. 24 (3) The wardship of the minor and any custodianship or 25guardianship respecting the minor for whom a petition was 26filed after July 24, 1991 (the effective date of Public Act HB1596- 414 -LRB103 25063 WGH 51398 b 187-14) automatically terminates when the minor he attains the 2age of 19 years, except as set forth in subsection (1) of this 3Section. The clerk of the court shall at that time record all 4proceedings under this Act as finally closed and discharged 5for that reason. The provisions of this subsection (3) become 6inoperative on and after July 12, 2019 (the effective date of 7Public Act 101-78). 8 (4) Notwithstanding any provision of law to the contrary, 9the changes made by Public Act 101-78 apply to all cases that 10are pending on or after July 12, 2019 (the effective date of 11Public Act 101-78). 12(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.) 13 (705 ILCS 405/2-34) 14 Sec. 2-34. Motion to reinstate parental rights. 15 (1) For purposes of this subsection (1), the term "parent" 16refers to the person or persons whose rights were terminated 17as described in paragraph (a) of this subsection; and the term 18"minor" means a person under the age of 21 years subject to 19this Act for whom the Department of Children and Family 20Services Guardianship Administrator is appointed the temporary 21custodian or guardian. 22 A motion to reinstate parental rights may be filed only by 23the Department of Children and Family Services or the minor 24regarding any minor who is presently a ward of the court under 25Article II of this Act when all the conditions set out in HB1596- 415 -LRB103 25063 WGH 51398 b 1paragraphs (a), (b), (c), (d), (e), (f), and (g) of this 2subsection (1) are met: 3 (a) while the minor was under the jurisdiction of the 4 court under Article II of this Act, the minor's parent or 5 parents surrendered the minor for adoption to an agency 6 legally authorized to place children for adoption, or the 7 minor's parent or parents consented to the minor's his or 8 her adoption, or the minor's parent or parents consented 9 to the minor's his or her adoption by a specified person or 10 persons, or the parent or parents' rights were terminated 11 pursuant to a finding of unfitness pursuant to Section 12 2-29 of this Act and a guardian was appointed with the 13 power to consent to adoption pursuant to Section 2-29 of 14 this Act; and 15 (b) (i) since the signing of the surrender, the 16 signing of the consent, or the unfitness finding, the 17 minor has remained a ward of the Court under Article II of 18 this Act; or 19 (ii) the minor was made a ward of the Court, the minor 20 was placed in the private guardianship of an individual or 21 individuals, and after the appointment of a private 22 guardian and a new petition alleging abuse, neglect, or 23 dependency pursuant to Section 2-3 or 2-4 is filed, and 24 the minor is again found by the court to be abused, 25 neglected or dependent; or a supplemental petition to 26 reinstate wardship is filed pursuant to Section 2-33, and HB1596- 416 -LRB103 25063 WGH 51398 b 1 the court reinstates wardship; or 2 (iii) the minor was made a ward of the Court, wardship 3 was terminated after the minor was adopted, after the 4 adoption a new petition alleging abuse, neglect, or 5 dependency pursuant to Section 2-3 or 2-4 is filed, and 6 the minor is again found by the court to be abused, 7 neglected, or dependent, and either (i) the adoptive 8 parent or parents are deceased, (ii) the adoptive parent 9 or parents signed a surrender of parental rights, or (iii) 10 the parental rights of the adoptive parent or parents were 11 terminated; 12 (c) the minor is not currently in a placement likely 13 to achieve permanency; 14 (d) it is in the minor's best interest that parental 15 rights be reinstated; 16 (e) the parent named in the motion wishes parental 17 rights to be reinstated and is currently appropriate to 18 have rights reinstated; 19 (f) more than 3 years have lapsed since the signing of 20 the consent or surrender, or the entry of the order 21 appointing a guardian with the power to consent to 22 adoption; 23 (g) (i) the child is 13 years of age or older or (ii) 24 the child is the younger sibling of such child, 13 years of 25 age or older, for whom reinstatement of parental rights is 26 being sought and the younger sibling independently meets HB1596- 417 -LRB103 25063 WGH 51398 b 1 the criteria set forth in paragraphs (a) through (h) of 2 this subsection; and 3 (h) if the court has previously denied a motion to 4 reinstate parental rights filed by the Department, there 5 has been a substantial change in circumstances following 6 the denial of the earlier motion. 7 (2) The motion may be filed only by the Department of 8Children and Family Services or by the minor. Unless excused 9by the court for good cause shown, the movant shall give notice 10of the time and place of the hearing on the motion, in person 11or by mail, to the parties to the juvenile court proceeding. 12Notice shall be provided at least 14 days in advance of the 13hearing date. The motion shall include the allegations 14required in subsection (1) of this Section. 15 (3) Any party may file a motion to dismiss the motion with 16prejudice on the basis that the parent has intentionally acted 17to prevent the child from being adopted, after parental rights 18were terminated or the parent intentionally acted to disrupt 19the child's adoption. If the court finds by a preponderance of 20the evidence that the parent has intentionally acted to 21prevent the child from being adopted, after parental rights 22were terminated or that the parent intentionally acted to 23disrupt the child's adoption, the court shall dismiss the 24petition with prejudice. 25 (4) The court shall not grant a motion for reinstatement 26of parental rights unless the court finds that the motion is HB1596- 418 -LRB103 25063 WGH 51398 b 1supported by clear and convincing evidence. In ruling on a 2motion to reinstate parental rights, the court shall make 3findings consistent with the requirements in subsection (1) of 4this Section. The court shall consider the reasons why the 5child was initially brought to the attention of the court, the 6history of the child's case as it relates to the parent seeking 7reinstatement, and the current circumstances of the parent for 8whom reinstatement of rights is sought. If reinstatement is 9being considered subsequent to a finding of unfitness pursuant 10to Section 2-29 of this Act having been entered with respect to 11the parent whose rights are being restored, the court in 12determining the minor's best interest shall consider, in 13addition to the factors set forth in paragraph (4.05) of 14Section 1-3 of this Act, the specific grounds upon which the 15unfitness findings were made. Upon the entry of an order 16granting a motion to reinstate parental rights, parental 17rights of the parent named in the order shall be reinstated, 18any previous order appointing a guardian with the power to 19consent to adoption shall be void and with respect to the 20parent named in the order, any consent shall be void. 21 (5) If the case is post-disposition, the court, upon the 22entry of an order granting a motion to reinstate parental 23rights, shall schedule the matter for a permanency hearing 24pursuant to Section 2-28 of this Act within 45 days. 25 (6) Custody of the minor shall not be restored to the 26parent, except by order of court pursuant to subsection (4) of HB1596- 419 -LRB103 25063 WGH 51398 b 1Section 2-28 of this Act. 2 (7) In any case involving a child over the age of 13 who 3meets the criteria established in this Section for 4reinstatement of parental rights, the Department of Children 5and Family Services shall conduct an assessment of the child's 6circumstances to assist in future planning for the child, 7including, but not limited to a determination regarding the 8appropriateness of filing a motion to reinstate parental 9rights. 10 (8) (Blank). 11(Source: P.A. 98-477, eff. 8-16-13.) 12 (705 ILCS 405/3-1) (from Ch. 37, par. 803-1) 13 Sec. 3-1. Jurisdictional facts. Proceedings may be 14instituted under this Article concerning minors boys and girls 15who require authoritative intervention as defined in Section 163-3, who are truant minors in need of supervision as defined in 17Section 3-33.5, or who are minors involved in electronic 18dissemination of indecent visual depictions in need of 19supervision as defined in Section 3-40. 20(Source: P.A. 96-1087, eff. 1-1-11.) 21 (705 ILCS 405/3-3) (from Ch. 37, par. 803-3) 22 Sec. 3-3. Minor requiring authoritative intervention. 23Those requiring authoritative intervention include any minor 24under 18 years of age (1) who is (a) absent from home without HB1596- 420 -LRB103 25063 WGH 51398 b 1consent of parent, guardian or custodian, or (b) beyond the 2control of the minor's his or her parent, guardian or 3custodian, in circumstances which constitute a substantial or 4immediate danger to the minor's physical safety; and (2) who, 5after being taken into limited custody for the period provided 6for in this Section and offered interim crisis intervention 7services, where available, refuses to return home after the 8minor and the minor's his or her parent, guardian or custodian 9cannot agree to an arrangement for an alternative voluntary 10residential placement or to the continuation of such 11placement. Any minor taken into limited custody for the 12reasons specified in this Section may not be adjudicated a 13minor requiring authoritative intervention until the following 14number of days have elapsed from the minor his or her having 15been taken into limited custody: 21 days for the first 16instance of being taken into limited custody and 5 days for the 17second, third, or fourth instances of being taken into limited 18custody. For the fifth or any subsequent instance of being 19taken into limited custody for the reasons specified in this 20Section, the minor may be adjudicated as requiring 21authoritative intervention without any specified period of 22time expiring after the minor his or her being taken into 23limited custody, without the minor's being offered interim 24crisis intervention services, and without the minor's being 25afforded an opportunity to agree to an arrangement for an 26alternative voluntary residential placement. Notwithstanding HB1596- 421 -LRB103 25063 WGH 51398 b 1any other provision of this Section, for the first instance in 2which a minor is taken into limited custody where one year has 3elapsed from the last instance of the minor's his having been 4taken into limited custody, the minor may not be adjudicated a 5minor requiring authoritative intervention until 21 days have 6passed since being taken into limited custody. 7(Source: P.A. 85-601.) 8 (705 ILCS 405/3-4) (from Ch. 37, par. 803-4) 9 Sec. 3-4. Taking into limited custody. 10 (a) A law enforcement officer may, without a warrant, take 11into limited custody a minor who the law enforcement officer 12reasonably determines is (i) absent from home without consent 13of the minor's parent, guardian or custodian, or (ii) beyond 14the control of the minor's his or her parent, guardian or 15custodian, in circumstances which constitute a substantial or 16immediate danger to the minor's physical safety. 17 (b) A law enforcement officer who takes a minor into 18limited custody shall (i) immediately inform the minor of the 19reasons for such limited custody, and (ii) make a prompt, 20reasonable effort to inform the minor's parents, guardian, or 21custodian that the minor has been taken into limited custody 22and where the minor is being kept. 23 (c) If the minor consents, the law enforcement officer 24shall make a reasonable effort to transport, arrange for the 25transportation of or otherwise release the minor to the HB1596- 422 -LRB103 25063 WGH 51398 b 1parent, guardian or custodian. Upon release of a minor who is 2believed to need or would benefit from medical, psychological, 3psychiatric or social services, the law enforcement officer 4may inform the minor and the person to whom the minor is 5released of the nature and location of appropriate services 6and shall, if requested, assist in establishing contact 7between the family and an agency or association providing such 8services. 9 (d) If the law enforcement officer is unable by all 10reasonable efforts to contact a parent, custodian, relative or 11other responsible person; or if the person contacted lives an 12unreasonable distance away; or if the minor refuses to be 13taken to the minor's his or her home or other appropriate 14residence; or if the officer is otherwise unable despite all 15reasonable efforts to make arrangements for the safe release 16of the minor taken into limited custody, the law enforcement 17officer shall take or make reasonable arrangements for 18transporting the minor to an agency or association providing 19crisis intervention services, or, where appropriate, to a 20mental health or developmental disabilities facility for 21screening for voluntary or involuntary admission under Section 223-500 et seq. of the Illinois Mental Health and Developmental 23Disabilities Code; provided that where no crisis intervention 24services exist, the minor may be transported for services to 25court service departments or probation departments under the 26court's administration. HB1596- 423 -LRB103 25063 WGH 51398 b 1 (e) No minor shall be involuntarily subject to limited 2custody for more than 6 hours from the time of the minor's 3initial contact with the law enforcement officer. 4 (f) No minor taken into limited custody shall be placed in 5a jail, municipal lockup, detention center or secure 6correctional facility. 7 (g) The taking of a minor into limited custody under this 8Section is not an arrest nor does it constitute a police 9record; and the records of law enforcement officers concerning 10all minors taken into limited custody under this Section shall 11be maintained separate from the records of arrest and may not 12be inspected by or disclosed to the public except by order of 13the court. However, such records may be disclosed to the 14agency or association providing interim crisis intervention 15services for the minor. 16 (h) Any law enforcement agency, juvenile officer or other 17law enforcement officer acting reasonably and in good faith in 18the care of a minor in limited custody shall be immune from any 19civil or criminal liability resulting from such custody. 20(Source: P.A. 87-1154.) 21 (705 ILCS 405/3-5) (from Ch. 37, par. 803-5) 22 Sec. 3-5. Interim crisis intervention services. 23 (a) Any minor who is taken into limited custody, or who 24independently requests or is referred for assistance, may be 25provided crisis intervention services by an agency or HB1596- 424 -LRB103 25063 WGH 51398 b 1association, as defined in this Act, provided the association 2or agency staff (i) immediately investigate the circumstances 3of the minor and the facts surrounding the minor being taken 4into custody and promptly explain these facts and 5circumstances to the minor, and (ii) make a reasonable effort 6to inform the minor's parent, guardian or custodian of the 7fact that the minor has been taken into limited custody and 8where the minor is being kept, and (iii) if the minor consents, 9make a reasonable effort to transport, arrange for the 10transportation of, or otherwise release the minor to the 11parent, guardian or custodian. Upon release of the child who 12is believed to need or benefit from medical, psychological, 13psychiatric or social services, the association or agency may 14inform the minor and the person to whom the minor is released 15of the nature and location of appropriate services and shall, 16if requested, assist in establishing contact between the 17family and other associations or agencies providing such 18services. If the agency or association is unable by all 19reasonable efforts to contact a parent, guardian or custodian, 20or if the person contacted lives an unreasonable distance 21away, or if the minor refuses to be taken to the minor's his or 22her home or other appropriate residence, or if the agency or 23association is otherwise unable despite all reasonable efforts 24to make arrangements for the safe return of the minor, the 25minor may be taken to a temporary living arrangement which is 26in compliance with the Child Care Act of 1969 or which is with HB1596- 425 -LRB103 25063 WGH 51398 b 1persons agreed to by the parents and the agency or 2association. 3 (b) An agency or association is authorized to permit a 4minor to be sheltered in a temporary living arrangement 5provided the agency seeks to effect the minor's return home or 6alternative living arrangements agreeable to the minor and the 7parent, guardian or custodian as soon as practicable. No minor 8shall be sheltered in a temporary living arrangement for more 9than 48 hours, excluding Saturdays, Sundays, and 10court-designated holidays, when the agency has reported the 11minor as neglected or abused because the parent, guardian, or 12custodian refuses to permit the child to return home, provided 13that in all other instances the minor may be sheltered when the 14agency obtains the consent of the parent, guardian, or 15custodian or documents its unsuccessful efforts to obtain the 16consent or authority of the parent, guardian, or custodian, 17including recording the date and the staff involved in all 18telephone calls, telegrams, letters, and personal contacts to 19obtain the consent or authority, in which instances the minor 20may be so sheltered for not more than 21 days. If the parent, 21guardian or custodian refuses to permit the minor to return 22home, and no other living arrangement agreeable to the parent, 23guardian, or custodian can be made, and the parent, guardian, 24or custodian has not made any other appropriate living 25arrangement for the child, the agency may deem the minor to be 26neglected and report the neglect to the Department of Children HB1596- 426 -LRB103 25063 WGH 51398 b 1and Family Services as provided in the Abused and Neglected 2Child Reporting Act. The Child Protective Service Unit of the 3Department of Children and Family Services shall begin an 4investigation of the report within 24 hours after receiving 5the report and shall determine whether to file a petition 6alleging that the minor is neglected or abused as described in 7Section 2-3 of this Act. Subject to appropriation, the 8Department may take the minor into temporary protective 9custody at any time after receiving the report, provided that 10the Department shall take temporary protective custody within 1148 hours of receiving the report if its investigation is not 12completed. If the Department of Children and Family Services 13determines that the minor is not a neglected minor because the 14minor is an immediate physical danger to the minor himself, 15herself, or others living in the home, then the Department 16shall take immediate steps to either secure the minor's 17immediate admission to a mental health facility, arrange for 18law enforcement authorities to take temporary custody of the 19minor as a delinquent minor, or take other appropriate action 20to assume protective custody in order to safeguard the minor 21or others living in the home from immediate physical danger. 22 (c) Any agency or association or employee thereof acting 23reasonably and in good faith in the care of a minor being 24provided interim crisis intervention services and shelter care 25shall be immune from any civil or criminal liability resulting 26from such care. HB1596- 427 -LRB103 25063 WGH 51398 b 1(Source: P.A. 95-443, eff. 1-1-08.) 2 (705 ILCS 405/3-6) (from Ch. 37, par. 803-6) 3 Sec. 3-6. Alternative voluntary residential placement. 4 (a) A minor and the minor's his or her parent, guardian or 5custodian may agree to an arrangement for alternative 6voluntary residential placement, in compliance with the "Child 7Care Act of 1969", without court order. Such placement may 8continue as long as there is agreement. 9 (b) If the minor and the minor's his or her parent, 10guardian or custodian cannot agree to an arrangement for 11alternative voluntary residential placement in the first 12instance, or cannot agree to the continuation of such 13placement, and the minor refuses to return home, the minor or 14the minor's his or her parent, guardian or custodian, or a 15person properly acting at the minor's request, may file with 16the court a petition alleging that the minor requires 17authoritative intervention as described in Section 3-3. 18(Source: P.A. 85-601.) 19 (705 ILCS 405/3-7) (from Ch. 37, par. 803-7) 20 Sec. 3-7. Taking into temporary custody. 21 (1) A law enforcement officer may, without a warrant, take 22into temporary custody a minor (a) whom the officer with 23reasonable cause believes to be a minor requiring 24authoritative intervention; (b) who has been adjudged a ward HB1596- 428 -LRB103 25063 WGH 51398 b 1of the court and has escaped from any commitment ordered by the 2court under this Act; (c) who is found in any street or public 3place suffering from any sickness or injury which requires 4care, medical treatment or hospitalization; or (d) whom the 5officer with reasonable cause believes to be a minor in need of 6supervision under Section 3-40. 7 (2) Whenever a petition has been filed under Section 3-15 8and the court finds that the conduct and behavior of the minor 9may endanger the health, person, welfare, or property of the 10minor himself or others or that the circumstances of the 11minor's his home environment may endanger the minor's his 12health, person, welfare or property, a warrant may be issued 13immediately to take the minor into custody. 14 (3) The taking of a minor into temporary custody under 15this Section is not an arrest nor does it constitute a police 16record. 17 (4) No minor taken into temporary custody shall be placed 18in a jail, municipal lockup, detention center, or secure 19correctional facility. 20(Source: P.A. 96-1087, eff. 1-1-11; 97-333, eff. 8-12-11.) 21 (705 ILCS 405/3-8) (from Ch. 37, par. 803-8) 22 Sec. 3-8. Duty of officer; admissions by minor. 23 (1) A law enforcement officer who takes a minor into 24custody with a warrant shall immediately make a reasonable 25attempt to notify the parent or other person legally HB1596- 429 -LRB103 25063 WGH 51398 b 1responsible for the minor's care or the person with whom the 2minor resides that the minor has been taken into custody and 3where the minor he or she is being held; and the officer shall 4without unnecessary delay take the minor to the nearest 5juvenile police officer designated for such purposes in the 6county of venue or shall surrender the minor to a juvenile 7police officer in the city or village where the offense is 8alleged to have been committed. 9 The minor shall be delivered without unnecessary delay to 10the court or to the place designated by rule or order of court 11for the reception of minors. The court may not designate a 12place of detention for the reception of minors, unless the 13minor is alleged to be a person described in subsection (3) of 14Section 5-105. 15 (2) A law enforcement officer who takes a minor into 16custody without a warrant under Section 3-7 shall, if the 17minor is not released, immediately make a reasonable attempt 18to notify the parent or other person legally responsible for 19the minor's care or the person with whom the minor resides that 20the minor has been taken into custody and where the minor is 21being held; and the law enforcement officer shall without 22unnecessary delay take the minor to the nearest juvenile 23police officer designated for such purposes in the county of 24venue or shall surrender the minor to a juvenile police 25officer in the city or village where the offense is alleged to 26have been committed, or upon determining the true identity of HB1596- 430 -LRB103 25063 WGH 51398 b 1the minor, may release the minor to the parent or other person 2legally responsible for the minor's care or the person with 3whom the minor resides, if the minor is taken into custody for 4an offense which would be a misdemeanor if committed by an 5adult. If a minor is so released, the law enforcement officer 6shall promptly notify a juvenile police officer of the 7circumstances of the custody and release. 8 (3) The juvenile police officer may take one of the 9following actions: 10 (a) station adjustment with release of the minor; 11 (b) station adjustment with release of the minor to a 12 parent; 13 (c) station adjustment, release of the minor to a 14 parent, and referral of the case to community services; 15 (d) station adjustment, release of the minor to a 16 parent, and referral of the case to community services 17 with informal monitoring by a juvenile police officer; 18 (e) station adjustment and release of the minor to a 19 third person pursuant to agreement of the minor and 20 parents; 21 (f) station adjustment, release of the minor to a 22 third person pursuant to agreement of the minor and 23 parents, and referral of the case to community services; 24 (g) station adjustment, release of the minor to a 25 third person pursuant to agreement of the minor and 26 parent, and referral to community services with informal HB1596- 431 -LRB103 25063 WGH 51398 b 1 monitoring by a juvenile police officer; 2 (h) release of the minor to the minor's his or her 3 parents and referral of the case to a county juvenile 4 probation officer or such other public officer designated 5 by the court; 6 (i) release of the minor to school officials of the 7 minor's his school during regular school hours; 8 (j) if the juvenile police officer reasonably believes 9 that there is an urgent and immediate necessity to keep 10 the minor in custody, the juvenile police officer shall 11 deliver the minor without unnecessary delay to the court 12 or to the place designated by rule or order of court for 13 the reception of minors; and 14 (k) any other appropriate action with consent of the 15 minor and a parent. 16(Source: P.A. 90-590, eff. 1-1-99.) 17 (705 ILCS 405/3-9) (from Ch. 37, par. 803-9) 18 Sec. 3-9. Temporary custody; shelter care. Any minor taken 19into temporary custody pursuant to this Act who requires care 20away from the minor's his or her home but who does not require 21physical restriction shall be given temporary care in a foster 22family home or other shelter facility designated by the court. 23In the case of a minor alleged to be a minor requiring 24authoritative intervention, the court may order, with the 25approval of the Department of Children and Family Services, HB1596- 432 -LRB103 25063 WGH 51398 b 1that custody of the minor be with the Department of Children 2and Family Services for designation of temporary care as the 3Department determines. No such child shall be ordered to the 4Department without the approval of the Department. 5(Source: P.A. 85-601.) 6 (705 ILCS 405/3-10) (from Ch. 37, par. 803-10) 7 Sec. 3-10. Investigation; release. When a minor is 8delivered to the court, or to the place designated by the court 9under Section 3-9 of this Act, a probation officer or such 10other public officer designated by the court shall immediately 11investigate the circumstances of the minor and the facts 12surrounding the minor his or her being taken into custody. The 13minor shall be immediately released to the custody of the 14minor's his or her parent, guardian, legal custodian or 15responsible relative, unless the probation officer or such 16other public officer designated by the court finds that 17further shelter care is necessary as provided in Section 3-7. 18This Section shall in no way be construed to limit Section 195-905. 20(Source: P.A. 90-590, eff. 1-1-99.) 21 (705 ILCS 405/3-11) (from Ch. 37, par. 803-11) 22 Sec. 3-11. Setting of shelter care hearing; notice; 23release. 24 (1) Unless sooner released, a minor requiring HB1596- 433 -LRB103 25063 WGH 51398 b 1authoritative intervention, taken into temporary custody, must 2be brought before a judicial officer within 48 hours, 3exclusive of Saturdays, Sundays and court-designated holidays, 4for a shelter care hearing to determine whether the minor he 5shall be further held in custody. 6 (2) If the probation officer or such other public officer 7designated by the court determines that the minor should be 8retained in custody, the probation officer or such other 9public officer designated by the court he shall cause a 10petition to be filed as provided in Section 3-15 of this Act, 11and the clerk of the court shall set the matter for hearing on 12the shelter care hearing calendar. When a parent, guardian, 13custodian or responsible relative is present and so requests, 14the shelter care hearing shall be held immediately if the 15court is in session, otherwise at the earliest feasible time. 16The petitioner through counsel or such other public officer 17designated by the court shall insure notification to the 18minor's parent, guardian, custodian or responsible relative of 19the time and place of the hearing by the best practicable 20notice, allowing for oral notice in place of written notice 21only if provision of written notice is unreasonable under the 22circumstances. 23 (3) The minor must be released from custody at the 24expiration of the 48 hour period, if not brought before a 25judicial officer within that period. 26(Source: P.A. 87-759.) HB1596- 434 -LRB103 25063 WGH 51398 b 1 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12) 2 Sec. 3-12. Shelter care hearing. At the appearance of the 3minor before the court at the shelter care hearing, all 4witnesses present shall be examined before the court in 5relation to any matter connected with the allegations made in 6the petition. 7 (1) If the court finds that there is not probable cause to 8believe that the minor is a person requiring authoritative 9intervention, it shall release the minor and dismiss the 10petition. 11 (2) If the court finds that there is probable cause to 12believe that the minor is a person requiring authoritative 13intervention, the minor, the minor's his or her parent, 14guardian, custodian and other persons able to give relevant 15testimony shall be examined before the court. After such 16testimony, the court may enter an order that the minor shall be 17released upon the request of a parent, guardian or custodian 18if the parent, guardian or custodian appears to take custody. 19"Custodian" includes the Department of Children and Family 20Services, if it has been given custody of the child, or any 21other agency of the State which has been given custody or 22wardship of the child. The Court shall require documentation 23by representatives of the Department of Children and Family 24Services or the probation department as to the reasonable 25efforts that were made to prevent or eliminate the necessity HB1596- 435 -LRB103 25063 WGH 51398 b 1of removal of the minor from the minor's his or her home, and 2shall consider the testimony of any person as to those 3reasonable efforts. If the court finds that it is a matter of 4immediate and urgent necessity for the protection of the minor 5or of the person or property of another that the minor be 6placed in a shelter care facility, or that the minor he or she 7is likely to flee the jurisdiction of the court, and further 8finds that reasonable efforts have been made or good cause has 9been shown why reasonable efforts cannot prevent or eliminate 10the necessity of removal of the minor from the minor's his or 11her home, the court may prescribe shelter care and order that 12the minor be kept in a suitable place designated by the court 13or in a shelter care facility designated by the Department of 14Children and Family Services or a licensed child welfare 15agency; otherwise it shall release the minor from custody. If 16the court prescribes shelter care, then in placing the minor, 17the Department or other agency shall, to the extent compatible 18with the court's order, comply with Section 7 of the Children 19and Family Services Act. If the minor is ordered placed in a 20shelter care facility of the Department of Children and Family 21Services or a licensed child welfare agency, the court shall, 22upon request of the Department or other agency, appoint the 23Department of Children and Family Services Guardianship 24Administrator or other appropriate agency executive temporary 25custodian of the minor and the court may enter such other 26orders related to the temporary custody as it deems fit and HB1596- 436 -LRB103 25063 WGH 51398 b 1proper, including the provision of services to the minor or 2the minor's his family to ameliorate the causes contributing 3to the finding of probable cause or to the finding of the 4existence of immediate and urgent necessity. Acceptance of 5services shall not be considered an admission of any 6allegation in a petition made pursuant to this Act, nor may a 7referral of services be considered as evidence in any 8proceeding pursuant to this Act, except where the issue is 9whether the Department has made reasonable efforts to reunite 10the family. In making its findings that reasonable efforts 11have been made or that good cause has been shown why reasonable 12efforts cannot prevent or eliminate the necessity of removal 13of the minor from the minor's his or her home, the court shall 14state in writing its findings concerning the nature of the 15services that were offered or the efforts that were made to 16prevent removal of the child and the apparent reasons that 17such services or efforts could not prevent the need for 18removal. The parents, guardian, custodian, temporary custodian 19and minor shall each be furnished a copy of such written 20findings. The temporary custodian shall maintain a copy of the 21court order and written findings in the case record for the 22child. 23 The order together with the court's findings of fact and 24support thereof shall be entered of record in the court. 25 Once the court finds that it is a matter of immediate and 26urgent necessity for the protection of the minor that the HB1596- 437 -LRB103 25063 WGH 51398 b 1minor be placed in a shelter care facility, the minor shall not 2be returned to the parent, custodian or guardian until the 3court finds that such placement is no longer necessary for the 4protection of the minor. 5 (3) If prior to the shelter care hearing for a minor 6described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is 7unable to serve notice on the party respondent, the shelter 8care hearing may proceed ex parte. A shelter care order from an 9ex parte hearing shall be endorsed with the date and hour of 10issuance and shall be filed with the clerk's office and 11entered of record. The order shall expire after 10 days from 12the time it is issued unless before its expiration it is 13renewed, at a hearing upon appearance of the party respondent, 14or upon an affidavit of the moving party as to all diligent 15efforts to notify the party respondent by notice as herein 16prescribed. The notice prescribed shall be in writing and 17shall be personally delivered to the minor or the minor's 18attorney and to the last known address of the other person or 19persons entitled to notice. The notice shall also state the 20nature of the allegations, the nature of the order sought by 21the State, including whether temporary custody is sought, and 22the consequences of failure to appear; and shall explain the 23right of the parties and the procedures to vacate or modify a 24shelter care order as provided in this Section. The notice for 25a shelter care hearing shall be substantially as follows: 26NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING HB1596- 438 -LRB103 25063 WGH 51398 b 1 On ................ at ........., before the Honorable 2................, (address:) ................., the State of 3Illinois will present evidence (1) that (name of child or 4children) ....................... are abused, neglected or 5dependent for the following reasons: 6............................................................. 7and (2) that there is "immediate and urgent necessity" to 8remove the child or children from the responsible relative. 9 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN 10PLACEMENT of the child or children in foster care until a trial 11can be held. A trial may not be held for up to 90 days. 12 At the shelter care hearing, parents have the following 13rights: 14 1. To ask the court to appoint a lawyer if they cannot 15 afford one. 16 2. To ask the court to continue the hearing to allow 17 them time to prepare. 18 3. To present evidence concerning: 19 a. Whether or not the child or children were 20 abused, neglected or dependent. 21 b. Whether or not there is "immediate and urgent 22 necessity" to remove the child from home (including: 23 their ability to care for the child, conditions in the 24 home, alternative means of protecting the child other 25 than removal). 26 c. The best interests of the child. HB1596- 439 -LRB103 25063 WGH 51398 b 1 4. To cross examine the State's witnesses. 2 The Notice for rehearings shall be substantially as 3follows: 4NOTICE OF PARENT'S AND CHILDREN'S RIGHTS 5TO REHEARING ON TEMPORARY CUSTODY 6 If you were not present at and did not have adequate notice 7of the Shelter Care Hearing at which temporary custody of 8............... was awarded to ................, you have the 9right to request a full rehearing on whether the State should 10have temporary custody of ................. To request this 11rehearing, you must file with the Clerk of the Juvenile Court 12(address): ........................, in person or by mailing a 13statement (affidavit) setting forth the following: 14 1. That you were not present at the shelter care 15 hearing. 16 2. That you did not get adequate notice (explaining 17 how the notice was inadequate). 18 3. Your signature. 19 4. Signature must be notarized. 20 The rehearing should be scheduled within one day of your 21filing this affidavit. 22 At the rehearing, your rights are the same as at the 23initial shelter care hearing. The enclosed notice explains 24those rights. 25 At the Shelter Care Hearing, children have the following 26rights: HB1596- 440 -LRB103 25063 WGH 51398 b 1 1. To have a guardian ad litem appointed. 2 2. To be declared competent as a witness and to 3 present testimony concerning: 4 a. Whether they are abused, neglected or 5 dependent. 6 b. Whether there is "immediate and urgent 7 necessity" to be removed from home. 8 c. Their best interests. 9 3. To cross examine witnesses for other parties. 10 4. To obtain an explanation of any proceedings and 11 orders of the court. 12 (4) If the parent, guardian, legal custodian, responsible 13relative, or counsel of the minor did not have actual notice of 14or was not present at the shelter care hearing, the parent, 15guardian, legal custodian, responsible relative, or counsel of 16the minor he or she may file an affidavit setting forth these 17facts, and the clerk shall set the matter for rehearing not 18later than 48 hours, excluding Sundays and legal holidays, 19after the filing of the affidavit. At the rehearing, the court 20shall proceed in the same manner as upon the original hearing. 21 (5) Only when there is reasonable cause to believe that 22the minor taken into custody is a person described in 23subsection (3) of Section 5-105 may the minor be kept or 24detained in a detention home or county or municipal jail. This 25Section shall in no way be construed to limit subsection (6). 26 (6) No minor under 16 years of age may be confined in a HB1596- 441 -LRB103 25063 WGH 51398 b 1jail or place ordinarily used for the confinement of prisoners 2in a police station. Minors under 18 years of age must be kept 3separate from confined adults and may not at any time be kept 4in the same cell, room, or yard with adults confined pursuant 5to the criminal law. 6 (7) If the minor is not brought before a judicial officer 7within the time period specified in Section 3-11, the minor 8must immediately be released from custody. 9 (8) If neither the parent, guardian or custodian appears 10within 24 hours to take custody of a minor released upon 11request pursuant to subsection (2) of this Section, then the 12clerk of the court shall set the matter for rehearing not later 13than 7 days after the original order and shall issue a summons 14directed to the parent, guardian or custodian to appear. At 15the same time the probation department shall prepare a report 16on the minor. If a parent, guardian or custodian does not 17appear at such rehearing, the judge may enter an order 18prescribing that the minor be kept in a suitable place 19designated by the Department of Children and Family Services 20or a licensed child welfare agency. 21 (9) Notwithstanding any other provision of this Section, 22any interested party, including the State, the temporary 23custodian, an agency providing services to the minor or family 24under a service plan pursuant to Section 8.2 of the Abused and 25Neglected Child Reporting Act, foster parent, or any of their 26representatives, on notice to all parties entitled to notice, HB1596- 442 -LRB103 25063 WGH 51398 b 1may file a motion to modify or vacate a temporary custody order 2on any of the following grounds: 3 (a) It is no longer a matter of immediate and urgent 4 necessity that the minor remain in shelter care; or 5 (b) There is a material change in the circumstances of 6 the natural family from which the minor was removed; or 7 (c) A person, including a parent, relative or legal 8 guardian, is capable of assuming temporary custody of the 9 minor; or 10 (d) Services provided by the Department of Children 11 and Family Services or a child welfare agency or other 12 service provider have been successful in eliminating the 13 need for temporary custody. 14 The clerk shall set the matter for hearing not later than 1514 days after such motion is filed. In the event that the court 16modifies or vacates a temporary custody order but does not 17vacate its finding of probable cause, the court may order that 18appropriate services be continued or initiated in behalf of 19the minor and the minor's his or her family. 20 (10) The changes made to this Section by Public Act 98-61 21apply to a minor who has been arrested or taken into custody on 22or after January 1, 2014 (the effective date of Public Act 2398-61). 24(Source: P.A. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.) 25 (705 ILCS 405/3-14) (from Ch. 37, par. 803-14) HB1596- 443 -LRB103 25063 WGH 51398 b 1 Sec. 3-14. Preliminary conferences. 2 (1) The court may authorize the probation officer to 3confer in a preliminary conference with any person seeking to 4file a petition under Section 3-15, the prospective 5respondents and other interested persons concerning the 6advisability of filing the petition, with a view to adjusting 7suitable cases without the filing of a petition. 8 The probation officer should schedule a conference 9promptly except where the State's Attorney insists on court 10action or where the minor has indicated that the minor he or 11she will demand a judicial hearing and will not comply with an 12informal adjustment. 13 (2) In any case of a minor who is in temporary custody, the 14holding of preliminary conferences does not operate to prolong 15temporary custody beyond the period permitted by Section 3-11. 16 (3) This Section does not authorize any probation officer 17to compel any person to appear at any conference, produce any 18papers, or visit any place. 19 (4) No statement made during a preliminary conference may 20be admitted into evidence at an adjudicatory hearing or at any 21proceeding against the minor under the criminal laws of this 22State prior to the minor's his or her conviction thereunder. 23 (5) The probation officer shall promptly formulate a 24written, non-judicial adjustment plan following the initial 25conference. 26 (6) Non-judicial adjustment plans include but are not HB1596- 444 -LRB103 25063 WGH 51398 b 1limited to the following: 2 (a) up to 6 months informal supervision within family; 3 (b) up to 6 months informal supervision with a 4 probation officer involved; 5 (c) up to 6 months informal supervision with release 6 to a person other than parent; 7 (d) referral to special educational, counseling or 8 other rehabilitative social or educational programs; 9 (e) referral to residential treatment programs; and 10 (f) any other appropriate action with consent of the 11 minor and a parent. 12 (7) The factors to be considered by the probation officer 13in formulating a written non-judicial adjustment plan shall be 14the same as those limited in subsection (4) of Section 5-405. 15(Source: P.A. 90-590, eff. 1-1-99.) 16 (705 ILCS 405/3-15) (from Ch. 37, par. 803-15) 17 Sec. 3-15. Petition; supplemental petitions. 18 (1) Any adult person, any agency or association by its 19representative may file, or the court on its own motion may 20direct the filing through the State's Attorney of a petition 21in respect to a minor under this Act. The petition and all 22subsequent court documents shall be entitled "In the interest 23of ...., a minor". 24 (2) The petition shall be verified but the statements may 25be made upon information and belief. It shall allege that the HB1596- 445 -LRB103 25063 WGH 51398 b 1minor requires authoritative intervention or supervision and 2set forth (a) facts sufficient to bring the minor under 3Section 3-3, 3-33.5, or 3-40; (b) the name, age and residence 4of the minor; (c) the names and residences of the minor's his 5parents; (d) the name and residence of the minor's his legal 6guardian or the person or persons having custody or control of 7the minor, or of the nearest known relative if no parent or 8guardian can be found; and (e) if the minor upon whose behalf 9the petition is brought is sheltered in custody, the date on 10which shelter care was ordered by the court or the date set for 11a shelter care hearing. If any of the facts herein required are 12not known by the petitioner, the petition shall so state. 13 (3) The petition must allege that it is in the best 14interests of the minor and of the public that the minor he be 15adjudged a ward of the court and may pray generally for relief 16available under this Act. The petition need not specify any 17proposed disposition following adjudication of wardship. 18 (4) If appointment of a guardian of the person with power 19to consent to adoption of the minor under Section 3-30 is 20sought, the petition shall so state. 21 (5) At any time before dismissal of the petition or before 22final closing and discharge under Section 3-32, one or more 23supplemental petitions may be filed in respect to the same 24minor. 25(Source: P.A. 96-1087, eff. 1-1-11.) HB1596- 446 -LRB103 25063 WGH 51398 b 1 (705 ILCS 405/3-16) (from Ch. 37, par. 803-16) 2 Sec. 3-16. Date for adjudicatory hearing. 3 (a) (Blank). Until January 1, 1988: 4 (1) When a petition has been filed alleging that the minor 5requires authoritative intervention, an adjudicatory hearing 6shall be held within 120 days. The 120 day period in which an 7adjudicatory hearing shall be held is tolled by: (A) delay 8occasioned by the minor; (B) a continuance allowed pursuant to 9Section 114-4 of the Code of Criminal Procedure of 1963 after a 10court's determination of the minor's physical incapacity for 11trial; or (C) an interlocutory appeal. Any such delay shall 12temporarily suspend for the time of the delay the period 13within which the adjudicatory hearing must be held. On the day 14of expiration of the delay, the said period shall continue at 15the point at which it was suspended. Where no such 16adjudicatory hearing is held within 120 days, the court may, 17on written motion of a minor's guardian ad litem, dismiss the 18petition with respect to such minor. Such dismissal shall be 19without prejudice. 20 Where the court determines that the State exercised, 21without success, due diligence to obtain evidence material to 22the case, and that there are reasonable grounds to believe 23that such evidence may be obtained at a later date, the court 24may, upon written motion by the State, continue the matter for 25not more than 30 additional days. 26 (2) In the case of a minor ordered held in shelter care, HB1596- 447 -LRB103 25063 WGH 51398 b 1the hearing on the petition must be held within 10 judicial 2days from the date of the order of the court directing shelter 3care or the earliest possible date in compliance with the 4notice provisions of Sections 3-17 and 3-18 as to the 5custodial parent, guardian or legal custodian, but no later 6than 30 judicial days from the date of the order of the court 7directing shelter care. Delay occasioned by the respondent 8shall temporarily suspend, for the time of the delay, the 9period within which a respondent must be tried pursuant to 10this Section. 11 Upon failure to comply with the time limits specified in 12this subsection (a)(2), the minor shall be immediately 13released. The time limits specified in subsection (a)(1) shall 14still apply. 15 (3) Nothing in this Section prevents the minor's exercise 16of his or her right to waive any time limits set forth in this 17Section. 18 (b) Beginning January 1, 1988: (1)(A) When a petition has 19been filed alleging that the minor requires authoritative 20intervention, an adjudicatory hearing shall be held within 120 21days of a demand made by any party, except that when the court 22determines that the State, without success, has exercised due 23diligence to obtain evidence material to the case and that 24there are reasonable grounds to believe that such evidence may 25be obtained at a later date, the court may, upon motion by the 26State, continue the adjudicatory hearing for not more than 30 HB1596- 448 -LRB103 25063 WGH 51398 b 1additional days. 2 The 120 day period in which an adjudicatory hearing shall 3be held is tolled by: (i) delay occasioned by the minor; or 4(ii) a continuance allowed pursuant to Section 114-4 of the 5Code of Criminal Procedure of 1963 after a court's 6determination of the minor's physical incapacity for trial; or 7(iii) an interlocutory appeal. Any such delay shall 8temporarily suspend, for the time of the delay, the period 9within which the adjudicatory hearing must be held. On the day 10of expiration of the delay, the said period shall continue at 11the point at which it was suspended. 12 (B) When no such adjudicatory hearing is held within the 13time required by paragraph (b)(1)(A) of this Section, the 14court shall, upon motion by any party, dismiss the petition 15with prejudice. 16 (2) Without affecting the applicability of the tolling and 17multiple prosecution provisions of paragraph (b)(1) of this 18Section, when a petition has been filed alleging that the 19minor requires authoritative intervention and the minor is in 20shelter care, the adjudicatory hearing shall be held within 10 21judicial days after the date of the order directing shelter 22care, or the earliest possible date in compliance with the 23notice provisions of Sections 3-17 and 3-18 as to the 24custodial parent, guardian or legal custodian, but no later 25than 30 judicial days from the date of the order of the court 26directing shelter care. HB1596- 449 -LRB103 25063 WGH 51398 b 1 (3) Any failure to comply with the time limits of 2paragraph (b)(2) of this Section shall require the immediate 3release of the minor from shelter care, and the time limits of 4paragraph (b)(1) shall apply. 5 (4) Nothing in this Section prevents the minor or the 6minor's parents or guardian from exercising their respective 7rights to waive the time limits set forth in this Section. 8(Source: P.A. 85-601.) 9 (705 ILCS 405/3-17) (from Ch. 37, par. 803-17) 10 Sec. 3-17. Summons. (1) When a petition is filed, the 11clerk of the court shall issue a summons with a copy of the 12petition attached. The summons shall be directed to the 13minor's legal guardian or custodian and to each person named 14as a respondent in the petition, except that summons need not 15be directed to a minor respondent under 8 years of age for whom 16the court appoints a guardian ad litem if the guardian ad litem 17appears on behalf of the minor in any proceeding under this 18Act. 19 (2) The summons must contain a statement that the minor or 20any of the respondents is entitled to have an attorney present 21at the hearing on the petition, and that the clerk of the court 22should be notified promptly if the minor or any other 23respondent desires to be represented by an attorney but is 24financially unable to employ counsel. 25 (3) The summons shall be issued under the seal of the HB1596- 450 -LRB103 25063 WGH 51398 b 1court, attested to and signed with the name of the clerk of the 2court, dated on the day it is issued, and shall require each 3respondent to appear and answer the petition on the date set 4for the adjudicatory hearing. 5 (4) The summons may be served by any county sheriff, 6coroner or probation officer, even though the officer is the 7petitioner. The return of the summons with endorsement of 8service by the officer is sufficient proof thereof. 9 (5) Service of a summons and petition shall be made by: (a) 10leaving a copy thereof with the person summoned at least 3 days 11before the time stated therein for appearance; (b) leaving a 12copy at the summoned person's his usual place of abode with 13some person of the family, of the age of 10 years or upwards, 14and informing that person of the contents thereof, provided 15the officer or other person making service shall also send a 16copy of the summons in a sealed envelope with postage fully 17prepaid, addressed to the person summoned at the person's his 18usual place of abode, at least 3 days before the time stated 19therein for appearance; or (c) leaving a copy thereof with the 20guardian or custodian of a minor, at least 3 days before the 21time stated therein for appearance. If the guardian or 22custodian is an agency of the State of Illinois, proper 23service may be made by leaving a copy of the summons and 24petition with any administrative employee of such agency 25designated by such agency to accept service of summons and 26petitions. The certificate of the officer or affidavit of the HB1596- 451 -LRB103 25063 WGH 51398 b 1person that the officer or person he has sent the copy pursuant 2to this Section is sufficient proof of service. 3 (6) When a parent or other person, who has signed a written 4promise to appear and bring the minor to court or who has 5waived or acknowledged service, fails to appear with the minor 6on the date set by the court, a bench warrant may be issued for 7the parent or other person, the minor, or both. 8 (7) The appearance of the minor's legal guardian or 9custodian, or a person named as a respondent in a petition, in 10any proceeding under this Act shall constitute a waiver of 11service of summons and submission to the jurisdiction of the 12court. A copy of the summons and petition shall be provided to 13the person at the time of the person's his appearance. 14(Source: P.A. 86-441.) 15 (705 ILCS 405/3-18) (from Ch. 37, par. 803-18) 16 Sec. 3-18. Notice by certified mail or publication. 17 (1) If service on individuals as provided in Section 3-17 18is not made on any respondent within a reasonable time or if it 19appears that any respondent resides outside the State, service 20may be made by certified mail. In such case the clerk shall 21mail the summons and a copy of the petition to that respondent 22by certified mail marked for delivery to addressee only. The 23court shall not proceed with the adjudicatory hearing until 5 24days after such mailing. The regular return receipt for 25certified mail is sufficient proof of service. HB1596- 452 -LRB103 25063 WGH 51398 b 1 (2) If service upon individuals as provided in Section 23-17 is not made on any respondents within a reasonable time or 3if any person is made a respondent under the designation of 4"All whom it may Concern", or if service cannot be made because 5the whereabouts of a respondent are unknown, service may be 6made by publication. The clerk of the court as soon as possible 7shall cause publication to be made once in a newspaper of 8general circulation in the county where the action is pending. 9Notice by publication is not required in any case when the 10person alleged to have legal custody of the minor has been 11served with summons personally or by certified mail, but the 12court may not enter any order or judgment against any person 13who cannot be served with process other than by publication 14unless notice by publication is given or unless that person 15appears. When a minor has been sheltered under Section 3-12 of 16this Act and summons has not been served personally or by 17certified mail within 20 days from the date of the order of the 18court directing such shelter care, the clerk of the court 19shall cause publication. Notice by publication shall be 20substantially as follows: 21 "A, B, C, D, (here giving the names of the named 22respondents, if any) and to All Whom It May Concern (if there 23is any respondent under that designation): 24 Take notice that on (insert date) a petition was filed 25under the Juvenile Court Act of 1987 by .... in the circuit 26court of .... county entitled 'In the interest of ...., a HB1596- 453 -LRB103 25063 WGH 51398 b 1minor', and that in .... courtroom at .... on (insert date) at 2the hour of ...., or as soon thereafter as this cause may be 3heard, an adjudicatory hearing will be held upon the petition 4to have the child declared to be a ward of the court under that 5Act. The court has authority in this proceeding to take from 6you the custody and guardianship of the minor, (and if the 7petition prays for the appointment of a guardian with power to 8consent to adoption) and to appoint a guardian with power to 9consent to adoption of the minor. 10 Now, unless you appear at the hearing and show cause 11against the petition, the allegations of the petition may 12stand admitted as against you and each of you, and an order or 13judgment entered. 14 ...................... 15 Clerk 16Dated (insert the date of publication)" 17 (3) The clerk shall also at the time of the publication of 18the notice send a copy thereof by mail to each of the 19respondents on account of whom publication is made at the his 20or her last known address of each respondent. The certificate 21of the clerk that the clerk he or she has mailed the notice is 22evidence thereof. No other publication notice is required. 23Every respondent notified by publication under this Section 24must appear and answer in open court at the hearing. The court 25may not proceed with the adjudicatory hearing until 10 days 26after service by publication on any custodial parent, guardian HB1596- 454 -LRB103 25063 WGH 51398 b 1or legal custodian in the case of a minor requiring 2authoritative intervention. 3 (4) If it becomes necessary to change the date set for the 4hearing in order to comply with Section 3-17 or with this 5Section, notice of the resetting of the date must be given, by 6certified mail or other reasonable means, to each respondent 7who has been served with summons personally or by certified 8mail. 9(Source: P.A. 91-357, eff. 7-29-99.) 10 (705 ILCS 405/3-19) (from Ch. 37, par. 803-19) 11 Sec. 3-19. Guardian ad litem. 12 (1) Immediately upon the filing of a petition alleging 13that the minor requires authoritative intervention, the court 14may appoint a guardian ad litem for the minor if 15 (a) such petition alleges that the minor is the victim 16 of sexual abuse or misconduct; or 17 (b) such petition alleges that charges alleging the 18 commission of any of the sex offenses defined in Article 19 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 20 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 21 Criminal Code of 1961 or the Criminal Code of 2012, have 22 been filed against a defendant in any court and that such 23 minor is the alleged victim of the acts of the defendant in 24 the commission of such offense. 25 (2) Unless the guardian ad litem appointed pursuant to HB1596- 455 -LRB103 25063 WGH 51398 b 1paragraph (1) is an attorney at law, the guardian ad litem he 2shall be represented in the performance of the guardian ad 3litem's his duties by counsel. 4 (3) Before proceeding with the hearing, the court shall 5appoint a guardian ad litem for the minor if 6 (a) no parent, guardian, custodian or relative of the 7 minor appears at the first or any subsequent hearing of 8 the case; 9 (b) the petition prays for the appointment of a 10 guardian with power to consent to adoption; or 11 (c) the petition for which the minor is before the 12 court resulted from a report made pursuant to the Abused 13 and Neglected Child Reporting Act. 14 (4) The court may appoint a guardian ad litem for the minor 15whenever it finds that there may be a conflict of interest 16between the minor and the minor's his parents or other 17custodian or that it is otherwise in the minor's interest to do 18so. 19 (5) The reasonable fees of a guardian ad litem appointed 20under this Section shall be fixed by the court and charged to 21the parents of the minor, to the extent they are able to pay. 22If the parents are unable to pay those fees, they shall be paid 23from the general fund of the county. 24(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) 25 (705 ILCS 405/3-21) (from Ch. 37, par. 803-21) HB1596- 456 -LRB103 25063 WGH 51398 b 1 Sec. 3-21. Continuance under supervision. 2 (1) The court may enter an order of continuance under 3supervision (a) upon an admission or stipulation by the 4appropriate respondent or minor respondent of the facts 5supporting the petition and before proceeding to findings and 6adjudication, or after hearing the evidence at the 7adjudicatory hearing but before noting in the minutes of 8proceedings a finding of whether or not the minor is a person 9requiring authoritative intervention; and (b) in the absence 10of objection made in open court by the minor, the minor's his 11parent, guardian, custodian, responsible relative, defense 12attorney or the State's Attorney. 13 (2) If the minor, the minor's his parent, guardian, 14custodian, responsible relative, defense attorney or State's 15Attorney, objects in open court to any such continuance and 16insists upon proceeding to findings and adjudication, the 17court shall so proceed. 18 (3) Nothing in this Section limits the power of the court 19to order a continuance of the hearing for the production of 20additional evidence or for any other proper reason. 21 (4) When a hearing where a minor is alleged to be a minor 22requiring authoritative intervention is continued pursuant to 23this Section, the court may permit the minor to remain in the 24minor's his home subject to such conditions concerning the 25minor's his conduct and supervision as the court may require 26by order. HB1596- 457 -LRB103 25063 WGH 51398 b 1 (5) If a petition is filed charging a violation of a 2condition of the continuance under supervision, the court 3shall conduct a hearing. If the court finds that such 4condition of supervision has not been fulfilled the court may 5proceed to findings and adjudication and disposition. The 6filing of a petition for violation of a condition of the 7continuance under supervision shall toll the period of 8continuance under supervision until the final determination of 9the charge, and the term of the continuance under supervision 10shall not run until the hearing and disposition of the 11petition for violation; provided where the petition alleges 12conduct that does not constitute a criminal offense, the 13hearing must be held within 15 days of the filing of the 14petition unless a delay in such hearing has been occasioned by 15the minor, in which case the delay shall continue the tolling 16of the period of continuance under supervision for the period 17of such delay. 18 (6) The court must impose upon a minor under an order of 19continuance under supervision or an order of disposition under 20this Article III, as a condition of the order, a fee of $25 for 21each month or partial month of supervision with a probation 22officer. If the court determines the inability of the minor, 23or the parent, guardian, or legal custodian of the minor to pay 24the fee, the court may impose a lesser fee. The court may not 25impose the fee on a minor who is placed in the guardianship or 26custody of the Department of Children and Family Services HB1596- 458 -LRB103 25063 WGH 51398 b 1under this Act. The fee may be imposed only upon a minor who is 2actively supervised by the probation and court services 3department. The fee must be collected by the clerk of the 4circuit court. The clerk of the circuit court must pay all 5monies collected from this fee to the county treasurer for 6deposit into the probation and court services fund under 7Section 15.1 of the Probation and Probation Officers Act. 8(Source: P.A. 100-159, eff. 8-18-17.) 9 (705 ILCS 405/3-22) (from Ch. 37, par. 803-22) 10 Sec. 3-22. Findings and adjudication. 11 (1) After hearing the evidence the court shall make and 12note in the minutes of the proceeding a finding of whether or 13not the person is a minor requiring authoritative 14intervention. If it finds that the minor is not such a person, 15the court shall order the petition dismissed and the minor 16discharged from any restriction previously ordered in such 17proceeding. 18 (2) If the court finds that the person is a minor requiring 19authoritative intervention, the court shall note in its 20findings that the minor he or she does require authoritative 21intervention. The court shall then set a time for a 22dispositional hearing to be conducted under Section 3-23 at 23which hearing the court shall determine whether it is in the 24best interests of the minor and the public that the minor he be 25made a ward of the court. To assist the court in making this HB1596- 459 -LRB103 25063 WGH 51398 b 1and other determinations at the dispositional hearing, the 2court may order that an investigation be conducted and a 3dispositional report be prepared concerning the minor's 4physical and mental history and condition, family situation 5and background, economic status, education, occupation, 6history of delinquency or criminality, personal habits, and 7any other information that may be helpful to the court. 8(Source: P.A. 85-601.) 9 (705 ILCS 405/3-23) (from Ch. 37, par. 803-23) 10 Sec. 3-23. Dispositional hearing; evidence; continuance. 11(1) At the dispositional hearing, the court shall determine 12whether it is in the best interests of the minor and the public 13that the minor he be made a ward of the court, and, if the 14minor he is to be made a ward of the court, the court shall 15determine the proper disposition best serving the interests of 16the minor and the public. All evidence helpful in determining 17these questions, including oral and written reports, may be 18admitted and may be relied upon to the extent of its probative 19value, even though not competent for the purposes of the 20adjudicatory hearing. 21 (2) Notice in compliance with Sections 3-17 and 3-18 must 22be given to all parties-respondent prior to proceeding to a 23dispositional hearing. Before making an order of disposition 24the court shall advise the State's Attorney, the parents, 25guardian, custodian or responsible relative or their counsel HB1596- 460 -LRB103 25063 WGH 51398 b 1of the factual contents and the conclusions of the reports 2prepared for the use of the court and considered by it, and 3afford fair opportunity, if requested, to controvert them. The 4court may order, however, that the documents containing such 5reports need not be submitted for inspection, or that sources 6of confidential information need not be disclosed except to 7the attorneys for the parties. Factual contents, conclusions, 8documents and sources disclosed by the court under this 9paragraph shall not be further disclosed without the express 10approval of the court pursuant to an in camera hearing. 11 (3) A record of a prior continuance under supervision 12under Section 3-21, whether successfully completed or not, is 13admissible at the dispositional hearing. 14 (4) On its own motion or that of the State's Attorney, a 15parent, guardian, custodian, responsible relative or counsel, 16the court may adjourn the hearing for a reasonable period to 17receive reports or other evidence. In scheduling 18investigations and hearings, the court shall give priority to 19proceedings in which a minor has been removed from the minor's 20his or her home before an order of disposition has been made. 21(Source: P.A. 85-601.) 22 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24) 23 Sec. 3-24. Kinds of dispositional orders. 24 (1) The following kinds of orders of disposition may be 25made in respect to wards of the court: A minor found to be HB1596- 461 -LRB103 25063 WGH 51398 b 1requiring authoritative intervention under Section 3-3 may be 2(a) committed to the Department of Children and Family 3Services, subject to Section 5 of the Children and Family 4Services Act; (b) placed under supervision and released to the 5minor's his or her parents, guardian or legal custodian; (c) 6placed in accordance with Section 3-28 with or without also 7being placed under supervision. Conditions of supervision may 8be modified or terminated by the court if it deems that the 9best interests of the minor and the public will be served 10thereby; (d) ordered partially or completely emancipated in 11accordance with the provisions of the Emancipation of Minors 12Act; or (e) subject to having the minor's his or her driver's 13license or driving privilege suspended for such time as 14determined by the Court but only until the minor he or she 15attains 18 years of age. 16 (2) Any order of disposition may provide for protective 17supervision under Section 3-25 and may include an order of 18protection under Section 3-26. 19 (3) Unless the order of disposition expressly so provides, 20it does not operate to close proceedings on the pending 21petition, but is subject to modification until final closing 22and discharge of the proceedings under Section 3-32. 23 (4) In addition to any other order of disposition, the 24court may order any person found to be a minor requiring 25authoritative intervention under Section 3-3 to make 26restitution, in monetary or non-monetary form, under the terms HB1596- 462 -LRB103 25063 WGH 51398 b 1and conditions of Section 5-5-6 of the Unified Code of 2Corrections, except that the "presentence hearing" referred to 3therein shall be the dispositional hearing for purposes of 4this Section. The parent, guardian or legal custodian of the 5minor may pay some or all of such restitution on the minor's 6behalf. 7 (5) Any order for disposition where the minor is committed 8or placed in accordance with Section 3-28 shall provide for 9the parents or guardian of the estate of such minor to pay to 10the legal custodian or guardian of the person of the minor such 11sums as are determined by the custodian or guardian of the 12person of the minor as necessary for the minor's needs. Such 13payments may not exceed the maximum amounts provided for by 14Section 9.1 of the Children and Family Services Act. 15 (6) Whenever the order of disposition requires the minor 16to attend school or participate in a program of training, the 17truant officer or designated school official shall regularly 18report to the court if the minor is a chronic or habitual 19truant under Section 26-2a of the School Code. 20 (7) The court must impose upon a minor under an order of 21continuance under supervision or an order of disposition under 22this Article III, as a condition of the order, a fee of $25 for 23each month or partial month of supervision with a probation 24officer. If the court determines the inability of the minor, 25or the parent, guardian, or legal custodian of the minor to pay 26the fee, the court may impose a lesser fee. The court may not HB1596- 463 -LRB103 25063 WGH 51398 b 1impose the fee on a minor who is placed in the guardianship or 2custody of the Department of Children and Family Services 3under this Act. The fee may be imposed only upon a minor who is 4actively supervised by the probation and court services 5department. The fee must be collected by the clerk of the 6circuit court. The clerk of the circuit court must pay all 7monies collected from this fee to the county treasurer for 8deposit into the probation and court services fund under 9Section 15.1 of the Probation and Probation Officers Act. 10(Source: P.A. 100-159, eff. 8-18-17.) 11 (705 ILCS 405/3-25) (from Ch. 37, par. 803-25) 12 Sec. 3-25. Protective supervision. If the order of 13disposition releases the minor to the custody of the minor's 14his parents, guardian or legal custodian, or continues the 15minor him in such custody, the court may place the person 16having custody of the minor, except for representatives of 17private or public agencies or governmental departments, under 18supervision of the probation office. Rules or orders of court 19shall define the terms and conditions of protective 20supervision, which may be modified or terminated when the 21court finds that the best interests of the minor and the public 22will be served thereby. 23(Source: P.A. 85-601.) 24 (705 ILCS 405/3-26) (from Ch. 37, par. 803-26) HB1596- 464 -LRB103 25063 WGH 51398 b 1 Sec. 3-26. Order of protection. 2 (1) The court may make an order of protection in 3assistance of or as a condition of any other order authorized 4by this Act. The order of protection may set forth reasonable 5conditions of behavior to be observed for a specified period. 6Such an order may require a person: 7 (a) To stay away from the home or the minor; 8 (b) To permit a parent to visit the minor at stated 9 periods; 10 (c) To abstain from offensive conduct against the 11 minor, the minor's his parent or any person to whom 12 custody of the minor is awarded; 13 (d) To give proper attention to the care of the home; 14 (e) To cooperate in good faith with an agency to which 15 custody of a minor is entrusted by the court or with an 16 agency or association to which the minor is referred by 17 the court; 18 (f) To prohibit and prevent any contact whatsoever 19 with the respondent minor by a specified individual or 20 individuals who are alleged in either a criminal or 21 juvenile proceeding to have caused injury to a respondent 22 minor or a sibling of a respondent minor; 23 (g) To refrain from acts of commission or omission 24 that tend to make the home not a proper place for the 25 minor. 26 (2) The court shall enter an order of protection to HB1596- 465 -LRB103 25063 WGH 51398 b 1prohibit and prevent any contact between a respondent minor or 2a sibling of a respondent minor and any person named in a 3petition seeking an order of protection who has been convicted 4of heinous battery or aggravated battery under subdivision 5(a)(2) of Section 12-3.05, aggravated battery of a child or 6aggravated battery under subdivision (b)(1) of Section 712-3.05, criminal sexual assault, aggravated criminal sexual 8assault, predatory criminal sexual assault of a child, 9criminal sexual abuse, or aggravated criminal sexual abuse as 10described in the Criminal Code of 1961 or the Criminal Code of 112012, or has been convicted of an offense that resulted in the 12death of a child, or has violated a previous order of 13protection under this Section. 14 (3) When the court issues an order of protection against 15any person as provided by this Section, the court shall direct 16a copy of such order to the Sheriff of that county. The Sheriff 17shall furnish a copy of the order of protection to the Illinois 18State Police within 24 hours of receipt, in the form and manner 19required by the Department. The Illinois State Police shall 20maintain a complete record and index of such orders of 21protection and make this data available to all local law 22enforcement agencies. 23 (4) After notice and opportunity for hearing afforded to a 24person subject to an order of protection, the order may be 25modified or extended for a further specified period or both or 26may be terminated if the court finds that the best interests of HB1596- 466 -LRB103 25063 WGH 51398 b 1the minor and the public will be served thereby. 2 (5) An order of protection may be sought at any time during 3the course of any proceeding conducted pursuant to this Act. 4Any person against whom an order of protection is sought may 5retain counsel to represent the person him at a hearing, and 6has rights to be present at the hearing, to be informed prior 7to the hearing in writing of the contents of the petition 8seeking a protective order and of the date, place and time of 9such hearing, and to cross examine witnesses called by the 10petitioner and to present witnesses and argument in opposition 11to the relief sought in the petition. 12 (6) Diligent efforts shall be made by the petitioner to 13serve any person or persons against whom any order of 14protection is sought with written notice of the contents of 15the petition seeking a protective order and of the date, place 16and time at which the hearing on the petition is to be held. 17When a protective order is being sought in conjunction with a 18shelter care hearing, if the court finds that the person 19against whom the protective order is being sought has been 20notified of the hearing or that diligent efforts have been 21made to notify such person, the court may conduct a hearing. If 22a protective order is sought at any time other than in 23conjunction with a shelter care hearing, the court may not 24conduct a hearing on the petition in the absence of the person 25against whom the order is sought unless the petitioner has 26notified such person by personal service at least 3 days HB1596- 467 -LRB103 25063 WGH 51398 b 1before the hearing or has sent written notice by first class 2mail to such person's last known address at least 5 days before 3the hearing. 4 (7) A person against whom an order of protection is being 5sought who is neither a parent, guardian, legal custodian or 6responsible relative as described in Section 1-5 is not a 7party or respondent as defined in that Section and shall not be 8entitled to the rights provided therein. Such person does not 9have a right to appointed counsel or to be present at any 10hearing other than the hearing in which the order of 11protection is being sought or a hearing directly pertaining to 12that order. Unless the court orders otherwise, such person 13does not have a right to inspect the court file. 14 (8) All protective orders entered under this Section shall 15be in writing. Unless the person against whom the order was 16obtained was present in court when the order was issued, the 17sheriff, other law enforcement official or special process 18server shall promptly serve that order upon that person and 19file proof of such service, in the manner provided for service 20of process in civil proceedings. The person against whom the 21protective order was obtained may seek a modification of the 22order by filing a written motion to modify the order within 7 23days after actual receipt by the person of a copy of the order. 24(Source: P.A. 102-538, eff. 8-20-21.) 25 (705 ILCS 405/3-27) (from Ch. 37, par. 803-27) HB1596- 468 -LRB103 25063 WGH 51398 b 1 Sec. 3-27. Enforcement of orders of protective supervision 2or of protection. 3 (1) Orders of protective supervision and orders of 4protection may be enforced by citation to show cause for 5contempt of court by reason of any violation thereof and, 6where protection of the welfare of the minor so requires, by 7the issuance of a warrant to take the alleged violator into 8custody and bring the minor him before the court. 9 (2) In any case where an order of protection has been 10entered, the clerk of the court may issue to the petitioner, to 11the minor or to any other person affected by the order a 12certificate stating that an order of protection has been made 13by the court concerning such persons and setting forth its 14terms and requirements. The presentation of the certificate to 15any peace officer authorizes the peace officer him to take 16into custody a person charged with violating the terms of the 17order of protection, to bring such person before the court 18and, within the limits of the peace officer's his legal 19authority as such peace officer, otherwise to aid in securing 20the protection the order is intended to afford. 21(Source: P.A. 85-601.) 22 (705 ILCS 405/3-28) (from Ch. 37, par. 803-28) 23 Sec. 3-28. Placement; legal custody or guardianship. 24 (1) If the court finds that the parents, guardian or legal 25custodian of a minor adjudged a ward of the court are unfit or HB1596- 469 -LRB103 25063 WGH 51398 b 1are unable, for some reason other than financial circumstances 2alone, to care for, protect, train or discipline the minor or 3are unwilling to do so, and that appropriate services aimed at 4family preservation and family reunification have been 5unsuccessful in rectifying the conditions which have led to 6such a finding of unfitness or inability to care for, protect, 7train or discipline the minor, and that it is in the best 8interest of the minor to take the minor him from the custody of 9the minor's his parents, guardian or custodian, the court may: 10 (a) place the minor him in the custody of a suitable 11 relative or other person; 12 (b) place the minor him under the guardianship of a 13 probation officer; 14 (c) commit the minor him to an agency for care or 15 placement, except an institution under the authority of 16 the Department of Juvenile Justice or of the Department of 17 Children and Family Services; 18 (d) commit the minor him to some licensed training 19 school or industrial school; or 20 (e) commit the minor him to any appropriate 21 institution having among its purposes the care of 22 delinquent children, including a child protective facility 23 maintained by a Child Protection District serving the 24 county from which commitment is made, but not including 25 any institution under the authority of the Department of 26 Juvenile Justice or of the Department of Children and HB1596- 470 -LRB103 25063 WGH 51398 b 1 Family Services. 2 (2) When making such placement, the court, wherever 3possible, shall select a person holding the same religious 4belief as that of the minor or a private agency controlled by 5persons of like religious faith of the minor and shall require 6the Department of Children and Family Services to otherwise 7comply with Section 7 of the Children and Family Services Act 8in placing the child. In addition, whenever alternative plans 9for placement are available, the court shall ascertain and 10consider, to the extent appropriate in the particular case, 11the views and preferences of the minor. 12 (3) When a minor is placed with a suitable relative or 13other person, the court shall appoint the suitable relative or 14other person as him the legal custodian or guardian of the 15person of the minor. When a minor is committed to any agency, 16the court shall appoint the proper officer or representative 17thereof as legal custodian or guardian of the person of the 18minor. Legal custodians and guardians of the person of the 19minor have the respective rights and duties set forth in 20paragraph (9) of Section 1-3 except as otherwise provided by 21order of the court; but no guardian of the person may consent 22to adoption of the minor unless that authority is conferred 23upon the guardian him in accordance with Section 3-30. An 24agency whose representative is appointed guardian of the 25person or legal custodian of the minor may place the minor him 26in any child care facility, but such facility must be licensed HB1596- 471 -LRB103 25063 WGH 51398 b 1under the Child Care Act of 1969 or have been approved by the 2Department of Children and Family Services as meeting the 3standards established for such licensing. No agency may place 4such minor in a child care facility unless such placement is in 5compliance with the rules and regulations for placement under 6this Section promulgated by the Department of Children and 7Family Services under Section 5 of the Children and Family 8Services Act "An Act creating the Department of Children and 9Family Services, codifying its powers and duties, and 10repealing certain Acts and Sections herein named". Like 11authority and restrictions shall be conferred by the court 12upon any probation officer who has been appointed guardian of 13the person of a minor. 14 (4) No placement by any probation officer or agency whose 15representative is appointed guardian of the person or legal 16custodian of a minor may be made in any out of State child care 17facility unless it complies with the Interstate Compact on the 18Placement of Children. 19 (5) The clerk of the court shall issue to such legal 20custodian or guardian of the person a certified copy of the 21order of the court, as proof of the legal custodian's or 22guardian's his authority. No other process is necessary as 23authority for the keeping of the minor. 24 (6) Custody or guardianship granted hereunder continues 25until the court otherwise directs, but not after the minor 26reaches the age of 19 years except as set forth in Section HB1596- 472 -LRB103 25063 WGH 51398 b 13-32. 2(Source: P.A. 98-83, eff. 7-15-13.) 3 (705 ILCS 405/3-29) (from Ch. 37, par. 803-29) 4 Sec. 3-29. Court review. (1) The court may require any 5legal custodian or guardian of the person appointed under this 6Act to report periodically to the court or may cite the legal 7custodian or guardian him into court and require the legal 8custodian, guardian, him or the legal custodian's or 9guardian's his agency, to make a full and accurate report of 10the his or its doings of the legal custodian, guardian, or 11agency on in behalf of the minor. The custodian or guardian, 12within 10 days after such citation, shall make the report, 13either in writing verified by affidavit or orally under oath 14in open court, or otherwise as the court directs. Upon the 15hearing of the report the court may remove the custodian or 16guardian and appoint another in the custodian's or guardian's 17his stead or restore the minor to the custody of the minor's 18his parents or former guardian or custodian. 19 (2) A guardian or custodian appointed by the court 20pursuant to this Act shall file updated case plans with the 21court every 6 months. Every agency which has guardianship of a 22child shall file a supplemental petition for court review, or 23review by an administrative body appointed or approved by the 24court and further order within 18 months of dispositional 25order and each 18 months thereafter. Such petition shall state HB1596- 473 -LRB103 25063 WGH 51398 b 1facts relative to the child's present condition of physical, 2mental and emotional health as well as facts relative to the 3child's his present custodial or foster care. The petition 4shall be set for hearing and the clerk shall mail 10 days 5notice of the hearing by certified mail, return receipt 6requested, to the person or agency having the physical custody 7of the child, the minor and other interested parties unless a 8written waiver of notice is filed with the petition. 9 Rights of wards of the court under this Act are 10enforceable against any public agency by complaints for relief 11by mandamus filed in any proceedings brought under this Act. 12 (3) The minor or any person interested in the minor may 13apply to the court for a change in custody of the minor and the 14appointment of a new custodian or guardian of the person or for 15the restoration of the minor to the custody of the minor's his 16parents or former guardian or custodian. 17 In the event that the minor has attained 18 years of age 18and the guardian or custodian petitions the court for an order 19terminating the minor's his guardianship or custody, 20guardianship or custody shall terminate automatically 30 days 21after the receipt of the petition unless the court orders 22otherwise. No legal custodian or guardian of the person may be 23removed without the legal custodian's or guardian's his 24consent until given notice and an opportunity to be heard by 25the court. 26(Source: P.A. 85-601.) HB1596- 474 -LRB103 25063 WGH 51398 b 1 (705 ILCS 405/3-30) (from Ch. 37, par. 803-30) 2 Sec. 3-30. Adoption; appointment of guardian with power to 3consent. 4 (1) A ward of the court under this Act, with the consent of 5the court, may be the subject of a petition for adoption under 6the Adoption Act "An Act in relation to the adoption of 7persons, and to repeal an Act therein named", approved July 817, 1959, as amended, or with like consent the minor's his or 9her parent or parents may, in the manner required by such Act, 10surrender the minor him or her for adoption to an agency 11legally authorized or licensed to place children for adoption. 12 (2) If the petition prays and the court finds that it is in 13the best interests of the minor that a guardian of the person 14be appointed and authorized to consent to the adoption of the 15minor, the court with the consent of the parents, if living, or 16after finding, based upon clear and convincing evidence, that 17a non-consenting parent is an unfit person as defined in 18Section 1 of the Adoption Act "An Act in relation to the 19adoption of persons, and to repeal an Act therein named", 20approved July 17, 1959, as amended, may empower the guardian 21of the person of the minor, in the order appointing the person 22him or her as such guardian, to appear in court where any 23proceedings for the adoption of the minor may at any time be 24pending and to consent to the adoption. Such consent is 25sufficient to authorize the court in the adoption proceedings HB1596- 475 -LRB103 25063 WGH 51398 b 1to enter a proper order or judgment of adoption without 2further notice to, or consent by, the parents of the minor. An 3order so empowering the guardian to consent to adoption 4terminates parental rights, deprives the parents of the minor 5of all legal rights as respects the minor and relieves them of 6all parental responsibility for the minor him or her, and 7frees the minor from all obligations of maintenance and 8obedience to the minor's his or her natural parents. 9 If the minor is over 14 years of age, the court may, in its 10discretion, consider the wishes of the minor in determining 11whether the best interests of the minor would be promoted by 12the finding of the unfitness of a non-consenting parent. 13 (3) Parental consent to the order authorizing the guardian 14of the person to consent to adoption of the Minor shall be 15given in open court whenever possible and otherwise must be in 16writing and signed in the form provided in the Adoption Act "An 17Act in relation to the adoption of persons, and to repeal an 18Act therein named", approved July 17, 1959, as amended, but no 19names of petitioners for adoption need be included. A finding 20of the unfitness of a nonconsenting parent must be made in 21compliance with that Act and be based upon clear and 22convincing evidence. Provisions of that Act relating to minor 23parents and to mentally ill or mentally deficient parents 24apply to proceedings under this Section and shall be based 25upon clear and convincing evidence. 26(Source: P.A. 85-601.) HB1596- 476 -LRB103 25063 WGH 51398 b 1 (705 ILCS 405/3-32) (from Ch. 37, par. 803-32) 2 Sec. 3-32. Duration of wardship and discharge of 3proceedings. 4 (1) All proceedings under this Act in respect to any minor 5for whom a petition was filed after the effective date of this 6amendatory Act of 1991 automatically terminate upon the minor 7his attaining the age of 19 years, except that a court may 8continue the wardship of a minor until age 21 for good cause 9when there is satisfactory evidence presented to the court 10that the best interest of the minor and the public require the 11continuation of the wardship. 12 (2) Whenever the court finds that the best interests of 13the minor and the public no longer require the wardship of the 14court, the court shall order the wardship terminated and all 15proceedings under this Act respecting that minor finally 16closed and discharged. The court may at the same time continue 17or terminate any custodianship or guardianship theretofore 18ordered but termination must be made in compliance with 19Section 3-29. 20 (3) The wardship of the minor and any custodianship or 21guardianship respecting the minor for whom a petition was 22filed after the effective date of this amendatory Act of 1991 23automatically terminates when the minor he attains the age of 2419 years except as set forth in subsection (1) of this Section. 25The clerk of the court shall at that time record all HB1596- 477 -LRB103 25063 WGH 51398 b 1proceedings under this Act as finally closed and discharged 2for that reason. 3(Source: P.A. 87-14.) 4 (705 ILCS 405/3-33.5) 5 Sec. 3-33.5. Truant minors in need of supervision. 6 (a) Definition. A minor who is reported by the office of 7the regional superintendent of schools as a chronic truant may 8be subject to a petition for adjudication and adjudged a 9truant minor in need of supervision, provided that prior to 10the filing of the petition, the office of the regional 11superintendent of schools or a community truancy review board 12certifies that the local school has provided appropriate 13truancy intervention services to the truant minor and the 14minor's his or her family. For purposes of this Section, 15"truancy intervention services" means services designed to 16assist the minor's return to an educational program, and 17includes but is not limited to: assessments, counseling, 18mental health services, shelter, optional and alternative 19education programs, tutoring, and educational advocacy. If, 20after review by the regional office of education or community 21truancy review board, it is determined the local school did 22not provide the appropriate interventions, then the minor 23shall be referred to a comprehensive community based youth 24service agency for truancy intervention services. If the 25comprehensive community based youth service agency is HB1596- 478 -LRB103 25063 WGH 51398 b 1incapable to provide intervention services, then this 2requirement for services is not applicable. The comprehensive 3community based youth service agency shall submit reports to 4the office of the regional superintendent of schools or 5truancy review board within 20, 40, and 80 school days of the 6initial referral or at any other time requested by the office 7of the regional superintendent of schools or truancy review 8board, which reports each shall certify the date of the 9minor's referral and the extent of the minor's progress and 10participation in truancy intervention services provided by the 11comprehensive community based youth service agency. In 12addition, if, after referral by the office of the regional 13superintendent of schools or community truancy review board, 14the minor declines or refuses to fully participate in truancy 15intervention services provided by the comprehensive community 16based youth service agency, then the agency shall immediately 17certify such facts to the office of the regional 18superintendent of schools or community truancy review board. 19 (a-1) There is a rebuttable presumption that a chronic 20truant is a truant minor in need of supervision. 21 (a-2) There is a rebuttable presumption that school 22records of a minor's attendance at school are authentic. 23 (a-3) For purposes of this Section, "chronic truant" has 24the meaning ascribed to it in Section 26-2a of the School Code. 25 (a-4) For purposes of this Section, a "community truancy 26review board" is a local community based board comprised of HB1596- 479 -LRB103 25063 WGH 51398 b 1but not limited to: representatives from local comprehensive 2community based youth service agencies, representatives from 3court service agencies, representatives from local schools, 4representatives from health service agencies, and 5representatives from local professional and community 6organizations as deemed appropriate by the office of the 7regional superintendent of schools. The regional 8superintendent of schools must approve the establishment and 9organization of a community truancy review board, and the 10regional superintendent of schools or the regional 11superintendent's his or her designee shall chair the board. 12 (a-5) Nothing in this Section shall be construed to create 13a private cause of action or right of recovery against a 14regional office of education, its superintendent, or its staff 15with respect to truancy intervention services where the 16determination to provide the services is made in good faith. 17 (b) Kinds of dispositional orders. A minor found to be a 18truant minor in need of supervision may be: 19 (1) committed to the appropriate regional 20 superintendent of schools for a student assistance team 21 staffing, a service plan, or referral to a comprehensive 22 community based youth service agency; 23 (2) required to comply with a service plan as 24 specifically provided by the appropriate regional 25 superintendent of schools; 26 (3) ordered to obtain counseling or other supportive HB1596- 480 -LRB103 25063 WGH 51398 b 1 services; 2 (4) (blank); 3 (5) required to perform some reasonable public service 4 work such as, but not limited to, the picking up of litter 5 in public parks or along public highways or the 6 maintenance of public facilities; or 7 (6) (blank). 8 A dispositional order may include public service only if 9the court has made an express written finding that a truancy 10prevention program has been offered by the school, regional 11superintendent of schools, or a comprehensive community based 12youth service agency to the truant minor in need of 13supervision. 14 (c) Orders entered under this Section may be enforced by 15contempt proceedings. 16(Source: P.A. 102-456, eff. 1-1-22.) 17 (705 ILCS 405/4-1) (from Ch. 37, par. 804-1) 18 Sec. 4-1. Jurisdictional facts. Proceedings may be 19instituted under the provisions of this Article concerning 20minors boys and girls who are addicted as defined in Section 214-3. 22(Source: P.A. 85-601.) 23 (705 ILCS 405/4-4) (from Ch. 37, par. 804-4) 24 Sec. 4-4. Taking into custody. HB1596- 481 -LRB103 25063 WGH 51398 b 1 (1) A law enforcement officer may, without a warrant, take 2into temporary custody a minor (a) whom the officer with 3reasonable cause believes to be an addicted minor; (b) who has 4been adjudged a ward of the court and has escaped from any 5commitment ordered by the court under this Act; or (c) who is 6found in any street or public place suffering from any 7sickness or injury which requires care, medical treatment or 8hospitalization. 9 (2) Whenever a petition has been filed under Section 4-12 10and the court finds that the conduct and behavior of the minor 11may endanger the health, person, welfare, or property of the 12minor himself or others or that the circumstances of the 13minor's his home environment may endanger the minor's his 14health, person, welfare or property, a warrant may be issued 15immediately to take the minor into custody. 16 (3) The taking of a minor into temporary custody under 17this Section is not an arrest nor does it constitute a police 18record. 19 (4) Minors taken into temporary custody under this Section 20are subject to the provisions of Section 1-4.1. 21(Source: P.A. 87-1154.) 22 (705 ILCS 405/4-5) (from Ch. 37, par. 804-5) 23 Sec. 4-5. Duty of officer; admissions by minor. (1) A law 24enforcement officer who takes a minor into custody with a 25warrant shall immediately make a reasonable attempt to notify HB1596- 482 -LRB103 25063 WGH 51398 b 1the parent or other person legally responsible for the minor's 2care or the person with whom the minor resides that the minor 3has been taken into custody and where the minor he or she is 4being held; and the officer shall without unnecessary delay 5take the minor to the nearest juvenile police officer 6designated for such purposes in the county of venue or shall 7surrender the minor to a juvenile police officer in the city or 8village where the offense is alleged to have been committed. 9 The minor shall be delivered without unnecessary delay to 10the court or to the place designated by rule or order of court 11for the reception of minors, provided that the court may not 12designate a place of detention. 13 (2) A law enforcement officer who takes a minor into 14custody without a warrant under Section 4-4 shall, if the 15minor is not released, immediately make a reasonable attempt 16to notify the parent or other person legally responsible for 17the minor's care or the person with whom the minor resides that 18the minor has been taken into custody and where the minor is 19being held; and the law enforcement officer shall without 20unnecessary delay take the minor to the nearest juvenile 21police officer designated for such purposes in the county of 22venue. 23 (3) The juvenile police officer may take one of the 24following actions: 25 (a) station adjustment with release of the minor; 26 (b) station adjustment with release of the minor to a HB1596- 483 -LRB103 25063 WGH 51398 b 1parent; 2 (c) station adjustment, release of the minor to a parent, 3and referral of the case to community services; 4 (d) station adjustment, release of the minor to a parent, 5and referral of the case to community services with informal 6monitoring by a juvenile police officer; 7 (e) station adjustment and release of the minor to a third 8person pursuant to agreement of the minor and parents; 9 (f) station adjustment, release of the minor to a third 10person pursuant to agreement of the minor and parents, and 11referral of the case to community services; 12 (g) station adjustment, release of the minor to a third 13person pursuant to agreement of the minor and parents, and 14referral to community services with informal monitoring by a 15juvenile police officer; 16 (h) release of the minor to the minor's his or her parents 17and referral of the case to a county juvenile probation 18officer or such other public officer designated by the court; 19 (i) if the juvenile police officer reasonably believes 20that there is an urgent and immediate necessity to keep the 21minor in custody, the juvenile police officer shall deliver 22the minor without unnecessary delay to the court or to the 23place designated by rule or order of the court for the 24reception of minors; and 25 (j) any other appropriate action with consent of the minor 26and a parent. HB1596- 484 -LRB103 25063 WGH 51398 b 1(Source: P.A. 85-601.) 2 (705 ILCS 405/4-6) (from Ch. 37, par. 804-6) 3 Sec. 4-6. Temporary custody. "Temporary custody" means the 4temporary placement of the minor out of the custody of the 5minor's his or her guardian or parent. 6 (a) "Temporary protective custody" means custody within a 7hospital or other medical facility or a place previously 8designated for such custody by the Department, subject to 9review by the Court, including a licensed foster home, group 10home, or other institution; but such place shall not be a jail 11or other place for the detention of criminal or juvenile 12offenders. 13 (b) "Shelter care" means a physically unrestrictive 14facility designated by Department of Children and Family 15Services or a licensed child welfare agency or other suitable 16place designated by the court for a minor who requires care 17away from the minor's his or her home. 18(Source: P.A. 85-601.) 19 (705 ILCS 405/4-7) (from Ch. 37, par. 804-7) 20 Sec. 4-7. Investigation; release. When a minor is 21delivered to the court, or to the place designated by the court 22under Section 4-6 of this Act, a probation officer or such 23other public officer designated by the court shall immediately 24investigate the circumstances of the minor and the facts HB1596- 485 -LRB103 25063 WGH 51398 b 1surrounding the minor his or her being taken into custody. The 2minor shall be immediately released to the custody of the 3minor's his or her parent, guardian, legal custodian or 4responsible relative, unless the probation officer or such 5other public officer designated by the court finds that 6further temporary custody is necessary, as provided in Section 74-6. 8(Source: P.A. 85-601.) 9 (705 ILCS 405/4-8) (from Ch. 37, par. 804-8) 10 Sec. 4-8. Setting of shelter care hearing. 11(1) Unless sooner released, a minor alleged to be addicted 12taken into temporary protective custody must be brought before 13a judicial officer within 48 hours, exclusive of Saturdays, 14Sundays and holidays, for a shelter care hearing to determine 15whether the minor he shall be further held in custody. 16 (2) If the probation officer or such other public officer 17designated by the court determines that the minor should be 18retained in custody, the probation officer or such other 19public officer designated by the court he shall cause a 20petition to be filed as provided in Section 4-12 of this Act, 21and the clerk of the court shall set the matter for hearing on 22the shelter care hearing calendar. When a parent, guardian, 23custodian or responsible relative is present and so requests, 24the shelter care hearing shall be held immediately if the 25court is in session, otherwise at the earliest feasible time. HB1596- 486 -LRB103 25063 WGH 51398 b 1The probation officer or such other public officer designated 2by the court shall notify the minor's parent, guardian, 3custodian or responsible relative of the time and place of the 4hearing. The notice may be given orally. 5 (3) The minor must be released from custody at the 6expiration of the 48 hour period, as the case may be, specified 7by this Section, if not brought before a judicial officer 8within that period. 9(Source: P.A. 85-601.) 10 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9) 11 Sec. 4-9. Shelter care hearing. At the appearance of the 12minor before the court at the shelter care hearing, all 13witnesses present shall be examined before the court in 14relation to any matter connected with the allegations made in 15the petition. 16 (1) If the court finds that there is not probable cause to 17believe that the minor is addicted, it shall release the minor 18and dismiss the petition. 19 (2) If the court finds that there is probable cause to 20believe that the minor is addicted, the minor, the minor's his 21or her parent, guardian, custodian and other persons able to 22give relevant testimony shall be examined before the court. 23After such testimony, the court may enter an order that the 24minor shall be released upon the request of a parent, guardian 25or custodian if the parent, guardian or custodian appears to HB1596- 487 -LRB103 25063 WGH 51398 b 1take custody and agrees to abide by a court order which 2requires the minor and the minor's his or her parent, 3guardian, or legal custodian to complete an evaluation by an 4entity licensed by the Department of Human Services, as the 5successor to the Department of Alcoholism and Substance Abuse, 6and complete any treatment recommendations indicated by the 7assessment. "Custodian" includes the Department of Children 8and Family Services, if it has been given custody of the child, 9or any other agency of the State which has been given custody 10or wardship of the child. 11 The Court shall require documentation by representatives 12of the Department of Children and Family Services or the 13probation department as to the reasonable efforts that were 14made to prevent or eliminate the necessity of removal of the 15minor from the minor's his or her home, and shall consider the 16testimony of any person as to those reasonable efforts. If the 17court finds that it is a matter of immediate and urgent 18necessity for the protection of the minor or of the person or 19property of another that the minor be placed in a shelter care 20facility or that the minor he or she is likely to flee the 21jurisdiction of the court, and further, finds that reasonable 22efforts have been made or good cause has been shown why 23reasonable efforts cannot prevent or eliminate the necessity 24of removal of the minor from the minor's his or her home, the 25court may prescribe shelter care and order that the minor be 26kept in a suitable place designated by the court or in a HB1596- 488 -LRB103 25063 WGH 51398 b 1shelter care facility designated by the Department of Children 2and Family Services or a licensed child welfare agency, or in a 3facility or program licensed by the Department of Human 4Services for shelter and treatment services; otherwise it 5shall release the minor from custody. If the court prescribes 6shelter care, then in placing the minor, the Department or 7other agency shall, to the extent compatible with the court's 8order, comply with Section 7 of the Children and Family 9Services Act. If the minor is ordered placed in a shelter care 10facility of the Department of Children and Family Services or 11a licensed child welfare agency, or in a facility or program 12licensed by the Department of Human Services for shelter and 13treatment services, the court shall, upon request of the 14appropriate Department or other agency, appoint the Department 15of Children and Family Services Guardianship Administrator or 16other appropriate agency executive temporary custodian of the 17minor and the court may enter such other orders related to the 18temporary custody as it deems fit and proper, including the 19provision of services to the minor or the minor's his family to 20ameliorate the causes contributing to the finding of probable 21cause or to the finding of the existence of immediate and 22urgent necessity. Acceptance of services shall not be 23considered an admission of any allegation in a petition made 24pursuant to this Act, nor may a referral of services be 25considered as evidence in any proceeding pursuant to this Act, 26except where the issue is whether the Department has made HB1596- 489 -LRB103 25063 WGH 51398 b 1reasonable efforts to reunite the family. In making its 2findings that reasonable efforts have been made or that good 3cause has been shown why reasonable efforts cannot prevent or 4eliminate the necessity of removal of the minor from the 5minor's his or her home, the court shall state in writing its 6findings concerning the nature of the services that were 7offered or the efforts that were made to prevent removal of the 8child and the apparent reasons that such services or efforts 9could not prevent the need for removal. The parents, guardian, 10custodian, temporary custodian and minor shall each be 11furnished a copy of such written findings. The temporary 12custodian shall maintain a copy of the court order and written 13findings in the case record for the child. The order together 14with the court's findings of fact in support thereof shall be

Public Act 103-0022 HB1596 EnrolledLRB103 25063 WGH 51398 b AN ACT concerning children. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 5. The Children and Family Services Act is amended by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.5, 7.8, 8, 8a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 and by changing Section 5.26 (as added by Public Act 102-763) as follows: (20 ILCS 505/4b) Sec. 4b. Youth transitional housing programs. (a) The Department may license youth transitional housing programs. For the purposes of this Section, "youth transitional housing program" means a program that provides shelter or housing and services to eligible homeless minors. Services provided by the youth transitional housing program may include a service assessment, individualized case management, and life skills training. The Department shall adopt rules governing the licensure of those programs. (b) A homeless minor is eligible if: (1) the homeless minor he or she is at least 16 years of age but less than 18 years of age; (2) the homeless minor lacks a regular, fixed, and adequate place to live; (3) the homeless minor is living apart from the minor's his or her parent or guardian; (4) the homeless minor desires to participate in a licensed youth transitional housing program; (5) a licensed youth transitional housing program is able to provide housing and services; (6) the licensed youth transitional housing program has determined the homeless minor is eligible for the youth transitional housing program; and (7) either the homeless minor's parent has consented to the transitional housing program or the minor has consented after: (A) a comprehensive community based youth service agency has provided crisis intervention services to the homeless minor under Section 3-5 of the Juvenile Court Act of 1987 and the agency was unable to achieve either family reunification or an alternate living arrangement; (B) the Department has not filed a petition alleging that the homeless minor is abused or neglected and the minor does not require placement in a residential facility, as defined by 89 Ill. Adm. Code 301.20; (C) the youth transitional housing program or comprehensive community based youth services agency has made reasonable efforts and documented its attempts to notify the homeless minor's parent or guardian of the homeless minor's intent to enter the youth transitional housing program. (d) If an eligible homeless minor voluntarily leaves or is dismissed from a youth transitional housing program prior to reaching the age of majority, the youth transitional housing program agency shall contact the comprehensive community based youth services agency that provided crisis intervention services to the eligible homeless minor under subdivision (b)(7)(A) of this Section to assist in finding an alternative placement for the minor. If the eligible homeless minor leaves the program before beginning services with the comprehensive community based youth service provider, then the youth transitional housing program shall notify the local law enforcement authorities and make reasonable efforts to notify the minor's parent or guardian that the minor has left the program. (e) Nothing in this Section shall be construed to require an eligible homeless minor to acquire the consent of a parent, guardian, or custodian to consent to a youth transitional housing program. An eligible homeless minor is deemed to have the legal capacity to consent to receiving housing and services from a licensed youth transitional housing program. (f) The purpose of this Section is to provide a means by which an eligible homeless minor may have the authority to consent, independent of the homeless minor's his or her parents or guardian, to receive housing and services as described in subsection (a) of this Section provided by a licensed youth transitional housing program that has the ability to serve the homeless minor. This Section is not intended to interfere with the integrity of the family or the rights of parents and their children. This Section does not limit or exclude any means by which a minor may become emancipated. (Source: P.A. 100-162, eff. 1-1-18.) (20 ILCS 505/5) (from Ch. 23, par. 5005) Sec. 5. Direct child welfare services; Department of Children and Family Services. To provide direct child welfare services when not available through other public or private child care or program facilities. (a) For purposes of this Section: (1) "Children" means persons found within the State who are under the age of 18 years. The term also includes persons under age 21 who: (A) were committed to the Department pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987 and who continue under the jurisdiction of the court; or (B) were accepted for care, service and training by the Department prior to the age of 18 and whose best interest in the discretion of the Department would be served by continuing that care, service and training because of severe emotional disturbances, physical disability, social adjustment or any combination thereof, or because of the need to complete an educational or vocational training program. (2) "Homeless youth" means persons found within the State who are under the age of 19, are not in a safe and stable living situation and cannot be reunited with their families. (3) "Child welfare services" means public social services which are directed toward the accomplishment of the following purposes: (A) protecting and promoting the health, safety and welfare of children, including homeless, dependent, or neglected children; (B) remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children; (C) preventing the unnecessary separation of children from their families by identifying family problems, assisting families in resolving their problems, and preventing the breakup of the family where the prevention of child removal is desirable and possible when the child can be cared for at home without endangering the child's health and safety; (D) restoring to their families children who have been removed, by the provision of services to the child and the families when the child can be cared for at home without endangering the child's health and safety; (E) placing children in suitable adoptive homes, in cases where restoration to the birth biological family is not safe, possible, or appropriate; (F) assuring safe and adequate care of children away from their homes, in cases where the child cannot be returned home or cannot be placed for adoption. At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of this Section so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child; (G) (blank); (H) (blank); and (I) placing and maintaining children in facilities that provide separate living quarters for children under the age of 18 and for children 18 years of age and older, unless a child 18 years of age is in the last year of high school education or vocational training, in an approved individual or group treatment program, in a licensed shelter facility, or secure child care facility. The Department is not required to place or maintain children: (i) who are in a foster home, or (ii) who are persons with a developmental disability, as defined in the Mental Health and Developmental Disabilities Code, or (iii) who are female children who are pregnant, pregnant and parenting, or parenting, or (iv) who are siblings, in facilities that provide separate living quarters for children 18 years of age and older and for children under 18 years of age. (b) (Blank). (c) The Department shall establish and maintain tax-supported child welfare services and extend and seek to improve voluntary services throughout the State, to the end that services and care shall be available on an equal basis throughout the State to children requiring such services. (d) The Director may authorize advance disbursements for any new program initiative to any agency contracting with the Department. As a prerequisite for an advance disbursement, the contractor must post a surety bond in the amount of the advance disbursement and have a purchase of service contract approved by the Department. The Department may pay up to 2 months operational expenses in advance. The amount of the advance disbursement shall be prorated over the life of the contract or the remaining months of the fiscal year, whichever is less, and the installment amount shall then be deducted from future bills. Advance disbursement authorizations for new initiatives shall not be made to any agency after that agency has operated during 2 consecutive fiscal years. The requirements of this Section concerning advance disbursements shall not apply with respect to the following: payments to local public agencies for child day care services as authorized by Section 5a of this Act; and youth service programs receiving grant funds under Section 17a-4. (e) (Blank). (f) (Blank). (g) The Department shall establish rules and regulations concerning its operation of programs designed to meet the goals of child safety and protection, family preservation, family reunification, and adoption, including, but not limited to: (1) adoption; (2) foster care; (3) family counseling; (4) protective services; (5) (blank); (6) homemaker service; (7) return of runaway children; (8) (blank); (9) placement under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 in accordance with the federal Adoption Assistance and Child Welfare Act of 1980; and (10) interstate services. Rules and regulations established by the Department shall include provisions for training Department staff and the staff of Department grantees, through contracts with other agencies or resources, in screening techniques to identify substance use disorders, as defined in the Substance Use Disorder Act, approved by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse, for the purpose of identifying children and adults who should be referred for an assessment at an organization appropriately licensed by the Department of Human Services for substance use disorder treatment. (h) If the Department finds that there is no appropriate program or facility within or available to the Department for a youth in care and that no licensed private facility has an adequate and appropriate program or none agrees to accept the youth in care, the Department shall create an appropriate individualized, program-oriented plan for such youth in care. The plan may be developed within the Department or through purchase of services by the Department to the extent that it is within its statutory authority to do. (i) Service programs shall be available throughout the State and shall include but not be limited to the following services: (1) case management; (2) homemakers; (3) counseling; (4) parent education; (5) day care; and (6) emergency assistance and advocacy. In addition, the following services may be made available to assess and meet the needs of children and families: (1) comprehensive family-based services; (2) assessments; (3) respite care; and (4) in-home health services. The Department shall provide transportation for any of the services it makes available to children or families or for which it refers children or families. (j) The Department may provide categories of financial assistance and education assistance grants, and shall establish rules and regulations concerning the assistance and grants, to persons who adopt children with physical or mental disabilities, children who are older, or other hard-to-place children who (i) immediately prior to their adoption were youth in care or (ii) were determined eligible for financial assistance with respect to a prior adoption and who become available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child's adoptive parents have died. The Department may continue to provide financial assistance and education assistance grants for a child who was determined eligible for financial assistance under this subsection (j) in the interim period beginning when the child's adoptive parents died and ending with the finalization of the new adoption of the child by another adoptive parent or parents. The Department may also provide categories of financial assistance and education assistance grants, and shall establish rules and regulations for the assistance and grants, to persons appointed guardian of the person under Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile Court Act of 1987 for children who were youth in care for 12 months immediately prior to the appointment of the guardian. The amount of assistance may vary, depending upon the needs of the child and the adoptive parents, as set forth in the annual assistance agreement. Special purpose grants are allowed where the child requires special service but such costs may not exceed the amounts which similar services would cost the Department if it were to provide or secure them as guardian of the child. Any financial assistance provided under this subsection is inalienable by assignment, sale, execution, attachment, garnishment, or any other remedy for recovery or collection of a judgment or debt. (j-5) The Department shall not deny or delay the placement of a child for adoption if an approved family is available either outside of the Department region handling the case, or outside of the State of Illinois. (k) The Department shall accept for care and training any child who has been adjudicated neglected or abused, or dependent committed to it pursuant to the Juvenile Court Act or the Juvenile Court Act of 1987. (l) The Department shall offer family preservation services, as defined in Section 8.2 of the Abused and Neglected Child Reporting Act, to help families, including adoptive and extended families. Family preservation services shall be offered (i) to prevent the placement of children in substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare, (ii) to reunite children with their families, or (iii) to maintain an adoptive placement. Family preservation services shall only be offered when doing so will not endanger the children's health or safety. With respect to children who are in substitute care pursuant to the Juvenile Court Act of 1987, family preservation services shall not be offered if a goal other than those of subdivisions (A), (B), or (B-1) of subsection (2) of Section 2-28 of that Act has been set, except that reunification services may be offered as provided in paragraph (F) of subsection (2) of Section 2-28 of that Act. Nothing in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available. The Department shall notify the child and the child's his family of the Department's responsibility to offer and provide family preservation services as identified in the service plan. The child and the child's his family shall be eligible for services as soon as the report is determined to be "indicated". The Department may offer services to any child or family with respect to whom a report of suspected child abuse or neglect has been filed, prior to concluding its investigation under Section 7.12 of the Abused and Neglected Child Reporting Act. However, the child's or family's willingness to accept services shall not be considered in the investigation. The Department may also provide services to any child or family who is the subject of any report of suspected child abuse or neglect or may refer such child or family to services available from other agencies in the community, even if the report is determined to be unfounded, if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of such services shall be voluntary. The Department may also provide services to any child or family after completion of a family assessment, as an alternative to an investigation, as provided under the "differential response program" provided for in subsection (a-5) of Section 7.4 of the Abused and Neglected Child Reporting Act. The Department may, at its discretion except for those children also adjudicated neglected or dependent, accept for care and training any child who has been adjudicated addicted, as a truant minor in need of supervision or as a minor requiring authoritative intervention, under the Juvenile Court Act or the Juvenile Court Act of 1987, but no such child shall be committed to the Department by any court without the approval of the Department. On and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 16 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. On and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department by any court, except (i) a minor less than 15 years of age committed to the Department under Section 5-710 of the Juvenile Court Act of 1987, ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, which must be defined by departmental rule, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987. 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. The Department shall assign a caseworker to attend any hearing involving a youth in the care and custody of the Department who is placed on aftercare release, including hearings involving sanctions for violation of aftercare release conditions and aftercare release revocation hearings. As soon as is possible after August 7, 2009 (the effective date of Public Act 96-134), the Department shall develop and implement a special program of family preservation services to support intact, foster, and adoptive families who are experiencing extreme hardships due to the difficulty and stress of caring for a child who has been diagnosed with a pervasive developmental disorder if the Department determines that those services are necessary to ensure the health and safety of the child. The Department may offer services to any family whether or not a report has been filed under the Abused and Neglected Child Reporting Act. The Department may refer the child or family to services available from other agencies in the community if the conditions in the child's or family's home are reasonably likely to subject the child or family to future reports of suspected child abuse or neglect. Acceptance of these services shall be voluntary. The Department shall develop and implement a public information campaign to alert health and social service providers and the general public about these special family preservation services. The nature and scope of the services offered and the number of families served under the special program implemented under this paragraph shall be determined by the level of funding that the Department annually allocates for this purpose. The term "pervasive developmental disorder" under this paragraph means a neurological condition, including, but not limited to, Asperger's Syndrome and autism, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association. (l-1) The General Assembly legislature recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible. To achieve this goal, the General Assembly legislature directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most permanent living arrangement and permanent legal status. When determining reasonable efforts to be made with respect to a child, as described in this subsection, and in making such reasonable efforts, the child's health and safety shall be the paramount concern. When a child is placed in foster care, the Department shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove the child from the child's home. The Department must make reasonable efforts to reunify the family when temporary placement of the child occurs unless otherwise required, pursuant to the Juvenile Court Act of 1987. At any time after the dispositional hearing where the Department believes that further reunification services would be ineffective, it may request a finding from the court that reasonable efforts are no longer appropriate. The Department is not required to provide further reunification services after such a finding. A decision to place a child in substitute care shall be made with considerations of the child's health, safety, and best interests. At the time of placement, consideration should also be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. The Department shall adopt rules addressing concurrent planning for reunification and permanency. The Department shall consider the following factors when determining appropriateness of concurrent planning: (1) the likelihood of prompt reunification; (2) the past history of the family; (3) the barriers to reunification being addressed by the family; (4) the level of cooperation of the family; (5) the foster parents' willingness to work with the family to reunite; (6) the willingness and ability of the foster family to provide an adoptive home or long-term placement; (7) the age of the child; (8) placement of siblings. (m) The Department may assume temporary custody of any child if: (1) it has received a written consent to such temporary custody signed by the parents of the child or by the parent having custody of the child if the parents are not living together or by the guardian or custodian of the child if the child is not in the custody of either parent, or (2) the child is found in the State and neither a parent, guardian nor custodian of the child can be located. If the child is found in the child's his or her residence without a parent, guardian, custodian, or responsible caretaker, the Department may, instead of removing the child and assuming temporary custody, place an authorized representative of the Department in that residence until such time as a parent, guardian, or custodian enters the home and expresses a willingness and apparent ability to ensure the child's health and safety and resume permanent charge of the child, or until a relative enters the home and is willing and able to ensure the child's health and safety and assume charge of the child until a parent, guardian, or custodian enters the home and expresses such willingness and ability to ensure the child's safety and resume permanent charge. After a caretaker has remained in the home for a period not to exceed 12 hours, the Department must follow those procedures outlined in Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987. The Department shall have the authority, responsibilities and duties that a legal custodian of the child would have pursuant to subsection (9) of Section 1-3 of the Juvenile Court Act of 1987. Whenever a child is taken into temporary custody pursuant to an investigation under the Abused and Neglected Child Reporting Act, or pursuant to a referral and acceptance under the Juvenile Court Act of 1987 of a minor in limited custody, the Department, during the period of temporary custody and before the child is brought before a judicial officer as required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of 1987, shall have the authority, responsibilities and duties that a legal custodian of the child would have under subsection (9) of Section 1-3 of the Juvenile Court Act of 1987. The Department shall ensure that any child taken into custody is scheduled for an appointment for a medical examination. A parent, guardian, or custodian of a child in the temporary custody of the Department who would have custody of the child if the child he were not in the temporary custody of the Department may deliver to the Department a signed request that the Department surrender the temporary custody of the child. The Department may retain temporary custody of the child for 10 days after the receipt of the request, during which period the Department may cause to be filed a petition pursuant to the Juvenile Court Act of 1987. If a petition is so filed, the Department shall retain temporary custody of the child until the court orders otherwise. If a petition is not filed within the 10-day period, the child shall be surrendered to the custody of the requesting parent, guardian, or custodian not later than the expiration of the 10-day period, at which time the authority and duties of the Department with respect to the temporary custody of the child shall terminate. (m-1) The Department may place children under 18 years of age in a secure child care facility licensed by the Department that cares for children who are in need of secure living arrangements for their health, safety, and well-being after a determination is made by the facility director and the Director or the Director's designate prior to admission to the facility subject to Section 2-27.1 of the Juvenile Court Act of 1987. This subsection (m-1) does not apply to a child who is subject to placement in a correctional facility operated pursuant to Section 3-15-2 of the Unified Code of Corrections, unless the child is a youth in care who was placed in the care of the Department before being subject to placement in a correctional facility and a court of competent jurisdiction has ordered placement of the child in a secure care facility. (n) The Department may place children under 18 years of age in licensed child care facilities when in the opinion of the Department, appropriate services aimed at family preservation have been unsuccessful and cannot ensure the child's health and safety or are unavailable and such placement would be for their best interest. Payment for board, clothing, care, training and supervision of any child placed in a licensed child care facility may be made by the Department, by the parents or guardians of the estates of those children, or by both the Department and the parents or guardians, except that no payments shall be made by the Department for any child placed in a licensed child care facility for board, clothing, care, training and supervision of such a child that exceed the average per capita cost of maintaining and of caring for a child in institutions for dependent or neglected children operated by the Department. However, such restriction on payments does not apply in cases where children require specialized care and treatment for problems of severe emotional disturbance, physical disability, social adjustment, or any combination thereof and suitable facilities for the placement of such children are not available at payment rates within the limitations set forth in this Section. All reimbursements for services delivered shall be absolutely inalienable by assignment, sale, attachment, or garnishment or otherwise. (n-1) The Department shall provide or authorize child welfare services, aimed at assisting minors to achieve sustainable self-sufficiency as independent adults, for any minor eligible for the reinstatement of wardship pursuant to subsection (2) of Section 2-33 of the Juvenile Court Act of 1987, whether or not such reinstatement is sought or allowed, provided that the minor consents to such services and has not yet attained the age of 21. The Department shall have responsibility for the development and delivery of services under this Section. An eligible youth may access services under this Section through the Department of Children and Family Services or by referral from the Department of Human Services. Youth participating in services under this Section shall cooperate with the assigned case manager in developing an agreement identifying the services to be provided and how the youth will increase skills to achieve self-sufficiency. A homeless shelter is not considered appropriate housing for any youth receiving child welfare services under this Section. The Department shall continue child welfare services under this Section to any eligible minor until the minor becomes 21 years of age, no longer consents to participate, or achieves self-sufficiency as identified in the minor's service plan. The Department of Children and Family Services shall create clear, readable notice of the rights of former foster youth to child welfare services under this Section and how such services may be obtained. The Department of Children and Family Services and the Department of Human Services shall disseminate this information statewide. The Department shall adopt regulations describing services intended to assist minors in achieving sustainable self-sufficiency as independent adults. (o) The Department shall establish an administrative review and appeal process for children and families who request or receive child welfare services from the Department. Youth in care who are placed by private child welfare agencies, and foster families with whom those youth are placed, shall be afforded the same procedural and appeal rights as children and families in the case of placement by the Department, including the right to an initial review of a private agency decision by that agency. The Department shall ensure that any private child welfare agency, which accepts youth in care for placement, affords those rights to children and foster families. The Department shall accept for administrative review and an appeal hearing a complaint made by (i) a child or foster family concerning a decision following an initial review by a private child welfare agency or (ii) a prospective adoptive parent who alleges a violation of subsection (j-5) of this Section. An appeal of a decision concerning a change in the placement of a child shall be conducted in an expedited manner. A court determination that a current foster home placement is necessary and appropriate under Section 2-28 of the Juvenile Court Act of 1987 does not constitute a judicial determination on the merits of an administrative appeal, filed by a former foster parent, involving a change of placement decision. (p) (Blank). (q) The Department may receive and use, in their entirety, for the benefit of children any gift, donation, or bequest of money or other property which is received on behalf of such children, or any financial benefits to which such children are or may become entitled while under the jurisdiction or care of the Department, except that the benefits described in Section 5.46 must be used and conserved consistent with the provisions under Section 5.46. The Department shall set up and administer no-cost, interest-bearing accounts in appropriate financial institutions for children for whom the Department is legally responsible and who have been determined eligible for Veterans' Benefits, Social Security benefits, assistance allotments from the armed forces, court ordered payments, parental voluntary payments, Supplemental Security Income, Railroad Retirement payments, Black Lung benefits, or other miscellaneous payments. Interest earned by each account shall be credited to the account, unless disbursed in accordance with this subsection. In disbursing funds from children's accounts, the Department shall: (1) Establish standards in accordance with State and federal laws for disbursing money from children's accounts. In all circumstances, the Department's "Guardianship Administrator" or the Guardianship Administrator's his or her designee must approve disbursements from children's accounts. The Department shall be responsible for keeping complete records of all disbursements for each account for any purpose. (2) Calculate on a monthly basis the amounts paid from State funds for the child's board and care, medical care not covered under Medicaid, and social services; and utilize funds from the child's account, as covered by regulation, to reimburse those costs. Monthly, disbursements from all children's accounts, up to 1/12 of $13,000,000, shall be deposited by the Department into the General Revenue Fund and the balance over 1/12 of $13,000,000 into the DCFS Children's Services Fund. (3) Maintain any balance remaining after reimbursing for the child's costs of care, as specified in item (2). The balance shall accumulate in accordance with relevant State and federal laws and shall be disbursed to the child or the child's his or her guardian, or to the issuing agency. (r) The Department shall promulgate regulations encouraging all adoption agencies to voluntarily forward to the Department or its agent names and addresses of all persons who have applied for and have been approved for adoption of a hard-to-place child or child with a disability and the names of such children who have not been placed for adoption. A list of such names and addresses shall be maintained by the Department or its agent, and coded lists which maintain the confidentiality of the person seeking to adopt the child and of the child shall be made available, without charge, to every adoption agency in the State to assist the agencies in placing such children for adoption. The Department may delegate to an agent its duty to maintain and make available such lists. The Department shall ensure that such agent maintains the confidentiality of the person seeking to adopt the child and of the child. (s) The Department of Children and Family Services may establish and implement a program to reimburse Department and private child welfare agency foster parents licensed by the Department of Children and Family Services for damages sustained by the foster parents as a result of the malicious or negligent acts of foster children, as well as providing third party coverage for such foster parents with regard to actions of foster children to other individuals. Such coverage will be secondary to the foster parent liability insurance policy, if applicable. The program shall be funded through appropriations from the General Revenue Fund, specifically designated for such purposes. (t) The Department shall perform home studies and investigations and shall exercise supervision over visitation as ordered by a court pursuant to the Illinois Marriage and Dissolution of Marriage Act or the Adoption Act only if: (1) an order entered by an Illinois court specifically directs the Department to perform such services; and (2) the court has ordered one or both of the parties to the proceeding to reimburse the Department for its reasonable costs for providing such services in accordance with Department rules, or has determined that neither party is financially able to pay. The Department shall provide written notification to the court of the specific arrangements for supervised visitation and projected monthly costs within 60 days of the court order. The Department shall send to the court information related to the costs incurred except in cases where the court has determined the parties are financially unable to pay. The court may order additional periodic reports as appropriate. (u) In addition to other information that must be provided, whenever the Department places a child with a prospective adoptive parent or parents, in a licensed foster home, group home, or child care institution, or in a relative home, the Department shall provide to the prospective adoptive parent or parents or other caretaker: (1) available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes excluding any information that identifies or reveals the location of any previous caretaker; (2) a copy of the child's portion of the client service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child; and (3) information containing details of the child's individualized educational plan when the child is receiving special education services. The caretaker shall be informed of any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetuation of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the children to be placed or currently in the home. The Department may prepare a written summary of the information required by this paragraph, which may be provided to the foster or prospective adoptive parent in advance of a placement. The foster or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide known information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection. The information described in this subsection shall be provided in writing. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the Department shall provide such information as it becomes available. Within 10 business days after placement, the Department shall obtain from the prospective adoptive parent or parents or other caretaker a signed verification of receipt of the information provided. Within 10 business days after placement, the Department shall provide to the child's guardian ad litem a copy of the information provided to the prospective adoptive parent or parents or other caretaker. The information provided to the prospective adoptive parent or parents or other caretaker shall be reviewed and approved regarding accuracy at the supervisory level. (u-5) Effective July 1, 1995, only foster care placements licensed as foster family homes pursuant to the Child Care Act of 1969 shall be eligible to receive foster care payments from the Department. Relative caregivers who, as of July 1, 1995, were approved pursuant to approved relative placement rules previously promulgated by the Department at 89 Ill. Adm. Code 335 and had submitted an application for licensure as a foster family home may continue to receive foster care payments only until the Department determines that they may be licensed as a foster family home or that their application for licensure is denied or until September 30, 1995, whichever occurs first. (v) The Department shall access criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall provide for interactive computerized communication and processing equipment that permits direct on-line communication with the Illinois State Police's central criminal history data repository. The Department shall comply with all certification requirements and provide certified operators who have been trained by personnel from the Illinois State Police. In addition, one Office of the Inspector General investigator shall have training in the use of the criminal history information access system and have access to the terminal. The Department of Children and Family Services and its employees shall abide by rules and regulations established by the Illinois State Police relating to the access and dissemination of this information. (v-1) Prior to final approval for placement of a child, the Department shall conduct a criminal records background check of the prospective foster or adoptive parent, including fingerprint-based checks of national crime information databases. Final approval for placement shall not be granted if the record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, or if there is a felony conviction for physical assault, battery, or a drug-related offense committed within the past 5 years. (v-2) Prior to final approval for placement of a child, the Department shall check its child abuse and neglect registry for information concerning prospective foster and adoptive parents, and any adult living in the home. If any prospective foster or adoptive parent or other adult living in the home has resided in another state in the preceding 5 years, the Department shall request a check of that other state's child abuse and neglect registry. (w) Within 120 days of August 20, 1995 (the effective date of Public Act 89-392), the Department shall prepare and submit to the Governor and the General Assembly, a written plan for the development of in-state licensed secure child care facilities that care for children who are in need of secure living arrangements for their health, safety, and well-being. For purposes of this subsection, secure care facility shall mean a facility that is designed and operated to ensure that all entrances and exits from the facility, a building or a distinct part of the building, are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building. The plan shall include descriptions of the types of facilities that are needed in Illinois; the cost of developing these secure care facilities; the estimated number of placements; the potential cost savings resulting from the movement of children currently out-of-state who are projected to be returned to Illinois; the necessary geographic distribution of these facilities in Illinois; and a proposed timetable for development of such facilities. (x) The Department shall conduct annual credit history checks to determine the financial history of children placed under its guardianship pursuant to the Juvenile Court Act of 1987. The Department shall conduct such credit checks starting when a youth in care turns 12 years old and each year thereafter for the duration of the guardianship as terminated pursuant to the Juvenile Court Act of 1987. The Department shall determine if financial exploitation of the child's personal information has occurred. If financial exploitation appears to have taken place or is presently ongoing, the Department shall notify the proper law enforcement agency, the proper State's Attorney, or the Attorney General. (y) Beginning on July 22, 2010 (the effective date of Public Act 96-1189), a child with a disability who receives residential and educational services from the Department shall be eligible to receive transition services in accordance with Article 14 of the School Code from the age of 14.5 through age 21, inclusive, notwithstanding the child's residential services arrangement. For purposes of this subsection, "child with a disability" means a child with a disability as defined by the federal Individuals with Disabilities Education Improvement Act of 2004. (z) The Department shall access criminal history record information as defined as "background information" in this subsection and criminal history record information as defined in the Illinois Uniform Conviction Information Act for each Department employee or Department applicant. Each Department employee or Department applicant shall submit the employee's or applicant's his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and the Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history record check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the record check. The Illinois State Police shall furnish, pursuant to positive identification, all Illinois conviction information to the Department of Children and Family Services. For purposes of this subsection: "Background information" means all of the following: (i) Upon the request of the Department of Children and Family Services, conviction information obtained from the Illinois State Police as a result of a fingerprint-based criminal history records check of the Illinois criminal history records database and the Federal Bureau of Investigation criminal history records database concerning a Department employee or Department applicant. (ii) Information obtained by the Department of Children and Family Services after performing a check of the Illinois State Police's Sex Offender Database, as authorized by Section 120 of the Sex Offender Community Notification Law, concerning a Department employee or Department applicant. (iii) Information obtained by the Department of Children and Family Services after performing a check of the Child Abuse and Neglect Tracking System (CANTS) operated and maintained by the Department. "Department employee" means a full-time or temporary employee coded or certified within the State of Illinois Personnel System. "Department applicant" means an individual who has conditional Department full-time or part-time work, a contractor, an individual used to replace or supplement staff, an academic intern, a volunteer in Department offices or on Department contracts, a work-study student, an individual or entity licensed by the Department, or an unlicensed service provider who works as a condition of a contract or an agreement and whose work may bring the unlicensed service provider into contact with Department clients or client records. (Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-1014, eff. 5-27-22.) (20 ILCS 505/5c) Sec. 5c. Direct child welfare service employee license. (a) By January 1, 2000, the Department, in consultation with private child welfare agencies, shall develop and implement a direct child welfare service employee license. By January 1, 2001 all child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department or its contractors shall be required to demonstrate sufficient knowledge and skills to obtain and maintain the license. The Direct Child Welfare Service Employee License Board of the Department shall have the authority to revoke or suspend the license of anyone who after a hearing is found to be guilty of misfeasance. The Department shall promulgate such rules as necessary to implement this Section. (b) If a direct child welfare service employee licensee is expected to transport a child or children with a motor vehicle in the course of performing the direct child welfare service employee licensee's his or her duties, the Department must verify that the licensee meets the requirements set forth in Section 5.1 of the Child Care Act of 1969. The Department must make that verification as to each such licensee every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under this subsection. If the Department discovers that a direct child welfare service employee licensee has engaged in transporting a child or children with a motor vehicle without having a valid driver's license, the Department shall immediately revoke the individual's direct child welfare service employee license. (c) On or before January 1, 2000, and every year thereafter, the Department shall submit an annual report to the General Assembly on the implementation of this Section. (Source: P.A. 94-943, eff. 1-1-07.) (20 ILCS 505/5d) Sec. 5d. The Direct Child Welfare Service Employee License Board. (a) For purposes of this Section: (1) "Board" means the Direct Child Welfare Service Employee License Board. (2) "Director" means the Director of Children and Family Services. (b) The Direct Child Welfare Service Employee License Board is created within the Department of Children and Family Services and shall consist of 9 members appointed by the Director. The Director shall annually designate a chairperson and vice-chairperson of the Board. The membership of the Board must be composed as follows: (i) 5 licensed professionals from the field of human services with a human services, juris doctor, medical, public administration, or other relevant human services degree and who are in good standing within their profession, at least 2 of which must be employed in the private not-for-profit sector and at least one of which in the public sector; (ii) 2 faculty members of an accredited university who have child welfare experience and are in good standing within their profession and (iii) 2 members of the general public who are not licensed under this Act or a similar rule and will represent consumer interests. In making the first appointments, the Director shall appoint 3 members to serve for a term of one year, 3 members to serve for a term of 2 years, and 3 members to serve for a term of 3 years, or until their successors are appointed and qualified. Their successors shall be appointed to serve 3-year terms, or until their successors are appointed and qualified. Appointments to fill unexpired vacancies shall be made in the same manner as original appointments. No member may be reappointed if a reappointment would cause that member to serve on the Board for longer than 6 consecutive years. Board membership must have reasonable representation from different geographic areas of Illinois, and all members must be residents of this State. The Director may terminate the appointment of any member for good cause, including but not limited to (i) unjustified absences from Board meetings or other failure to meet Board responsibilities, (ii) failure to recuse oneself himself or herself when required by subsection (c) of this Section or Department rule, or (iii) failure to maintain the professional position required by Department rule. No member of the Board may have a pending or indicated report of child abuse or neglect or a pending complaint or criminal conviction of any of the offenses set forth in paragraph (b) of Section 4.2 of the Child Care Act of 1969. The members of the Board shall receive no compensation for the performance of their duties as members, but each member shall be reimbursed for the member's his or her reasonable and necessary expenses incurred in attending the meetings of the Board. (c) The Board shall make recommendations to the Director regarding licensure rules. Board members must recuse themselves from sitting on any matter involving an employee of a child welfare agency at which the Board member is an employee or contractual employee. The Board shall make a final determination concerning revocation, suspension, or reinstatement of an employee's direct child welfare service license after a hearing conducted under the Department's rules. Upon notification of the manner of the vote to all the members, votes on a final determination may be cast in person, by telephonic or electronic means, or by mail at the discretion of the chairperson. A simple majority of the members appointed and serving is required when Board members vote by mail or by telephonic or electronic means. A majority of the currently appointed and serving Board members constitutes a quorum. A majority of a quorum is required when a recommendation is voted on during a Board meeting. A vacancy in the membership of the Board shall not impair the right of a quorum to perform all the duties of the Board. Board members are not personally liable in any action based upon a disciplinary proceeding or otherwise for any action taken in good faith as a member of the Board. (d) The Director may assign Department employees to provide staffing services to the Board. The Department must promulgate any rules necessary to implement and administer the requirements of this Section. (Source: P.A. 102-45, eff. 1-1-22.) (20 ILCS 505/5.26) Sec. 5.26. Foster children; exit interviews. (a) Unless clinically contraindicated, the Department shall ensure that an exit interview is conducted with every child age 5 and over who leaves a foster home. (1) The interview shall be conducted by a caseworker, mental health provider, or clinician from the Department's Division of Clinical Practice. (2) The interview shall be conducted within 5 days of the child's removal from the home. (3) The interviewer shall comply with the provisions of the Abused and Neglected Child Reporting Act if the child discloses abuse or neglect as defined by that Act. (4) The interviewer shall immediately inform the licensing agency if the child discloses any information that would constitute a potential licensing violation. (5) Documentation of the interview shall be (i) maintained in the foster parent's licensing file, (ii) maintained in the child's case file, (iii) included in the service plan for the child, and (iv) and provided to the child's guardian ad litem and attorney appointed under Section 2-17 of the Juvenile Court Act of 1987. (6) The determination that an interview in compliance with this Section is clinically contraindicated shall be made by the caseworker, in consultation with the child's mental health provider, if any, and the caseworker's supervisor. If the child does not have a mental health provider, the caseworker shall request a consultation with the Department's Division of Clinical Practice regarding whether an interview is clinically contraindicated. The decision and the basis for the decision shall be documented in writing and shall be (i) maintained in the foster parent's licensing file, (ii) maintained in the child's case file, and (iii) attached as part of the service plan for the child. (7) The information gathered during the interview shall be dependent on the age and maturity of the child and the circumstances of the child's removal. The interviewer's observations and any information relevant to understanding the child's responses shall be recorded on the interview form. At a minimum, the interview shall address the following areas: (A) How the child's basic needs were met in the home: who prepared food and was there sufficient food; whether the child had appropriate clothing; sleeping arrangements; supervision appropriate to the child's age and special needs; was the child enrolled in school; and did the child receive the support needed to complete the child's his or her school work. (B) Access to caseworker, therapist, or guardian ad litem: whether the child was able to contact these professionals and how. (C) Safety and comfort in the home: how did the child feel in the home; was the foster parent affirming of the child's identity; did anything happen that made the child happy; did anything happen that was scary or sad; what happened when the child did something the child he or she should not have done; if relevant, how does the child think the foster parent felt about the child's family of origin, including parents and siblings; and was the foster parent supportive of the permanency goal. (D) Normalcy: whether the child felt included in the family; whether the child participated in extracurricular activities; whether the foster parent participated in planning for the child, including child and family team meetings and school meetings. (b) The Department shall develop procedures, including an interview form, no later than January 1, 2023, to implement this Section. (c) Beginning July 1, 2023 and quarterly thereafter, the Department shall post on its webpage a report summarizing the details of the exit interviews. (Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.) (20 ILCS 505/7) (from Ch. 23, par. 5007) Sec. 7. Placement of children; considerations. (a) In placing any child under this Act, the Department shall place the child, as far as possible, in the care and custody of some individual holding the same religious belief as the parents of the child, or with some child care facility which is operated by persons of like religious faith as the parents of such child. (a-5) In placing a child under this Act, the Department shall place the child with the child's sibling or siblings under Section 7.4 of this Act unless the placement is not in each child's best interest, or is otherwise not possible under the Department's rules. If the child is not placed with a sibling under the Department's rules, the Department shall consider placements that are likely to develop, preserve, nurture, and support sibling relationships, where doing so is in each child's best interest. (b) In placing a child under this Act, the Department may place a child with a relative if the Department determines that the relative will be able to adequately provide for the child's safety and welfare based on the factors set forth in the Department's rules governing relative placements, and that the placement is consistent with the child's best interests, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. When the Department first assumes custody of a child, in placing that child under this Act, the Department shall make reasonable efforts to identify, locate, and provide notice to all adult grandparents and other adult relatives of the child who are ready, willing, and able to care for the child. At a minimum, these efforts shall be renewed each time the child requires a placement change and it is appropriate for the child to be cared for in a home environment. The Department must document its efforts to identify, locate, and provide notice to such potential relative placements and maintain the documentation in the child's case file. If the Department determines that a placement with any identified relative is not in the child's best interests or that the relative does not meet the requirements to be a relative caregiver, as set forth in Department rules or by statute, the Department must document the basis for that decision and maintain the documentation in the child's case file. If, pursuant to the Department's rules, any person files an administrative appeal of the Department's decision not to place a child with a relative, it is the Department's burden to prove that the decision is consistent with the child's best interests. When the Department determines that the child requires placement in an environment, other than a home environment, the Department shall continue to make reasonable efforts to identify and locate relatives to serve as visitation resources for the child and potential future placement resources, except when the Department determines that those efforts would be futile or inconsistent with the child's best interests. If the Department determines that efforts to identify and locate relatives would be futile or inconsistent with the child's best interests, the Department shall document the basis of its determination and maintain the documentation in the child's case file. If the Department determines that an individual or a group of relatives are inappropriate to serve as visitation resources or possible placement resources, the Department shall document the basis of its determination and maintain the documentation in the child's case file. When the Department determines that an individual or a group of relatives are appropriate to serve as visitation resources or possible future placement resources, the Department shall document the basis of its determination, maintain the documentation in the child's case file, create a visitation or transition plan, or both, and incorporate the visitation or transition plan, or both, into the child's case plan. For the purpose of this subsection, any determination as to the child's best interests shall include consideration of the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. The Department may not place a child with a relative, with the exception of certain circumstances which may be waived as defined by the Department in rules, if the results of a check of the Law Enforcement Agencies Data System (LEADS) identifies a prior criminal conviction of the relative or any adult member of the relative's household for any of the following offenses under the Criminal Code of 1961 or the Criminal Code of 2012: (1) murder; (1.1) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45; (3) kidnapping; (3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child; (9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05; (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; (13) tampering with food, drugs, or cosmetics; (14) drug-induced infliction of great bodily harm as described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05; (15) aggravated stalking; (16) home invasion; (17) vehicular invasion; (18) criminal transmission of HIV; (19) criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (b) of Section 12-4.4a; (20) child abandonment; (21) endangering the life or health of a child; (22) ritual mutilation; (23) ritualized abuse of a child; (24) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses. For the purpose of this subsection, "relative" shall include any person, 21 years of age or over, other than the parent, who (i) is currently related to the child in any of the following ways by blood or adoption: grandparent, sibling, great-grandparent, parent's sibling, sibling's child uncle, aunt, nephew, niece, first cousin, second cousin, godparent, or grandparent's sibling great-uncle, or great-aunt; or (ii) is the spouse of such a relative; or (iii) is the child's step-parent step-father, step-mother, or adult step-sibling step-brother or step-sister; or (iv) is a fictive kin; "relative" also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and the child's its sibling are placed together with that person. For children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who would have qualified as a relative under this paragraph prior to the adoption, but only if the Department determines, and documents, that it would be in the child's best interests to consider this person a relative, based upon the factors for determining best interests set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. A relative with whom a child is placed pursuant to this subsection may, but is not required to, apply for licensure as a foster family home pursuant to the Child Care Act of 1969; provided, however, that as of July 1, 1995, foster care payments shall be made only to licensed foster family homes pursuant to the terms of Section 5 of this Act. Notwithstanding any other provision under this subsection to the contrary, a fictive kin with whom a child is placed pursuant to this subsection shall apply for licensure as a foster family home pursuant to the Child Care Act of 1969 within 6 months of the child's placement with the fictive kin. The Department shall not remove a child from the home of a fictive kin on the basis that the fictive kin fails to apply for licensure within 6 months of the child's placement with the fictive kin, or fails to meet the standard for licensure. All other requirements established under the rules and procedures of the Department concerning the placement of a child, for whom the Department is legally responsible, with a relative shall apply. By June 1, 2015, the Department shall promulgate rules establishing criteria and standards for placement, identification, and licensure of fictive kin. For purposes of this subsection, "fictive kin" means any individual, unrelated by birth or marriage, who: (i) is shown to have significant and close personal or emotional ties with the child or the child's family prior to the child's placement with the individual; or (ii) is the current foster parent of a child in the custody or guardianship of the Department pursuant to this Act and the Juvenile Court Act of 1987, if the child has been placed in the home for at least one year and has established a significant and family-like relationship with the foster parent, and the foster parent has been identified by the Department as the child's permanent connection, as defined by Department rule. The provisions added to this subsection (b) by Public Act 98-846 shall become operative on and after June 1, 2015. (c) In placing a child under this Act, the Department shall ensure that the child's health, safety, and best interests are met. In rejecting placement of a child with an identified relative, the Department shall ensure that the child's health, safety, and best interests are met. In evaluating the best interests of the child, the Department shall take into consideration the factors set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987. The Department shall consider the individual needs of the child and the capacity of the prospective foster or adoptive parents to meet the needs of the child. When a child must be placed outside the child's his or her home and cannot be immediately returned to the child's his or her parents or guardian, a comprehensive, individualized assessment shall be performed of that child at which time the needs of the child shall be determined. Only if race, color, or national origin is identified as a legitimate factor in advancing the child's best interests shall it be considered. Race, color, or national origin shall not be routinely considered in making a placement decision. The Department shall make special efforts for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity of the children for whom foster and adoptive homes are needed. "Special efforts" shall include contacting and working with community organizations and religious organizations and may include contracting with those organizations, utilizing local media and other local resources, and conducting outreach activities. (c-1) At the time of placement, the Department shall consider concurrent planning, as described in subsection (l-1) of Section 5, so that permanency may occur at the earliest opportunity. Consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child. To the extent that doing so is in the child's best interests as set forth in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987, the Department should consider placements that will permit the child to maintain a meaningful relationship with the child's his or her parents. (d) The Department may accept gifts, grants, offers of services, and other contributions to use in making special recruitment efforts. (e) The Department in placing children in adoptive or foster care homes may not, in any policy or practice relating to the placement of children for adoption or foster care, discriminate against any child or prospective adoptive or foster parent on the basis of race. (Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16; 99-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff. 8-11-17.) (20 ILCS 505/7.3) Sec. 7.3. Placement plan. The Department shall develop and implement a written plan for placing children. The plan shall include at least the following features: (1) A plan for recruiting minority adoptive and foster families. The plan shall include strategies for using existing resources in minority communities, use of minority outreach staff whenever possible, use of minority foster homes for placements after birth and before adoption, and other techniques as appropriate. (2) A plan for training adoptive and foster families of minority children. (3) A plan for employing social workers in adoption and foster care. The plan shall include staffing goals and objectives. (4) A plan for ensuring that adoption and foster care workers attend training offered or approved by the Department regarding the State's goal of encouraging cultural diversity and the needs of special needs children. (5) A plan that includes policies and procedures for determining for each child requiring placement outside of the child's his or her home, and who cannot be immediately returned to the child's his or her parents or guardian, the placement needs of that child. In the rare instance when an individualized assessment identifies, documents, and substantiates that race, color, or national origin is a factor that needs to be considered in advancing a particular child's best interests, it shall be considered in making a placement. (Source: P.A. 92-334, eff. 8-10-01.) (20 ILCS 505/7.3a) Sec. 7.3a. Normalcy parenting for children in foster care; participation in childhood activities. (a) Legislative findings. (1) Every day parents make important decisions about their child's participation in extracurricular activities. Caregivers for children in out-of-home care are faced with making the same decisions. (2) When a caregiver makes decisions, the caregiver he or she must consider applicable laws, rules, and regulations to safeguard the health, safety, and best interests of a child in out-of-home care. (3) Participation in extracurricular activities is important to a child's well-being, not only emotionally, but also in developing valuable life skills. (4) The General Assembly recognizes the importance of making every effort to normalize the lives of children in out-of-home care and to empower a caregiver to approve or not approve a child's participation in appropriate extracurricular activities based on the caregiver's own assessment using the reasonable and prudent parent standard, without prior approval of the Department, the caseworker, or the court. (5) Nothing in this Section shall be presumed to discourage or diminish the engagement of families and guardians in the child's life activities. (b) Definitions. As used in this Section: "Appropriate activities" means activities or items that are generally accepted as suitable for children of the same chronological age or developmental level of maturity. Appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group, taking into account the individual child's cognitive, emotional, physical, and behavioral development. "Caregiver" means a person with whom the child is placed in out-of-home care or a designated official for child care facilities licensed by the Department as defined in the Child Care Act of 1969. "Reasonable and prudent parent standard" means the standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interests while at the same time supporting the child's emotional and developmental growth that a caregiver shall use when determining whether to allow a child in out-of-home care to participate in extracurricular, enrichment, cultural, and social activities. (c) Requirements for decision-making. (1) Each child who comes into the care and custody of the Department is fully entitled to participate in appropriate extracurricular, enrichment, cultural, and social activities in a manner that allows that child to participate in the child's his or her community to the fullest extent possible. (2) Caregivers must use the reasonable and prudent parent standard in determining whether to give permission for a child in out-of-home care to participate in appropriate extracurricular, enrichment, cultural, and social activities. Caregivers are expected to promote and support a child's participation in such activities. When using the reasonable and prudent parent standard, the caregiver shall consider: (A) the child's age, maturity, and developmental level to promote the overall health, safety, and best interests of the child; (B) the best interest of the child based on information known by the caregiver; (C) the importance and fundamental value of encouraging the child's emotional and developmental growth gained through participation in activities in the child's his or her community; (D) the importance and fundamental value of providing the child with the most family-like living experience possible; and (E) the behavioral history of the child and the child's ability to safely participate in the proposed activity. (3) A caregiver is not liable for harm caused to a child in out-of-home care who participates in an activity approved by the caregiver, provided that the caregiver has acted as a reasonable and prudent parent in permitting the child to engage in the activity. (c-5) No youth in care shall be required to store the youth's his or her belongings in plastic bags or in similar forms of disposable containers, including, but not limited to, trash bags, paper or plastic shopping bags, or pillow cases when relocating from one placement type to another placement type or when discharged from the custody or guardianship of the Department. The Department shall ensure that each youth in care has appropriate baggage and other items to store the youth's his or her belongings when moving through the State's child welfare system. As used in this subsection, "purchase of service agency" means any entity that contracts with the Department to provide services that are consistent with the purposes of this Act. (d) Rulemaking. The Department shall adopt, by rule, procedures no later than June 1, 2017 that promote and protect the ability of children to participate in appropriate extracurricular, enrichment, cultural, and social activities. (e) The Department shall ensure that every youth in care who is entering the youth's his or her final year of high school has completed a Free Application for Federal Student Aid form, if applicable, or an application for State financial aid on or after October 1, but no later than November 1, of the youth's final year of high school. (Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22; 102-813, eff. 5-13-22.) (20 ILCS 505/7.4) Sec. 7.4. Development and preservation of sibling relationships for children in care; placement of siblings; contact among siblings placed apart. (a) Purpose and policy. The General Assembly recognizes that sibling relationships are unique and essential for a person, but even more so for children who are removed from the care of their families and placed in the State child welfare system. When family separation occurs through State intervention, every effort must be made to preserve, support and nurture sibling relationships when doing so is in the best interest of each sibling. It is in the interests of foster children who are part of a sibling group to enjoy contact with one another, as long as the contact is in each child's best interest. This is true both while the siblings are in State care and after one or all of the siblings leave State care through adoption, guardianship, or aging out. (b) Definitions. For purposes of this Section: (1) Whenever a best interest determination is required by this Section, the Department shall consider the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 and the Department's rules regarding Sibling Placement, 89 Ill. Adm. 111. Admin. Code 301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin. Code 301.220, and the Department's rules regarding Placement Selection Criteria, 89 Ill. Adm. 111. Admin. Code 301.60. (2) "Adopted child" means a child who, immediately preceding the adoption, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act of 1987. (3) "Adoptive parent" means a person who has become a parent through the legal process of adoption. (4) "Child" means a person in the temporary custody or guardianship of the Department who is under the age of 21. (5) "Child placed in private guardianship" means a child who, immediately preceding the guardianship, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act. (6) "Contact" may include, but is not limited to visits, telephone calls, letters, sharing of photographs or information, e-mails, video conferencing, and other form of communication or contact. (7) "Legal guardian" means a person who has become the legal guardian of a child who, immediately prior to the guardianship, was in the custody or guardianship of the Illinois Department of Children and Family Services under Article II of the Juvenile Court Act of 1987. (8) "Parent" means the child's mother or father who is named as the respondent in proceedings conducted under Article II of the Juvenile Court Act of 1987. (9) "Post Permanency Sibling Contact" means contact between siblings following the entry of a Judgment Order for Adoption under Section 14 of the Adoption Act regarding at least one sibling or an Order for Guardianship appointing a private guardian under Section 2-27 or the Juvenile Court Act of 1987, regarding at least one sibling. Post Permanency Sibling Contact may include, but is not limited to, visits, telephone calls, letters, sharing of photographs or information, emails, video conferencing, and other forms form of communication or connection agreed to by the parties to a Post Permanency Sibling Contact Agreement. (10) "Post Permanency Sibling Contact Agreement" means a written agreement between the adoptive parent or parents, the child, and the child's sibling regarding post permanency contact between the adopted child and the child's sibling, or a written agreement between the legal guardians, the child, and the child's sibling regarding post permanency contact between the child placed in guardianship and the child's sibling. The Post Permanency Sibling Contact Agreement may specify the nature and frequency of contact between the adopted child or child placed in guardianship and the child's sibling following the entry of the Judgment Order for Adoption or Order for Private Guardianship. The Post Permanency Sibling Contact Agreement may be supported by services as specified in this Section. The Post Permanency Sibling Contact Agreement is voluntary on the part of the parties to the Post Permanency Sibling Contact Agreement and is not a requirement for finalization of the child's adoption or guardianship. The Post Permanency Sibling Contract Agreement shall not be enforceable in any court of law or administrative forum and no cause of action shall be brought to enforce the Agreement. When entered into, the Post Permanency Sibling Contact Agreement shall be placed in the child's Post Adoption or Guardianship case record and in the case file of a sibling who is a party to the agreement and who remains in the Department's custody or guardianship. (11) "Sibling Contact Support Plan" means a written document that sets forth the plan for future contact between siblings who are in the Department's care and custody and residing separately. The goal of the Support Plan is to develop or preserve and nurture the siblings' relationships. The Support Plan shall set forth the role of the foster parents, caregivers, and others in implementing the Support Plan. The Support Plan must meet the minimum standards regarding frequency of in-person visits provided for in Department rule. (12) "Siblings" means children who share at least one parent in common. This definition of siblings applies solely for purposes of placement and contact under this Section. For purposes of this Section, children who share at least one parent in common continue to be siblings after their parent's parental rights are terminated, if parental rights were terminated while a petition under Article II of the Juvenile Court Act of 1987 was pending. For purposes of this Section, children who share at least one parent in common continue to be siblings after a sibling is adopted or placed in private guardianship when the adopted child or child placed in private guardianship was in the Department's custody or guardianship under Article II of the Juvenile Court Act of 1987 immediately prior to the adoption or private guardianship. For children who have been in the guardianship of the Department under Article II of the Juvenile Court Act of 1987, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department under Article II of the Juvenile Court Act of 1987, "siblings" includes a person who would have been considered a sibling prior to the adoption and siblings through adoption. (c) No later than January 1, 2013, the Department shall promulgate rules addressing the development and preservation of sibling relationships. The rules shall address, at a minimum: (1) Recruitment, licensing, and support of foster parents willing and capable of either fostering sibling groups or supporting and being actively involved in planning and executing sibling contact for siblings placed apart. The rules shall address training for foster parents, licensing workers, placement workers, and others as deemed necessary. (2) Placement selection for children who are separated from their siblings and how to best promote placements of children with foster parents or programs that can meet the children's needs, including the need to develop and maintain contact with siblings. (3) State-supported guidance to siblings who have aged out of state care regarding positive engagement with siblings. (4) Implementation of Post Permanency Sibling Contact Agreements for children exiting State care, including services offered by the Department to encourage and assist parties in developing agreements, services offered by the Department post permanency to support parties in implementing and maintaining agreements, and including services offered by the Department post permanency to assist parties in amending agreements as necessary to meet the needs of the children. (5) Services offered by the Department for children who exited foster care prior to the availability of Post Permanency Sibling Contact Agreements, to invite willing parties to participate in a facilitated discussion, including, but not limited to, a mediation or joint team decision-making meeting, to explore sibling contact. (d) The Department shall develop a form to be provided to youth entering care and exiting care explaining their rights and responsibilities related to sibling visitation while in care and post permanency. (e) Whenever a child enters care or requires a new placement, the Department shall consider the development and preservation of sibling relationships. (1) This subsection applies when a child entering care or requiring a change of placement has siblings who are in the custody or guardianship of the Department. When a child enters care or requires a new placement, the Department shall examine its files and other available resources and determine whether a sibling of that child is in the custody or guardianship of the Department. If the Department determines that a sibling is in its custody or guardianship, the Department shall then determine whether it is in the best interests of each of the siblings for the child needing placement to be placed with the sibling. If the Department determines that it is in the best interest of each sibling to be placed together, and the sibling's foster parent is able and willing to care for the child needing placement, the Department shall place the child needing placement with the sibling. A determination that it is not in a child's best interest to be placed with a sibling shall be made in accordance with Department rules, and documented in the file of each sibling. (2) This subsection applies when a child who is entering care has siblings who have been adopted or placed in private guardianship. When a child enters care, the Department shall examine its files and other available resources, including consulting with the child's parents, to determine whether a sibling of the child was adopted or placed in private guardianship from State care. The Department shall determine, in consultation with the child's parents, whether it would be in the child's best interests to explore placement with the adopted sibling or sibling in guardianship. Unless the parent objects, if the Department determines it is in the child's best interest to explore the placement, the Department shall contact the adoptive parents or guardians of the sibling, determine whether they are willing to be considered as placement resources for the child, and, if so, determine whether it is in the best interests of the child to be placed in the home with the sibling. If the Department determines that it is in the child's best interests to be placed in the home with the sibling, and the sibling's adoptive parents or guardians are willing and capable, the Department shall make the placement. A determination that it is not in a child's best interest to be placed with a sibling shall be made in accordance with Department rule, and documented in the child's file. (3) This subsection applies when a child in Department custody or guardianship requires a change of placement, and the child has siblings who have been adopted or placed in private guardianship. When a child in care requires a new placement, the Department may consider placing the child with the adoptive parent or guardian of a sibling under the same procedures and standards set forth in paragraph (2) of this subsection. (4) When the Department determines it is not in the best interest of one or more siblings to be placed together the Department shall ensure that the child requiring placement is placed in a home or program where the caregiver is willing and able to be actively involved in supporting the sibling relationship to the extent doing so is in the child's best interest. (f) When siblings in care are placed in separate placements, the Department shall develop a Sibling Contact Support Plan. The Department shall convene a meeting to develop the Support Plan. The meeting shall include, at a minimum, the case managers for the siblings, the foster parents or other care providers if a child is in a non-foster home placement and the child, when developmentally and clinically appropriate. The Department shall make all reasonable efforts to promote the participation of the foster parents. Parents whose parental rights are intact shall be invited to the meeting. Others, such as therapists and mentors, shall be invited as appropriate. The Support Plan shall set forth future contact and visits between the siblings to develop or preserve, and nurture the siblings' relationships. The Support Plan shall set forth the role of the foster parents and caregivers and others in implementing the Support Plan. The Support Plan must meet the minimum standards regarding frequency of in-person visits provided for in Department rule. The Support Plan will be incorporated in the child's service plan and reviewed at each administrative case review. The Support Plan should be modified if one of the children moves to a new placement, or as necessary to meet the needs of the children. The Sibling Contact Support Plan for a child in care may include siblings who are not in the care of the Department, with the consent and participation of that child's parent or guardian. (g) By January 1, 2013, the Department shall develop a registry so that placement information regarding adopted siblings and siblings in private guardianship is readily available to Department and private agency caseworkers responsible for placing children in the Department's care. When a child is adopted or placed in private guardianship from foster care the Department shall inform the adoptive parents or guardians that they may be contacted in the future regarding placement of or contact with siblings subsequently requiring placement. (h) When a child is in need of an adoptive placement, the Department shall examine its files and other available resources and attempt to determine whether a sibling of the child has been adopted or placed in private guardianship after being in the Department's custody or guardianship. If the Department determines that a sibling of the child has been adopted or placed in private guardianship, the Department shall make a good faith effort to locate the adoptive parents or guardians of the sibling and inform them of the availability of the child for adoption. The Department may determine not to inform the adoptive parents or guardians of a sibling of a child that the child is available for adoption only for a reason permitted under criteria adopted by the Department by rule, and documented in the child's case file. If a child available for adoption has a sibling who has been adopted or placed in guardianship, and the adoptive parents or guardians of that sibling apply to adopt the child, the Department shall consider them as adoptive applicants for the adoption of the child. The Department's final decision as to whether it will consent to the adoptive parents or guardians of a sibling being the adoptive parents of the child shall be based upon the welfare and best interest of the child. In arriving at its decision, the Department shall consider all relevant factors, including, but not limited to: (1) the wishes of the child; (2) the interaction and interrelationship of the child with the applicant to adopt the child; (3) the child's need for stability and continuity of relationship with parent figures; (4) the child's adjustment to the child's his or her present home, school, and community; (5) the mental and physical health of all individuals involved; (6) the family ties between the child and the child's relatives, including siblings; (7) the background, age, and living arrangements of the applicant to adopt the child; (8) a criminal background report of the applicant to adopt the child. If placement of the child available for adoption with the adopted sibling or sibling in private guardianship is not feasible, but it is in the child's best interest to develop a relationship with the child's his or her sibling, the Department shall invite the adoptive parents, guardian, or guardians for a mediation or joint team decision-making meeting to facilitate a discussion regarding future sibling contact. (i) Post Permanency Sibling Contact Agreement. When a child in the Department's care has a permanency goal of adoption or private guardianship, and the Department is preparing to finalize the adoption or guardianship, the Department shall convene a meeting with the pre-adoptive parent or prospective guardian and the case manager for the child being adopted or placed in guardianship and the foster parents and case managers for the child's siblings, and others as applicable. The children should participate as is developmentally appropriate. Others, such as therapists and mentors, may participate as appropriate. At the meeting the Department shall encourage the parties to discuss sibling contact post permanency. The Department may assist the parties in drafting a Post Permanency Sibling Contact Agreement. (1) Parties to the Post Permanency Sibling Contact Agreement shall include: (A) The adoptive parent or parents or guardian. (B) The child's sibling or siblings, parents or guardians. (C) The child. (2) Consent of child 14 and over. The written consent of a child age 14 and over to the terms and conditions of the Post Permanency Sibling Contact Agreement and subsequent modifications is required. (3) In developing this Agreement, the Department shall encourage the parties to consider the following factors: (A) the physical and emotional safety and welfare of the child; (B) the child's wishes; (C) the interaction and interrelationship of the child with the child's sibling or siblings who would be visiting or communicating with the child, including: (i) the quality of the relationship between the child and the sibling or siblings, and (ii) the benefits and potential harms to the child in allowing the relationship or relationships to continue or in ending them; (D) the child's sense of attachments to the birth sibling or siblings and adoptive family, including: (i) the child's sense of being valued; (ii) the child's sense of familiarity; and (iii) continuity of affection for the child; and (E) other factors relevant to the best interest of the child. (4) In considering the factors in paragraph (3) of this subsection, the Department shall encourage the parties to recognize the importance to a child of developing a relationship with siblings including siblings with whom the child does not yet have a relationship; and the value of preserving family ties between the child and the child's siblings, including: (A) the child's need for stability and continuity of relationships with siblings, and (B) the importance of sibling contact in the development of the child's identity. (5) Modification or termination of Post Permanency Sibling Contact Agreement. The parties to the agreement may modify or terminate the Post Permanency Sibling Contact Agreement. If the parties cannot agree to modification or termination, they may request the assistance of the Department of Children and Family Services or another agency identified and agreed upon by the parties to the Post Permanency Sibling Contact Agreement. Any and all terms may be modified by agreement of the parties. Post Permanency Sibling Contact Agreements may also be modified to include contact with siblings whose whereabouts were unknown or who had not yet been born when the Judgment Order for Adoption or Order for Private Guardianship was entered. (6) Adoptions and private guardianships finalized prior to the effective date of amendatory Act. Nothing in this Section prohibits the parties from entering into a Post Permanency Sibling Contact Agreement if the adoption or private guardianship was finalized prior to the effective date of this Section. If the Agreement is completed and signed by the parties, the Department shall include the Post Permanency Sibling Contact Agreement in the child's Post Adoption or Private Guardianship case record and in the case file of siblings who are parties to the agreement who are in the Department's custody or guardianship. (Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13; revised 2-28-22.) (20 ILCS 505/7.5) (Text of Section before amendment by P.A. 102-825) Sec. 7.5. Notice of post-adoption reunion services. (a) For purposes of this Section, "post-adoption reunion services" means services provided by the Department to facilitate contact between adoptees and their siblings when one or more is still in the Department's care or adopted elsewhere, with the notarized consent of the adoptive parents of a minor child, when such contact has been established to be necessary to the adoptee's best interests and when all involved parties, including the adoptive parent of a child under 21 years of age, have provided written consent for such contact. (b) The Department shall provide to all adoptive parents of children receiving monthly adoption assistance under subsection (j) of Section 5 of this Act a notice that includes a description of the Department's post-adoption reunion services and an explanation of how to access those services. The notice to adoptive parents shall be provided at least once per year until such time as the adoption assistance payments cease. The Department shall also provide to all youth in care, within 30 days after their 18th birthday, the notice described in this Section. (c) The Department shall adopt a rule regarding the provision of search and reunion services to youth in care and former youth in care. (Source: P.A. 100-159, eff. 8-18-17.) (Text of Section after amendment by P.A. 102-825) Sec. 7.5. Search and reunion services for youth in care and former youth in care. (a) For purposes of this Section, "search and reunion services" means: (1) services provided by the Department to facilitate contact between adoptees and their siblings when one or more is still in the Department's care or adopted elsewhere, with the notarized consent of the adoptive parents of a minor child, when such contact has been established to be necessary to the adoptee's best interests and when all involved parties, including the adoptive parent of a former youth in care under 18 years of age, have provided written consent for such contact; (2) services provided by the Department to facilitate contact between current or former youth in care, over the age of 18, including, but not limited to, youth who were adopted, to facilitate contact with siblings, birth biological relatives, former foster parents, or former foster siblings. (b) The Department shall provide to all adoptive parents of children receiving monthly adoption assistance under subsection (j) of Section 5 of this Act a notice that includes a description of the Department's post-adoption reunion services and an explanation of how to access those services. The notice to adoptive parents shall be provided at least once per year until such time as the adoption assistance payments cease. (b-5) The Department shall provide a notice that includes a description of the Department's search and reunion services and an explanation of how to access those services to each person who is a youth in care within 30 days after the youth's 18th birthday and within 30 days prior to closure of the youth's case pending under Article II of the Juvenile Court Act of 1987 if the case is closing after the youth's 18th birthday. The Department shall work with organizations, such as the Foster Care Alumni of America Illinois Chapter, that have contact with foster care alumni, to distribute information about the Department's search and reunion services. (c) The Department shall adopt a rule regarding the provision of search and reunion services to youth in care and former youth in care. (Source: P.A. 102-825, eff. 7-1-23.) (20 ILCS 505/7.8) Sec. 7.8. Home safety checklist; aftercare services; immunization checks. (a) As used in this Section, "purchase of service agency" means any entity that contracts with the Department to provide services that are consistent with the purposes of this Act. (b) Whenever a child is placed in the custody or guardianship of the Department or a child is returned to the custody of a parent or guardian and the court retains jurisdiction of the case, the Department must ensure that the child is up to date on the child's his or her well-child visits, including age-appropriate immunizations, or that there is a documented religious or medical reason the child did not receive the immunizations. (c) Whenever a child has been placed in foster or substitute care by court order and the court later determines that the child can return to the custody of the child's his or her parent or guardian, the Department must complete, prior to the child's discharge from foster or substitute care, a home safety checklist to ensure that the conditions of the child's home are sufficient to ensure the child's safety and well-being, as defined in Department rules and procedures. At a minimum, the home safety checklist shall be completed within 24 hours prior to the child's return home and completed again or recertified in the absence of any environmental barriers or hazards within 5 working days after a child is returned home and every month thereafter until the child's case is closed pursuant to the Juvenile Court Act of 1987. The home safety checklist shall include a certification that there are no environmental barriers or hazards to prevent returning the child home. (d) When a court determines that a child should return to the custody or guardianship of a parent or guardian, any aftercare services provided to the child and the child's family by the Department or a purchase of service agency shall commence on the date upon which the child is returned to the custody or guardianship of the child's his or her parent or guardian. If children are returned to the custody of a parent at different times, the Department or purchase of service agency shall provide a minimum of 6 months of aftercare services to each child commencing on the date each individual child is returned home. (e) One year after the effective date of this amendatory Act of the 101st General Assembly, the Auditor General shall commence a performance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements of this Section. Within 2 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit. Upon completion of each audit, the Auditor General shall report its findings to the General Assembly. The Auditor General's reports shall include any issues or deficiencies and recommendations. The audits required by this Section shall be in accordance with and subject to the Illinois State Auditing Act. (Source: P.A. 101-237, eff. 1-1-20.) (20 ILCS 505/8) (from Ch. 23, par. 5008) Sec. 8. Scholarships and fee waivers; tuition waiver. (a) Each year the Department shall select a minimum of 53 students (at least 4 of whom shall be children of veterans) to receive scholarships and fee waivers which will enable them to attend and complete their post-secondary education at a community college, university, or college. Youth shall be selected from among the youth for whom the Department has court-ordered legal responsibility, youth who aged out of care at age 18 or older, or youth formerly under care who have been adopted or who have been placed in private guardianship. Recipients must have earned a high school diploma from an accredited institution or a State of Illinois High School Diploma or diploma or have met the State criteria for high school graduation before the start of the school year for which they are applying for the scholarship and waiver. Scholarships and fee waivers shall be available to students for at least 5 years, provided they are continuing to work toward graduation. Unused scholarship dollars and fee waivers shall be reallocated to new recipients. No later than January 1, 2015, the Department shall promulgate rules identifying the criteria for "continuing to work toward graduation" and for reallocating unused scholarships and fee waivers. Selection shall be made on the basis of several factors, including, but not limited to, scholastic record, aptitude, and general interest in higher education. The selection committee shall include at least 2 individuals formerly under the care of the Department who have completed their post-secondary education. In accordance with this Act, tuition scholarships and fee waivers shall be available to such students at any university or college maintained by the State of Illinois. The Department shall provide maintenance and school expenses, except tuition and fees, during the academic years to supplement the students' earnings or other resources so long as they consistently maintain scholastic records which are acceptable to their schools and to the Department. Students may attend other colleges and universities, if scholarships are awarded to them, and receive the same benefits for maintenance and other expenses as those students attending any Illinois State community college, university, or college under this Section. Beginning with recipients receiving scholarships and waivers in August 2014, the Department shall collect data and report annually to the General Assembly on measures of success, including (i) the number of youth applying for and receiving scholarships or waivers, (ii) the percentage of scholarship or waiver recipients who complete their college or university degree within 5 years, (iii) the average length of time it takes for scholarship or waiver recipients to complete their college or university degree, (iv) the reasons that scholarship or waiver recipients are discharged or fail to complete their college or university degree, (v) when available, youths' outcomes 5 years and 10 years after being awarded the scholarships or waivers, and (vi) budget allocations for maintenance and school expenses incurred by the Department. (b) Youth shall receive a tuition and fee waiver to assist them in attending and completing their post-secondary education at any community college, university, or college maintained by the State of Illinois if they are youth for whom the Department has court-ordered legal responsibility, youth who aged out of care at age 18 or older, or youth formerly under care who have been adopted and were the subject of an adoption assistance agreement or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement. To receive a waiver under this subsection, an applicant must: (1) have earned a high school diploma from an accredited institution or a State of Illinois High School Diploma or have met the State criteria for high school graduation before the start of the school year for which the applicant is applying for the waiver; (2) enroll in a qualifying post-secondary education before the applicant reaches the age of 26; and (3) apply for federal and State grant assistance by completing the Free Application for Federal Student Aid. The community college or public university that an applicant attends must waive any tuition and fee amounts that exceed the amounts paid to the applicant under the federal Pell Grant Program or the State's Monetary Award Program. Tuition and fee waivers shall be available to a student for at least the first 5 years the student is enrolled in a community college, university, or college maintained by the State of Illinois so long as the student makes satisfactory progress toward completing the student's his or her degree. The age requirement and 5-year cap on tuition and fee waivers under this subsection shall be waived and eligibility for tuition and fee waivers shall be extended for any applicant or student who the Department determines was unable to enroll in a qualifying post-secondary school or complete an academic term because the applicant or student: (i) was called into active duty with the United States Armed Forces; (ii) was deployed for service in the United States Public Health Service Commissioned Corps; or (iii) volunteered in the Peace Corps or the AmeriCorps. The Department shall extend eligibility for a qualifying applicant or student by the total number of months or years during which the applicant or student served on active duty with the United States Armed Forces, was deployed for service in the United States Public Health Service Commissioned Corps, or volunteered in the Peace Corps or the AmeriCorps. The number of months an applicant or student served on active duty with the United States Armed Forces shall be rounded up to the next higher year to determine the maximum length of time to extend eligibility for the applicant or student. The Department may provide the student with a stipend to cover maintenance and school expenses, except tuition and fees, during the academic years to supplement the student's earnings or other resources so long as the student consistently maintains scholastic records which are acceptable to the student's school and to the Department. The Department shall develop outreach programs to ensure that youths who qualify for the tuition and fee waivers under this subsection who are high school students in grades 9 through 12 or who are enrolled in a high school equivalency testing program are aware of the availability of the tuition and fee waivers. (c) Subject to appropriation, the Department shall provide eligible youth an apprenticeship stipend to cover those costs associated with entering and sustaining through completion an apprenticeship, including, but not limited to fees, tuition for classes, work clothes, rain gear, boots, and occupation-specific tools. The following youth may be eligible for the apprenticeship stipend provided under this subsection: youth for whom the Department has court-ordered legal responsibility; youth who aged out of care at age 18 or older; or youth formerly under care who have been adopted and were the subject of an adoption assistance agreement or who have been placed in private guardianship and were the subject of a subsidized guardianship agreement. To receive a stipend under this subsection, an applicant must: (1) be enrolled in an apprenticeship training program approved or recognized by the Illinois Department of Employment Security or an apprenticeship program approved by the United States Department of Labor; (2) not be a recipient of a scholarship or fee waiver under subsection (a) or (b); and (3) be under the age of 26 before enrolling in a qualified apprenticeship program. Apprenticeship stipends shall be available to an eligible youth for a maximum of 5 years after the youth enrolls in a qualifying apprenticeship program so long as the youth makes satisfactory progress toward completing the youth's his or her apprenticeship. The age requirement and 5-year cap on the apprenticeship stipend provided under this subsection shall be extended for any applicant who the Department determines was unable to enroll in a qualifying apprenticeship program because the applicant: (i) was called into active duty with the United States Armed Forces; (ii) was deployed for service in the United States Public Health Service Commissioned Corps; or (iii) volunteered in the Peace Corps or the AmeriCorps. The Department shall extend eligibility for a qualifying applicant by the total number of months or years during which the applicant served on active duty with the United States Armed Forces, was deployed for service in the United States Public Health Service Commissioned Corps, or volunteered in the Peace Corps or the AmeriCorps. The number of months an applicant served on active duty with the United States Armed Forces shall be rounded up to the next higher year to determine the maximum length of time to extend eligibility for the applicant. The Department shall develop outreach programs to ensure that youths who qualify for the apprenticeship stipends under this subsection who are high school students in grades 9 through 12 or who are enrolled in a high school equivalency testing program are aware of the availability of the apprenticeship stipend. (Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23; revised 12-8-22.) (20 ILCS 505/8a) (from Ch. 23, par. 5008a) Sec. 8a. No otherwise qualified child with a disability receiving special education and related services under Article 14 of The School Code shall solely by reason of the child's his or her disability be excluded from the participation in or be denied the benefits of or be subjected to discrimination under any program or activity provided by the Department. The Department, or its authorized agent, shall ensure that a copy of a student's then current individualized education program (IEP) is provided to the school district in which the student is newly placed by the Department. Upon receipt of the IEP, the new school district shall review it and place the student in a special education program in accordance with that described in the IEP. The Department shall consult with the State Board of Education in the development of necessary rules and regulations to implement this provision. (Source: P.A. 87-372.) (20 ILCS 505/8b) (from Ch. 23, par. 5008b) Sec. 8b. No homeless person eligible to receive benefits or services from the Department shall, by reason of the homeless person's his or her status as a homeless person, be excluded from participation in, be denied benefits under or be subjected to discrimination under any program or activity provided by the Department. (Source: P.A. 84-1277.) (20 ILCS 505/9.3) (from Ch. 23, par. 5009.3) Sec. 9.3. Declarations by Parents and Guardians. Information requested of parents and guardians shall be submitted on forms or questionnaires prescribed by the Department or units of local government as the case may be and shall contain a written declaration to be signed by the parent or guardian in substantially the following form: "I declare under penalties of perjury that I have examined this form or questionnaire and all accompanying statements or documents pertaining to my income, or any other matter having bearing upon my status and ability to provide payment for care and training of my child, and to the best of my knowledge and belief the information supplied is true, correct, and complete". A person who makes and subscribes a form or questionnaire which contains, as herein above provided, a written declaration that it is made under the penalties of perjury, knowing it to be false, incorrect or incomplete, in respect to any material statement or representative bearing upon the parent's or guardian's his status as a parent or guardian, or upon the parent's or guardian's his income, resources, or other matter concerning the parent's or guardian's his ability to provide parental payment, shall be subject to the penalties for perjury provided for in Section 32-2 of the Criminal Code of 2012. Parents who refuse to provide such information after three written requests from the Department will be liable for the full cost of care provided, from the commencement of such care until the required information is received. (Source: P.A. 97-1150, eff. 1-25-13.) (20 ILCS 505/9.5) (from Ch. 23, par. 5009.5) Sec. 9.5. Notice of Parental Payments Due. When the Department has determined that a parent or guardian is liable for payment for care and support of the parent's or guardian's his children, the parent or guardian shall be notified by mailing the parent or guardian him a copy of the determination by mail, advising the parent or guardian him of the parent's or guardian's his legal obligation to make payments for such period or periods of time, definite in duration or indefinite, as the circumstances required. The notice shall direct payment as provided in Section 9.6. Within 30 days after receipt of a payment notice, the parents may appeal the assessment amount if the data used in determining the amount is inaccurate or incomplete. Parents may also appeal the assessment at any time on the basis of changes in their circumstances which render inaccurate information on which the assessment is based. If the changes requested in a parental appeal are granted, the Department may modify its assessment retroactively to the appropriate date and adjust any amount in arrears accordingly. (Source: P.A. 83-1037.) (20 ILCS 505/17) (from Ch. 23, par. 5017) Sec. 17. Youth and Community Services Program. The Department of Human Services shall develop a State program for youth and community services which will assure that youth who come into contact or may come into contact with the child welfare and the juvenile justice systems will have access to needed community, prevention, diversion, emergency and independent living services. The term "youth" means a person under the age of 19 years. The term "homeless youth" means a youth who cannot be reunited with the youth's his or her family and is not in a safe and stable living situation. This Section shall not be construed to require the Department of Human Services to provide services under this Section to any homeless youth who is at least 18 years of age but is younger than 19 years of age; however, the Department may, in its discretion, provide services under this Section to any such homeless youth. (a) The goals of the program shall be to: (1) maintain children and youths in their own community; (2) eliminate unnecessary categorical funding of programs by funding more comprehensive and integrated programs; (3) encourage local volunteers and voluntary associations in developing programs aimed at preventing and controlling juvenile delinquency; (4) address voids in services and close service gaps; (5) develop program models aimed at strengthening the relationships between youth and their families and aimed at developing healthy, independent lives for homeless youth; (6) contain costs by redirecting funding to more comprehensive and integrated community-based services; and (7) coordinate education, employment, training and other programs for youths with other State agencies. (b) The duties of the Department under the program shall be to: (1) design models for service delivery by local communities; (2) test alternative systems for delivering youth services; (3) develop standards necessary to achieve and maintain, on a statewide basis, more comprehensive and integrated community-based youth services; (4) monitor and provide technical assistance to local boards and local service systems; (5) assist local organizations in developing programs which address the problems of youths and their families through direct services, advocacy with institutions, and improvement of local conditions; and (6) develop a statewide adoption awareness campaign aimed at pregnant teenagers. (Source: P.A. 89-507, eff. 7-1-97.) (20 ILCS 505/21) (from Ch. 23, par. 5021) Sec. 21. Investigative powers; training. (a) To make such investigations as it may deem necessary to the performance of its duties. (b) In the course of any such investigation any qualified person authorized by the Director may administer oaths and secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such investigation. Any person who is served with a subpoena by the Department to appear and testify or to produce books and papers, in the course of an investigation authorized by law, and who refuses or neglects to appear, or to testify, or to produce books and papers relevant to such investigation, as commanded in such subpoena, shall be guilty of a Class B misdemeanor. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State. Any circuit court of this State, upon application of the person requesting the hearing or the Department, may compel the attendance of witnesses, the production of books and papers, and giving of testimony before the Department or before any authorized officer or employee thereof, by an attachment for contempt or otherwise, in the same manner as production of evidence may be compelled before such court. Every person who, having taken an oath or made affirmation before the Department or any authorized officer or employee thereof, shall willfully swear or affirm falsely, shall be guilty of perjury and upon conviction shall be punished accordingly. (c) Investigations initiated under this Section shall provide individuals due process of law, including the right to a hearing, to cross-examine witnesses, to obtain relevant documents, and to present evidence. Administrative findings shall be subject to the provisions of the Administrative Review Law. (d) Beginning July 1, 1988, any child protective investigator or supervisor or child welfare specialist or supervisor employed by the Department on the effective date of this amendatory Act of 1987 shall have completed a training program which shall be instituted by the Department. The training program shall include, but not be limited to, the following: (1) training in the detection of symptoms of child neglect and drug abuse; (2) specialized training for dealing with families and children of drug abusers; and (3) specific training in child development, family dynamics and interview techniques. Such program shall conform to the criteria and curriculum developed under Section 4 of the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987. Failure to complete such training due to lack of opportunity provided by the Department shall in no way be grounds for any disciplinary or other action against an investigator or a specialist. The Department shall develop a continuous inservice staff development program and evaluation system. Each child protective investigator and supervisor and child welfare specialist and supervisor shall participate in such program and evaluation and shall complete a minimum of 20 hours of inservice education and training every 2 years in order to maintain certification. Any child protective investigator or child protective supervisor, or child welfare specialist or child welfare specialist supervisor hired by the Department who begins his actual employment after the effective date of this amendatory Act of 1987, shall be certified pursuant to the Child Protective Investigator and Child Welfare Specialist Certification Act of 1987 before beginning he begins such employment. Nothing in this Act shall replace or diminish the rights of employees under the Illinois Public Labor Relations Act, as amended, or the National Labor Relations Act. In the event of any conflict between either of those Acts, or any collective bargaining agreement negotiated thereunder, and the provisions of subsections (d) and (e), the former shall prevail and control. (e) The Department shall develop and implement the following: (1) A standardized child endangerment risk assessment protocol. (2) Related training procedures. (3) A standardized method for demonstration of proficiency in application of the protocol. (4) An evaluation of the reliability and validity of the protocol. All child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department or its contractors shall be required, subsequent to the availability of training under this Act, to demonstrate proficiency in application of the protocol previous to being permitted to make decisions about the degree of risk posed to children for whom they are responsible. The Department shall establish a multi-disciplinary advisory committee appointed by the Director, including but not limited to representatives from the fields of child development, domestic violence, family systems, juvenile justice, law enforcement, health care, mental health, substance abuse, and social service to advise the Department and its related contractors in the development and implementation of the child endangerment risk assessment protocol, related training, method for demonstration of proficiency in application of the protocol, and evaluation of the reliability and validity of the protocol. The Department shall develop the protocol, training curriculum, method for demonstration of proficiency in application of the protocol and method for evaluation of the reliability and validity of the protocol by July 1, 1995. Training and demonstration of proficiency in application of the child endangerment risk assessment protocol for all child protective investigators and supervisors and child welfare specialists and supervisors shall be completed as soon as practicable, but no later than January 1, 1996. The Department shall submit to the General Assembly on or before May 1, 1996, and every year thereafter, an annual report on the evaluation of the reliability and validity of the child endangerment risk assessment protocol. The Department shall contract with a not for profit organization with demonstrated expertise in the field of child endangerment risk assessment to assist in the development and implementation of the child endangerment risk assessment protocol, related training, method for demonstration of proficiency in application of the protocol, and evaluation of the reliability and validity of the protocol. (f) The Department shall provide each parent or guardian and responsible adult caregiver participating in a safety plan a copy of the written safety plan as signed by each parent or guardian and responsible adult caregiver and by a representative of the Department. The Department shall also provide each parent or guardian and responsible adult caregiver safety plan information on their rights and responsibilities that shall include, but need not be limited to, information on how to obtain medical care, emergency phone numbers, and information on how to notify schools or day care providers as appropriate. The Department's representative shall ensure that the safety plan is reviewed and approved by the child protection supervisor. (Source: P.A. 98-830, eff. 1-1-15.) (20 ILCS 505/35.5) Sec. 35.5. Inspector General. (a) The Governor shall appoint, and the Senate shall confirm, an Inspector General who shall have the authority to conduct investigations into allegations of or incidents of possible misconduct, misfeasance, malfeasance, or violations of rules, procedures, or laws by any employee, foster parent, service provider, or contractor of the Department of Children and Family Services, except for allegations of violations of the State Officials and Employees Ethics Act which shall be referred to the Office of the Governor's Executive Inspector General for investigation. The Inspector General shall make recommendations to the Director of Children and Family Services concerning sanctions or disciplinary actions against Department employees or providers of service under contract to the Department. The Director of Children and Family Services shall provide the Inspector General with an implementation report on the status of any corrective actions taken on recommendations under review and shall continue sending updated reports until the corrective action is completed. The Director shall provide a written response to the Inspector General indicating the status of any sanctions or disciplinary actions against employees or providers of service involving any investigation subject to review. In any case, information included in the reports to the Inspector General and Department responses shall be subject to the public disclosure requirements of the Abused and Neglected Child Reporting Act. Any investigation conducted by the Inspector General shall be independent and separate from the investigation mandated by the Abused and Neglected Child Reporting Act. The Inspector General shall be appointed for a term of 4 years. The Inspector General shall function independently within the Department of Children and Family Services with respect to the operations of the Office of Inspector General, including the performance of investigations and issuance of findings and recommendations, and shall report to the Director of Children and Family Services and the Governor and perform other duties the Director may designate. The Inspector General shall adopt rules as necessary to carry out the functions, purposes, and duties of the office of Inspector General in the Department of Children and Family Services, in accordance with the Illinois Administrative Procedure Act and any other applicable law. (b) The Inspector General shall have access to all information and personnel necessary to perform the duties of the office. To minimize duplication of efforts, and to assure consistency and conformance with the requirements and procedures established in the B.H. v. Suter consent decree and to share resources when appropriate, the Inspector General shall coordinate the Inspector General's his or her activities with the Bureau of Quality Assurance within the Department. (c) The Inspector General shall be the primary liaison between the Department and the Illinois State Police with regard to investigations conducted under the Inspector General's auspices. If the Inspector General determines that a possible criminal act has been committed, or that special expertise is required in the investigation, the Inspector General he or she shall immediately notify the Illinois State Police. All investigations conducted by the Inspector General shall be conducted in a manner designed to ensure the preservation of evidence for possible use in a criminal prosecution. (d) The Inspector General may recommend to the Department of Children and Family Services, the Department of Public Health, or any other appropriate agency, sanctions to be imposed against service providers under the jurisdiction of or under contract with the Department for the protection of children in the custody or under the guardianship of the Department who received services from those providers. The Inspector General may seek the assistance of the Attorney General or any of the several State's Attorneys in imposing sanctions. (e) The Inspector General shall at all times be granted access to any foster home, facility, or program operated for or licensed or funded by the Department. (f) Nothing in this Section shall limit investigations by the Department of Children and Family Services that may otherwise be required by law or that may be necessary in that Department's capacity as the central administrative authority for child welfare. (g) The Inspector General shall have the power to subpoena witnesses and compel the production of books and papers pertinent to an investigation authorized by this Act. The power to subpoena or to compel the production of books and papers, however, shall not extend to the person or documents of a labor organization or its representatives insofar as the person or documents of a labor organization relate to the function of representing an employee subject to investigation under this Act. Any person who fails to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to an investigation under this Act, except as otherwise provided in this Section, or who knowingly gives false testimony in relation to an investigation under this Act is guilty of a Class A misdemeanor. (h) The Inspector General shall provide to the General Assembly and the Governor, no later than January 1 of each year, a summary of reports and investigations made under this Section for the prior fiscal year. The summaries shall detail the imposition of sanctions and the final disposition of those recommendations. The summaries shall not contain any confidential or identifying information concerning the subjects of the reports and investigations. The summaries also shall include detailed recommended administrative actions and matters for consideration by the General Assembly. (Source: P.A. 102-538, eff. 8-20-21.) (20 ILCS 505/35.6) Sec. 35.6. State-wide toll-free telephone number. (a) There shall be a State-wide, toll-free telephone number for any person, whether or not mandated by law, to report to the Inspector General of the Department, suspected misconduct, malfeasance, misfeasance, or violations of rules, procedures, or laws by Department employees, service providers, or contractors that is detrimental to the best interest of children receiving care, services, or training from or who were committed to the Department as allowed under Section 5 of this Act. Immediately upon receipt of a telephone call regarding suspected abuse or neglect of children, the Inspector General shall refer the call to the Child Abuse and Neglect Hotline or to the Illinois State Police as mandated by the Abused and Neglected Child Reporting Act and Section 35.5 of this Act. A mandated reporter shall not be relieved of the mandated reporter's his or her duty to report incidents to the Child Abuse and Neglect Hotline referred to in this subsection. The Inspector General shall also establish rules and procedures for evaluating reports of suspected misconduct and violation of rules and for conducting an investigation of such reports. (b) The Inspector General shall prepare and maintain written records from the reporting source that shall contain the following information to the extent known at the time the report is made: (1) the names and addresses of the child and the person responsible for the child's welfare; (2) the nature of the misconduct and the detriment cause to the child's best interest; (3) the names of the persons or agencies responsible for the alleged misconduct. Any investigation conducted by the Inspector General pursuant to such information shall not duplicate and shall be separate from the investigation mandated by the Abused and Neglected Child Reporting Act. However, the Inspector General may include the results of such investigation in reports compiled under this Section. At the request of the reporting agent, the Inspector General shall keep the identity of the reporting agent strictly confidential from the operation of the Department, until the Inspector General shall determine what recommendations shall be made with regard to discipline or sanction of the Department employee, service provider, or contractor, with the exception of suspected child abuse or neglect which shall be handled consistent with the Abused and Neglected Child Reporting Act and Section 35.5 of this Act. The Department shall take whatever steps are necessary to assure that a person making a report in good faith under this Section is not adversely affected solely on the basis of having made such report. (Source: P.A. 102-538, eff. 8-20-21.) (20 ILCS 505/35.9) Sec. 35.9. Visitation privileges; grandparents and great-grandparents. (a) The Department shall make reasonable efforts and accommodations to provide for visitation privileges to a non-custodial grandparent or great-grandparent of a child who is in the care and custody of the Department. Any visitation privileges provided under this Section shall be separate and apart from any visitation privileges provided to a parent of the child. The Department shall provide visitation privileges only if doing so is in the child's best interest, taking into consideration the factors set out in subsection (4.05) of Section 1-3 of the Juvenile Court Act of 1987 and the following additional factors: (1) the mental and physical health of the grandparent or great-grandparent; (2) the quantity of the visitation time requested and the potential adverse impact that visitation would have on the child's customary activities; (3) any other fact that establishes that the loss of the relationship between the child and the grandparent or great-grandparent is likely to unduly harm the child's mental, physical, or emotional health; and (4) whether visitation can be structured in a way to minimize the child's exposure to conflicts between adult family members. (b) Any visitation privileges provided under this Section shall automatically terminate upon the child leaving the care or custody of the Department. (c) The Department may deny a request for visitation after considering the criteria provided under subsection (a) in addition to any other criteria the Department deems necessary. If the Department determines that a grandparent or great-grandparent is inappropriate to serve as a visitation resource and denies visitation, the Department shall: (i) document the basis of its determination and maintain the documentation in the child's case file and (ii) inform the grandparent or great-grandparent of the grandparent's or great-grandparent's his or her right to a clinical review in accordance with Department rules and procedures. The Department may adopt any rules necessary to implement this Section. (Source: P.A. 99-838, eff. 1-1-17.) Section 10. The Department of Children and Family Services Powers Law of the Civil Administrative Code of Illinois is amended by changing Section 510-25 as follows: (20 ILCS 510/510-25) (was 20 ILCS 510/65.5) Sec. 510-25. Child Care Act of 1969; injunction. The Department has the power to initiate injunction proceedings whenever it appears to the Director of Children and Family Services that any person, group of persons, or corporation is engaged or about to engage in any acts or practices that constitute or will constitute a violation of the Child Care Act of 1969 or any rule or regulation prescribed under the authority of that Act. The Director of Children and Family Services may, in the Director's his or her discretion, through the Attorney General apply for an injunction to enforce the Act, rule, or regulation. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce the Act, rule, or regulation in addition to the penalties and other remedies provided in the Act, rule, or regulation. Appeals may be taken as in other civil cases. (Source: P.A. 91-239, eff. 1-1-00.) Section 15. The Child Death Review Team Act is amended by changing Section 20 as follows: (20 ILCS 515/20) Sec. 20. Reviews of child deaths. (a) Every child death shall be reviewed by the team in the subregion which has primary case management responsibility. The deceased child must be one of the following: (1) A youth in care. (2) The subject of an open service case maintained by the Department. (3) The subject of a pending child abuse or neglect investigation. (4) A child who was the subject of an abuse or neglect investigation at any time during the 12 months preceding the child's death. (5) Any other child whose death is reported to the State central register as a result of alleged child abuse or neglect which report is subsequently indicated. A child death review team may, at its discretion, review other sudden, unexpected, or unexplained child deaths, cases of serious or fatal injuries to a child identified under the Children's Advocacy Center Act, and all unfounded child death cases. (b) A child death review team's purpose in conducting reviews of child deaths is to do the following: (1) Assist in determining the cause and manner of the child's death, when requested. (2) Evaluate means by which the death might have been prevented. (3) Report its findings to appropriate agencies and make recommendations that may help to reduce the number of child deaths caused by abuse or neglect. (4) Promote continuing education for professionals involved in investigating, treating, and preventing child abuse and neglect as a means of preventing child deaths due to abuse or neglect. (5) Make specific recommendations to the Director and the Inspector General of the Department concerning the prevention of child deaths due to abuse or neglect and the establishment of protocols for investigating child deaths. (c) A child death review team shall review a child death as soon as practical and not later than 90 days following the completion by the Department of the investigation of the death under the Abused and Neglected Child Reporting Act. When there has been no investigation by the Department, the child death review team shall review a child's death within 90 days after obtaining the information necessary to complete the review from the coroner, pathologist, medical examiner, or law enforcement agency, depending on the nature of the case. A child death review team shall meet at least once in each calendar quarter. (d) The Director shall, within 90 days, review and reply to recommendations made by a team under item (5) of subsection (b). With respect to each recommendation made by a team, the Director shall submit the Director's his or her reply both to the chairperson of that team and to the chairperson of the Executive Council. The Director's reply to each recommendation must include a statement as to whether the Director intends to implement the recommendation. The Director shall meet in person with the Executive Council at least every 60 days to discuss recommendations and the Department's responses. The Director shall implement recommendations as feasible and appropriate and shall respond in writing to explain the implementation or nonimplementation of the recommendations. (e) Within 90 days after the Director submits a reply with respect to a recommendation as required by subsection (d), the Director must submit an additional report that sets forth in detail the way, if any, in which the Director will implement the recommendation and the schedule for implementing the recommendation. The Director shall submit this report to the chairperson of the team that made the recommendation and to the chairperson of the Executive Council. (f) Within 180 days after the Director submits a report under subsection (e) concerning the implementation of a recommendation, the Director shall submit a further report to the chairperson of the team that made the recommendation and to the chairperson of the Executive Council. This report shall set forth the specific changes in the Department's policies and procedures that have been made in response to the recommendation. (Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.) Section 20. The Foster Parent Law is amended by changing Sections 1-5, 1-15, and 1-20 as follows: (20 ILCS 520/1-5) Sec. 1-5. Legislative findings. Family foster care is an essential service for children and their families who have been separated due to the tragedy of child abuse, neglect, or dependency. When children have been separated from their families, it is the responsibility of the child welfare team to respond to the needs of the children and their families by means including (i) providing protection and nurture to children in a safe, healthy environment; (ii) meeting the developmental and emotional needs of the children, including maintaining and promoting a child's emotional attachment to a child's his or her own family; (iii) protecting and promoting the child's cultural identity and heritage; and (iv) working toward permanency for children by connecting them to safe, nurturing relationships intended to last a lifetime, preferably with their own family. Foster parents are an essential part of and fulfill an integral role on the child welfare team along with children in care who are old enough to participate in planning and services, parents of children in care, caseworkers, and other professionals serving the child and family. By providing care for children and supporting the attachment of children to their families in a manner sensitive to each child's and family's unique needs, the foster parent serves the child, the family, and the community. In order to successfully fulfill their role on the professional child welfare team, foster parents must be committed to the goal of the child welfare program and must provide care to children and promote the best interests of the children and families served. In order to achieve this goal, foster parents must understand and be sensitive to issues of culture, ethnicity, religion, and children's connectedness with their families and must maintain a level of care, conduct, and demeanor that is consistent with the high professional ethics demanded of all other members of the child welfare team. The General Assembly finds that there is a need to establish public policy regarding the role of foster parents. The General Assembly establishes this statement of foster parents' rights and responsibilities, which shall apply to all foster parents in the State of Illinois, whether supervised by the Department of Children and Family Services or by another agency under contract to the Department of Children and Family Services to provide foster care services. (Source: P.A. 89-19, eff. 6-3-95.) (20 ILCS 520/1-15) Sec. 1-15. Foster parent rights. A foster parent's rights include, but are not limited to, the following: (1) The right to be treated with dignity, respect, and consideration as a professional member of the child welfare team. (2) The right to be given standardized pre-service training and appropriate ongoing training to meet mutually assessed needs and improve the foster parent's skills. (3) The right to be informed as to how to contact the appropriate child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care. (4) The right to receive timely financial reimbursement commensurate with the care needs of the child as specified in the service plan. (5) The right to be provided a clear, written understanding of a placement agency's plan concerning the placement of a child in the foster parent's home. Inherent in this right is the foster parent's responsibility to support activities that will promote the child's right to relationships with the child's his or her own family and cultural heritage. (6) The right to be provided a fair, timely, and impartial investigation of complaints concerning the foster parent's licensure, to be provided the opportunity to have a person of the foster parent's choosing present during the investigation, and to be provided due process during the investigation; the right to be provided the opportunity to request and receive mediation or an administrative review of decisions that affect licensing parameters, or both mediation and an administrative review; and the right to have decisions concerning a licensing corrective action plan specifically explained and tied to the licensing standards violated. (7) The right, at any time during which a child is placed with the foster parent, to receive additional or necessary information that is relevant to the care of the child. (7.5) The right to be given information concerning a child (i) from the Department as required under subsection (u) of Section 5 of the Children and Family Services Act and (ii) from a child welfare agency as required under subsection (c-5) of Section 7.4 of the Child Care Act of 1969. (8) The right to be notified of scheduled meetings and staffings concerning the foster child in order to actively participate in the case planning and decision-making process regarding the child, including individual service planning meetings, administrative case reviews, interdisciplinary staffings, and individual educational planning meetings; the right to be informed of decisions made by the courts or the child welfare agency concerning the child; the right to provide input concerning the plan of services for the child and to have that input given full consideration in the same manner as information presented by any other professional on the team; and the right to communicate with other professionals who work with the foster child within the context of the team, including therapists, physicians, attending health care professionals, and teachers. (9) The right to be given, in a timely and consistent manner, any information a caseworker case worker has regarding the child and the child's family which is pertinent to the care and needs of the child and to the making of a permanency plan for the child. Disclosure of information concerning the child's family shall be limited to that information that is essential for understanding the needs of and providing care to the child in order to protect the rights of the child's family. When a positive relationship exists between the foster parent and the child's family, the child's family may consent to disclosure of additional information. (10) The right to be given reasonable written notice of (i) any change in a child's case plan, (ii) plans to terminate the placement of the child with the foster parent, and (iii) the reasons for the change or termination in placement. The notice shall be waived only in cases of a court order or when the child is determined to be at imminent risk of harm. (11) The right to be notified in a timely and complete manner of all court hearings, including notice of the date and time of the court hearing, the name of the judge or hearing officer hearing the case, the location of the hearing, and the court docket number of the case; and the right to intervene in court proceedings or to seek mandamus under the Juvenile Court Act of 1987. (12) The right to be considered as a placement option when a foster child who was formerly placed with the foster parent is to be re-entered into foster care, if that placement is consistent with the best interest of the child and other children in the foster parent's home. (13) The right to have timely access to the child placement agency's existing appeals process and the right to be free from acts of harassment and retaliation by any other party when exercising the right to appeal. (14) The right to be informed of the Foster Parent Hotline established under Section 35.6 of the Children and Family Services Act and all of the rights accorded to foster parents concerning reports of misconduct by Department employees, service providers, or contractors, confidential handling of those reports, and investigation by the Inspector General appointed under Section 35.5 of the Children and Family Services Act. (Source: P.A. 99-581, eff. 1-1-17.) (20 ILCS 520/1-20) Sec. 1-20. Foster parent responsibilities. A foster parent's responsibilities include, but are not limited to, the following: (1) The responsibility to openly communicate and share information about the child with other members of the child welfare team. (2) The responsibility to respect the confidentiality of information concerning foster children and their families and act appropriately within applicable confidentiality laws and regulations. (3) The responsibility to advocate for children in the foster parent's care. (4) The responsibility to treat children in the foster parent's care and the children's families with dignity, respect, and consideration. (5) The responsibility to recognize the foster parent's own individual and familial strengths and limitations when deciding whether to accept a child into care; and the responsibility to recognize the foster parent's own support needs and utilize appropriate supports in providing care for foster children. (6) The responsibility to be aware of the benefits of relying on and affiliating with other foster parents and foster parent associations in improving the quality of care and service to children and families. (7) The responsibility to assess the foster parent's ongoing individual training needs and take action to meet those needs. (8) The responsibility to develop and assist in implementing strategies to prevent placement disruptions, recognizing the traumatic impact of placement disruptions on a foster child and all members of the foster family; and the responsibility to provide emotional support for the foster children and members of the foster family if preventive strategies fail and placement disruptions occur. (9) The responsibility to know the impact foster parenting has on individuals and family relationships; and the responsibility to endeavor to minimize, as much as possible, any stress that results from foster parenting. (10) The responsibility to know the rewards and benefits to children, parents, families, and society that come from foster parenting and to promote the foster parenting experience in a positive way. (11) The responsibility to know the roles, rights, and responsibilities of foster parents, other professionals in the child welfare system, the foster child, and the foster child's own family. (12) The responsibility to know and, as necessary, fulfill the foster parent's responsibility to serve as a mandated reporter of suspected child abuse or neglect under the Abused and Neglected Child Reporting Act; and the responsibility to know the child welfare agency's policy regarding allegations that foster parents have committed child abuse or neglect and applicable administrative rules and procedures governing investigations of those allegations. (13) The responsibility to know and receive training regarding the purpose of administrative case reviews, client service plans, and court processes, as well as any filing or time requirements associated with those proceedings; and the responsibility to actively participate in the foster parent's designated role in these proceedings. (14) The responsibility to know the child welfare agency's appeal procedure for foster parents and the rights of foster parents under the procedure. (15) The responsibility to know and understand the importance of maintaining accurate and relevant records regarding the child's history and progress; and the responsibility to be aware of and follow the procedures and regulations of the child welfare agency with which the foster parent is licensed or affiliated. (16) The responsibility to share information, through the child welfare team, with the subsequent caregiver (whether the child's parent or another substitute caregiver) regarding the child's adjustment in the foster parent's home. (17) The responsibility to provide care and services that are respectful of and responsive to the child's cultural needs and are supportive of the relationship between the child and the child's his or her own family; the responsibility to recognize the increased importance of maintaining a child's cultural identity when the race or culture of the foster family differs from that of the foster child; and the responsibility to take action to address these issues. (Source: P.A. 89-19, eff. 6-3-95.) Section 25. The Foster Children's Bill of Rights Act is amended by changing Section 5 as follows: (20 ILCS 521/5) Sec. 5. Foster Children's Bill of Rights. It is the policy of this State that every child and adult in the care of the Department of Children and Family Services who is placed in foster care shall have the following rights: (1) To live in a safe, healthy, and comfortable home where they are he or she is treated with respect. (2) To be free from physical, sexual, emotional, or other abuse, or corporal punishment. (3) To receive adequate and healthy food, adequate clothing, and, for youth in group homes, residential treatment facilities, and foster homes, an allowance. (4) To receive medical, dental, vision, and mental health services. (5) To be free of the administration of medication or chemical substances, unless authorized by a physician. (6) To contact family members, unless prohibited by court order, and social workers, attorneys, foster youth advocates and supporters, Court Appointed Special Advocates (CASAs), and probation officers. (7) To visit and contact siblings brothers and sisters, unless prohibited by court order. (8) To contact the Advocacy Office for Children and Families established under the Children and Family Services Act or the Department of Children and Family Services' Office of the Inspector General regarding violations of rights, to speak to representatives of these offices confidentially, and to be free from threats or punishment for making complaints. (9) To make and receive confidential telephone calls and send and receive unopened mail, unless prohibited by court order. (10) To attend religious services and activities of their his or her choice. (11) To maintain an emancipation bank account and manage personal income, consistent with the child's age and developmental level, unless prohibited by the case plan. (12) To not be locked in a room, building, or facility premises, unless placed in a secure child care facility licensed by the Department of Children and Family Services under the Child Care Act of 1969 and placed pursuant to Section 2-27.1 of the Juvenile Court Act of 1987. (13) To attend school and participate in extracurricular, cultural, and personal enrichment activities, consistent with the child's age and developmental level, with minimal disruptions to school attendance and educational stability. (14) To work and develop job skills at an age-appropriate level, consistent with State law. (15) To have social contacts with people outside of the foster care system, including teachers, church members, mentors, and friends. (16) If they meet he or she meets age requirements, to attend services and programs operated by the Department of Children and Family Services or any other appropriate State agency that aim to help current and former foster youth achieve self-sufficiency prior to and after leaving foster care. (17) To attend court hearings and speak to the judge. (18) To have storage space for private use. (19) To be involved in the development of their his or her own case plan and plan for permanent placement. (20) To review their his or her own case plan and plan for permanent placement, if they are he or she is 12 years of age or older and in a permanent placement, and to receive information about their his or her out-of-home placement and case plan, including being told of changes to the case plan. (21) To be free from unreasonable searches of personal belongings. (22) To the confidentiality of all juvenile court records consistent with existing law. (23) To have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status. (24) To have caregivers and child welfare personnel who have received sensitivity training and instruction on matters concerning race, ethnicity, national origin, color, ancestry, religion, mental and physical disability, and HIV status. (25) To have caregivers and child welfare personnel who have received instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (26) At 16 years of age or older, to have access to existing information regarding the educational options available, including, but not limited to, the coursework necessary for vocational and postsecondary educational programs, and information regarding financial aid for postsecondary education. (27) To have access to age-appropriate, medically accurate information about reproductive health care, the prevention of unplanned pregnancy, and the prevention and treatment of sexually transmitted infections at 12 years of age or older. (28) To receive a copy of this Act from and have it fully explained by the Department of Children and Family Services when the child or adult is placed in the care of the Department of Children and Family Services. (29) To be placed in the least restrictive and most family-like setting available and in close proximity to their his or her parent's home consistent with their his or her health, safety, best interests, and special needs. (30) To participate in an age and developmentally appropriate intake process immediately after placement in the custody or guardianship of the Department. During the intake process, the Department shall provide the youth with a document describing inappropriate acts of affection, discipline, and punishment by guardians, foster parents, foster siblings, or any other adult responsible for the youth's welfare. The Department shall review and discuss the document with the child. The Department must document completion of the intake process in the child's records as well as giving a copy of the document to the child. (31) To participate in appropriate intervention and counseling services after removal from the home of origin in order to assess whether the youth is exhibiting signs of traumatic stress, special needs, or mental illness. (32) To receive a home visit by an assigned child welfare specialist, per existing Department policies and procedures, on a monthly basis or more frequently as needed. In addition to what existing policies and procedures outline, home visits shall be used to assess the youth's well-being and emotional health following placement, to determine the youth's relationship with the youth's guardian or foster parent or with any other adult responsible for the youth's welfare or living in or frequenting the home environment, and to determine what forms of discipline, if any, the youth's guardian or foster parent or any other person in the home environment uses to correct the youth. (33) To be enrolled in an independent living services program prior to transitioning out of foster care where the youth will receive classes and instruction, appropriate to the youth's age and developmental capacity, on independent living and self-sufficiency in the areas of employment, finances, meals, and housing as well as help in developing life skills and long-term goals. (34) To be assessed by a third-party entity or agency prior to enrollment in any independent living services program in order to determine the youth's readiness for a transition out of foster care based on the youth's individual needs, emotional development, and ability, regardless of age, to make a successful transition to adulthood. (Source: P.A. 102-810, eff. 1-1-23.) Section 30. The Statewide Foster Care Advisory Council Law is amended by changing Section 5-10 as follows: (20 ILCS 525/5-10) Sec. 5-10. Membership. (a) The Statewide Foster Care Advisory Council shall consist of the following membership: (1) 2 foster parents from the Department's southern and northern administrative regions; 3 foster parents from the Department's central administrative region; and 2 foster parents from each of the Department's Cook County administrative regions. One of the 6 foster parents representing the Cook County administrative regions shall be the current President of the Cook County Foster Parent Advisory Committee; (2) 2 foster parents representing the Department's Child Welfare Advisory Committee, with at least one foster parent residing in Cook County; (3) 2 foster care professionals representing the Department's Child Welfare Advisory Committee to represent agencies providing foster care services under contract to the Department; (4) the current president of the Illinois Foster Parent Association; and (5) 4 other non-Department persons with recognized expertise regarding foster care who shall be nominated by the Director of the Department ("the Director"). Each Administrator of the Department's specified administrative regions shall make recommendations of foster parents for appointment as members to the Director. The recommendations of the Regional Administrator shall be based upon consultation by the Regional Administrator with organized foster parent groups and Department staff. All appointments to the Council shall be made in writing by the Director. In soliciting and making appointments, the Director shall make all reasonable efforts to ensure the membership of the Council is culturally diverse and representative and also geographically representative of the Department's administrative regions. (b) Each member shall be appointed for a term of 3 years. No member shall be appointed to more than 2 terms, except the President of the Illinois Foster Parent Association and the President of the Cook County Foster Parent Association may serve as long as the member he or she holds office. Members shall continue to serve until their successors are appointed. The terms of original members and of members subsequently appointed to fill vacancies created by a change in the number of the Council's members shall be determined to assure as nearly as possible that the terms of one-third of the members in each sector expire each year on June 30th. The original members in each sector shall determine by lot the length of each member's term, one-third to be for 3 years, one-third to be for 2 years, and one-third to be for one year, and the Council's secretary shall record the results. Thereafter, any member appointed to fill a vacancy other than one created by the expiration of a regular 3 year term shall be appointed for the unexpired term of the predecessor member, or in the case of new memberships created by change in number of members, for such term as is appropriate under this subsection. (c) Members of the Advisory Council shall serve without compensation, except that the Department shall reimburse members for travel and per diem expenses associated with participation in Advisory Council meetings and activities. Reimbursement shall be consistent with Illinois Department of Central Management Services rules, as approved by the Governor's Travel Control Board. (Source: P.A. 89-19, eff. 6-3-95.) Section 35. The Department of Children and Family Services Statewide Youth Advisory Board Act is amended by changing Section 15 as follows: (20 ILCS 527/15) Sec. 15. Meetings. (a) Regular meetings of the regional youth advisory boards shall be held monthly. (b) Regular meetings of the Statewide Youth Advisory Board shall be held at least 5 times per year. (c) The Director of the Department or the Director's his or her designee shall meet with the Statewide Youth Advisory Board at least quarterly in order to discuss the issues and concerns of youth in foster care. (d) All meetings shall take place at locations, dates, and times determined by the Department or its designee in accordance with the bylaws for the Statewide Youth Advisory Board and the regional youth advisory boards. (Source: P.A. 98-806, eff. 1-1-15.) Section 40. The Interstate Compact on Adoption Act is amended by changing Section 5-35 as follows: (45 ILCS 17/5-35) Sec. 5-35. Medical assistance. (a) A child with special needs who resides in this State and who is the subject of an adoption assistance agreement with another state shall be eligible for medical assistance from this State under Article V of the Illinois Public Aid Code upon the filing of agreed documentation obtained from the assistance state and filed with the Department of Healthcare and Family Services. The Department of Children and Family Services shall be required at least annually to establish that the agreement is still in force or has been renewed. (b) If a child (i) is in another state, (ii) is covered by an adoption assistance agreement made by the Illinois Department of Children and Family Services, and (iii) was eligible for medical assistance under Article V of the Illinois Public Aid Code at the time the child he or she resided in this State and would continue to be eligible for that assistance if the child he or she was currently residing in this State, then that child is eligible for medical assistance under Article V of the Illinois Public Aid Code, but only for those medical assistance benefits under Article V that are not provided by the other state. There shall be no payment or reimbursement by this State for services or benefits covered under any insurance or other third party medical contract or arrangement held by the child or the adoptive parents. (c) The submission of any claim for payment or reimbursement for services or benefits pursuant to this Section or the making of any statement in connection therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent, shall be punishable as perjury and shall also be subject to a fine not to exceed $10,000 or imprisonment for not to exceed 2 years, or both. (d) The provisions of this Section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provided medical assistance to children with special needs under adoption assistance agreements made by this State. (e) The Illinois Department of Children and Family Services and the Department of Healthcare and Family Services may adopt all rules necessary to implement this Section. (Source: P.A. 95-331, eff. 8-21-07.) Section 45. The Child Care Act of 1969 is amended by changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3, 7.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows: (225 ILCS 10/2.24) Sec. 2.24. "Adoption services" includes any one or more of the following services performed for any type of compensation or thing of value, directly or indirectly: (i) arranging for the placement of or placing out a child, (ii) identifying a child for adoption, (iii) matching adoptive parents with birth biological parents, (iv) arranging or facilitating an adoption, (v) taking or acknowledging consents or surrenders for termination of parental rights for purposes of adoption, as defined in the Adoption Act, (vi) performing background studies on a child or adoptive parents, (vii) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child, or (viii) post-placement monitoring of a child prior to adoption. "Adoption services" does not include the following: (1) the provision of legal services by a licensed attorney for which the attorney must be licensed as an attorney under Illinois law, (2) adoption-related services performed by public governmental entities or entities or persons performing investigations by court appointment as described in subsection A of Section 6 of the Adoption Act, (3) prospective birth biological parents or adoptive parents operating on their own behalf, (4) the provision of general education and training on adoption-related topics, or (5) post-adoption services, including supportive services to families to promote the well-being of members of adoptive families or birth families. (Source: P.A. 94-586, eff. 8-15-05.) (225 ILCS 10/3.3) Sec. 3.3. Requirements for criminal background checks for adoption-only homes. In approving an adoption-only home pursuant to Section 3.2 of this Act, if an adult resident has an arrest or conviction record, the licensed child welfare agency: (1) shall thoroughly investigate and evaluate the criminal history of the resident and, in so doing, include an assessment of the applicant's character and, in the case of the prospective adoptive parent, the impact that the criminal history has on the prospective adoptive parent's his or her ability to parent the child; the investigation should consider the type of crime, the number of crimes, the nature of the offense, the age at time of crime, the length of time that has elapsed since the last conviction, the relationship of the crime to the ability to care for children, and any evidence of rehabilitation; (2) shall not approve the home if the record reveals a felony conviction for crimes against a child, including, but not limited to, child abuse or neglect, child pornography, rape, sexual assault, or homicide; (3) shall not approve the home if the record reveals a felony conviction within the last 5 years, including, but not limited to, for physical assault, battery, drug-related offenses, or spousal abuse; and (4) shall not approve the home if the record reveals a felony conviction for homicide, rape, or sexual assault. (Source: P.A. 99-833, eff. 1-1-17.) (225 ILCS 10/4.1) (from Ch. 23, par. 2214.1) Sec. 4.1. Criminal Background Investigations. The Department shall require that each child care facility license applicant as part of the application process, and each employee and volunteer of a child care facility or non-licensed service provider, as a condition of employment, authorize an investigation to determine if such applicant, employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges; this authorization shall indicate the scope of the inquiry and the agencies which may be contacted. Upon this authorization, the Director shall request and receive information and assistance from any federal, State or local governmental agency as part of the authorized investigation. Each applicant, employee, or volunteer of a child care facility or non-licensed service provider shall submit the applicant's, employee's, or volunteer's his or her fingerprints to the Illinois State Police in the form and manner prescribed by the Illinois State Police. These fingerprints shall be checked against the fingerprint records now and hereafter filed in the Illinois State Police and Federal Bureau of Investigation criminal history records databases. The Illinois State Police shall charge a fee for conducting the criminal history records check, which shall be deposited in the State Police Services Fund and shall not exceed the actual cost of the records check. The Illinois State Police shall provide information concerning any criminal charges, and their disposition, now or hereafter filed, against an applicant, employee, or volunteer of a child care facility or non-licensed service provider upon request of the Department of Children and Family Services when the request is made in the form and manner required by the Illinois State Police. Information concerning convictions of a license applicant, employee, or volunteer of a child care facility or non-licensed service provider investigated under this Section, including the source of the information and any conclusions or recommendations derived from the information, shall be provided, upon request, to such applicant, employee, or volunteer of a child care facility or non-licensed service provider prior to final action by the Department on the application. State conviction information provided by the Illinois State Police regarding employees, prospective employees, or volunteers of non-licensed service providers and child care facilities licensed under this Act shall be provided to the operator of such facility, and, upon request, to the employee, prospective employee, or volunteer of a child care facility or non-licensed service provider. Any information concerning criminal charges and the disposition of such charges obtained by the Department shall be confidential and may not be transmitted outside the Department, except as required herein, and may not be transmitted to anyone within the Department except as needed for the purpose of evaluating an application or an employee or volunteer of a child care facility or non-licensed service provider. Only information and standards which bear a reasonable and rational relation to the performance of a child care facility shall be used by the Department or any licensee. Any employee of the Department of Children and Family Services, Illinois State Police, or a child care facility receiving confidential information under this Section who gives or causes to be given any confidential information concerning any criminal convictions of an applicant, employee, or volunteer of a child care facility or non-licensed service provider, shall be guilty of a Class A misdemeanor unless release of such information is authorized by this Section. A child care facility may hire, on a probationary basis, any employee or volunteer of a child care facility or non-licensed service provider authorizing a criminal background investigation under this Section, pending the result of such investigation. Employees and volunteers of a child care facility or non-licensed service provider shall be notified prior to hiring that such employment may be terminated on the basis of criminal background information obtained by the facility. (Source: P.A. 102-538, eff. 8-20-21.) (225 ILCS 10/4.2) (from Ch. 23, par. 2214.2) Sec. 4.2. (a) No applicant may receive a license from the Department and no person may be employed by a licensed child care facility who refuses to authorize an investigation as required by Section 4.1. (b) In addition to the other provisions of this Section, no applicant may receive a license from the Department and no person may be employed by a child care facility licensed by the Department who has been declared a sexually dangerous person under the Sexually Dangerous Persons Act "An Act in relation to sexually dangerous persons, and providing for their commitment, detention and supervision", approved July 6, 1938, as amended, or convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961 or the Criminal Code of 2012: (1) murder; (1.1) solicitation of murder; (1.2) solicitation of murder for hire; (1.3) intentional homicide of an unborn child; (1.4) voluntary manslaughter of an unborn child; (1.5) involuntary manslaughter; (1.6) reckless homicide; (1.7) concealment of a homicidal death; (1.8) involuntary manslaughter of an unborn child; (1.9) reckless homicide of an unborn child; (1.10) drug-induced homicide; (2) a sex offense under Article 11, except offenses described in Sections 11-7, 11-8, 11-12, 11-13, 11-35, 11-40, and 11-45; (3) kidnapping; (3.1) aggravated unlawful restraint; (3.2) forcible detention; (3.3) harboring a runaway; (3.4) aiding and abetting child abduction; (4) aggravated kidnapping; (5) child abduction; (6) aggravated battery of a child as described in Section 12-4.3 or subdivision (b)(1) of Section 12-3.05; (7) criminal sexual assault; (8) aggravated criminal sexual assault; (8.1) predatory criminal sexual assault of a child; (9) criminal sexual abuse; (10) aggravated sexual abuse; (11) heinous battery as described in Section 12-4.1 or subdivision (a)(2) of Section 12-3.05; (12) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05; (13) tampering with food, drugs, or cosmetics; (14) drug induced infliction of great bodily harm as described in Section 12-4.7 or subdivision (g)(1) of Section 12-3.05; (15) hate crime; (16) stalking; (17) aggravated stalking; (18) threatening public officials; (19) home invasion; (20) vehicular invasion; (21) criminal transmission of HIV; (22) criminal abuse or neglect of an elderly person or person with a disability as described in Section 12-21 or subsection (e) of Section 12-4.4a; (23) child abandonment; (24) endangering the life or health of a child; (25) ritual mutilation; (26) ritualized abuse of a child; (27) an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the foregoing offenses. (b-1) In addition to the other provisions of this Section, beginning January 1, 2004, no new applicant and, on the date of licensure renewal, no current licensee may operate or receive a license from the Department to operate, no person may be employed by, and no adult person may reside in a child care facility licensed by the Department who has been convicted of committing or attempting to commit any of the following offenses or an offense in any other jurisdiction the elements of which are similar and bear a substantial relationship to any of the following offenses: (I) BODILY HARM (1) Felony aggravated assault. (2) Vehicular endangerment. (3) Felony domestic battery. (4) Aggravated battery. (5) Heinous battery. (6) Aggravated battery with a firearm. (7) Aggravated battery of an unborn child. (8) Aggravated battery of a senior citizen. (9) Intimidation. (10) Compelling organization membership of persons. (11) Abuse and criminal neglect of a long term care facility resident. (12) Felony violation of an order of protection. (II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY (1) Felony unlawful use of weapons. (2) Aggravated discharge of a firearm. (3) Reckless discharge of a firearm. (4) Unlawful use of metal piercing bullets. (5) Unlawful sale or delivery of firearms on the premises of any school. (6) Disarming a police officer. (7) Obstructing justice. (8) Concealing or aiding a fugitive. (9) Armed violence. (10) Felony contributing to the criminal delinquency of a juvenile. (III) DRUG OFFENSES (1) Possession of more than 30 grams of cannabis. (2) Manufacture of more than 10 grams of cannabis. (3) Cannabis trafficking. (4) Delivery of cannabis on school grounds. (5) Unauthorized production of more than 5 cannabis sativa plants. (6) Calculated criminal cannabis conspiracy. (7) Unauthorized manufacture or delivery of controlled substances. (8) Controlled substance trafficking. (9) Manufacture, distribution, or advertisement of look-alike substances. (10) Calculated criminal drug conspiracy. (11) Street gang criminal drug conspiracy. (12) Permitting unlawful use of a building. (13) Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property. (14) Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances. (15) Delivery of controlled substances. (16) Sale or delivery of drug paraphernalia. (17) Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection. (18) Felony possession of a controlled substance. (19) Any violation of the Methamphetamine Control and Community Protection Act. (b-1.5) In addition to any other provision of this Section, for applicants with access to confidential financial information or who submit documentation to support billing, the Department may, in its discretion, deny or refuse to renew a license to an applicant who has been convicted of committing or attempting to commit any of the following felony offenses: (1) financial institution fraud under Section 17-10.6 of the Criminal Code of 1961 or the Criminal Code of 2012; (2) identity theft under Section 16-30 of the Criminal Code of 1961 or the Criminal Code of 2012; (3) financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 1961 or the Criminal Code of 2012; (4) computer tampering under Section 17-51 of the Criminal Code of 1961 or the Criminal Code of 2012; (5) aggravated computer tampering under Section 17-52 of the Criminal Code of 1961 or the Criminal Code of 2012; (6) computer fraud under Section 17-50 of the Criminal Code of 1961 or the Criminal Code of 2012; (7) deceptive practices under Section 17-1 of the Criminal Code of 1961 or the Criminal Code of 2012; (8) forgery under Section 17-3 of the Criminal Code of 1961 or the Criminal Code of 2012; (9) State benefits fraud under Section 17-6 of the Criminal Code of 1961 or the Criminal Code of 2012; (10) mail fraud and wire fraud under Section 17-24 of the Criminal Code of 1961 or the Criminal Code of 2012; (11) theft under paragraphs (1.1) through (11) of subsection (b) of Section 16-1 of the Criminal Code of 1961 or the Criminal Code of 2012. (b-2) Notwithstanding subsection (b-1), the Department may make an exception and, for child care facilities other than foster family homes, issue a new child care facility license to or renew the existing child care facility license of an applicant, a person employed by a child care facility, or an applicant who has an adult residing in a home child care facility who was convicted of an offense described in subsection (b-1), provided that all of the following requirements are met: (1) The relevant criminal offense occurred more than 5 years prior to the date of application or renewal, except for drug offenses. The relevant drug offense must have occurred more than 10 years prior to the date of application or renewal, unless the applicant passed a drug test, arranged and paid for by the child care facility, no less than 5 years after the offense. (2) The Department must conduct a background check and assess all convictions and recommendations of the child care facility to determine if hiring or licensing the applicant is in accordance with Department administrative rules and procedures. (3) The applicant meets all other requirements and qualifications to be licensed as the pertinent type of child care facility under this Act and the Department's administrative rules. (c) In addition to the other provisions of this Section, no applicant may receive a license from the Department to operate a foster family home, and no adult person may reside in a foster family home licensed by the Department, who has been convicted of committing or attempting to commit any of the following offenses stipulated under the Criminal Code of 1961, the Criminal Code of 2012, the Cannabis Control Act, the Methamphetamine Control and Community Protection Act, and the Illinois Controlled Substances Act: (I) OFFENSES DIRECTED AGAINST THE PERSON (A) KIDNAPPING AND RELATED OFFENSES (1) Unlawful restraint. (B) BODILY HARM (2) Felony aggravated assault. (3) Vehicular endangerment. (4) Felony domestic battery. (5) Aggravated battery. (6) Heinous battery. (7) Aggravated battery with a firearm. (8) Aggravated battery of an unborn child. (9) Aggravated battery of a senior citizen. (10) Intimidation. (11) Compelling organization membership of persons. (12) Abuse and criminal neglect of a long term care facility resident. (13) Felony violation of an order of protection. (II) OFFENSES DIRECTED AGAINST PROPERTY (14) Felony theft. (15) Robbery. (16) Armed robbery. (17) Aggravated robbery. (18) Vehicular hijacking. (19) Aggravated vehicular hijacking. (20) Burglary. (21) Possession of burglary tools. (22) Residential burglary. (23) Criminal fortification of a residence or building. (24) Arson. (25) Aggravated arson. (26) Possession of explosive or explosive incendiary devices. (III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY (27) Felony unlawful use of weapons. (28) Aggravated discharge of a firearm. (29) Reckless discharge of a firearm. (30) Unlawful use of metal piercing bullets. (31) Unlawful sale or delivery of firearms on the premises of any school. (32) Disarming a police officer. (33) Obstructing justice. (34) Concealing or aiding a fugitive. (35) Armed violence. (36) Felony contributing to the criminal delinquency of a juvenile. (IV) DRUG OFFENSES (37) Possession of more than 30 grams of cannabis. (38) Manufacture of more than 10 grams of cannabis. (39) Cannabis trafficking. (40) Delivery of cannabis on school grounds. (41) Unauthorized production of more than 5 cannabis sativa plants. (42) Calculated criminal cannabis conspiracy. (43) Unauthorized manufacture or delivery of controlled substances. (44) Controlled substance trafficking. (45) Manufacture, distribution, or advertisement of look-alike substances. (46) Calculated criminal drug conspiracy. (46.5) Streetgang criminal drug conspiracy. (47) Permitting unlawful use of a building. (48) Delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property. (49) Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look-alike substances. (50) Delivery of controlled substances. (51) Sale or delivery of drug paraphernalia. (52) Felony possession, sale, or exchange of instruments adapted for use of a controlled substance, methamphetamine, or cannabis by subcutaneous injection. (53) Any violation of the Methamphetamine Control and Community Protection Act. (d) Notwithstanding subsection (c), the Department may make an exception and issue a new foster family home license or may renew an existing foster family home license of an applicant who was convicted of an offense described in subsection (c), provided all of the following requirements are met: (1) The relevant criminal offense or offenses occurred more than 10 years prior to the date of application or renewal. (2) The applicant had previously disclosed the conviction or convictions to the Department for purposes of a background check. (3) After the disclosure, the Department either placed a child in the home or the foster family home license was issued. (4) During the background check, the Department had assessed and waived the conviction in compliance with the existing statutes and rules in effect at the time of the hire or licensure. (5) The applicant meets all other requirements and qualifications to be licensed as a foster family home under this Act and the Department's administrative rules. (6) The applicant has a history of providing a safe, stable home environment and appears able to continue to provide a safe, stable home environment. (e) In evaluating the exception pursuant to subsections (b-2) and (d), the Department must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to State resources or clients. In making such a determination, the following guidelines shall be used: (1) the age of the applicant when the offense was committed; (2) the circumstances surrounding the offense; (3) the length of time since the conviction; (4) the specific duties and responsibilities necessarily related to the license being applied for and the bearing, if any, that the applicant's conviction history may have on the applicant's his or her fitness to perform these duties and responsibilities; (5) the applicant's employment references; (6) the applicant's character references and any certificates of achievement; (7) an academic transcript showing educational attainment since the disqualifying conviction; (8) a Certificate of Relief from Disabilities or Certificate of Good Conduct; and (9) anything else that speaks to the applicant's character. (Source: P.A. 101-112, eff. 7-19-19.) (225 ILCS 10/5.1) (from Ch. 23, par. 2215.1) (Text of Section before amendment by P.A. 102-982) Sec. 5.1. (a) The Department shall ensure that no day care center, group home or child care institution as defined in this Act shall on a regular basis transport a child or children with any motor vehicle unless such vehicle is operated by a person who complies with the following requirements: 1. is 21 years of age or older; 2. currently holds a valid driver's license, which has not been revoked or suspended for one or more traffic violations during the 3 years immediately prior to the date of application; 3. demonstrates physical fitness to operate vehicles by submitting the results of a medical examination conducted by a licensed physician; 4. has not been convicted of more than 2 offenses against traffic regulations governing the movement of vehicles within a twelve month period; 5. has not been convicted of reckless driving or driving under the influence or manslaughter or reckless homicide resulting from the operation of a motor vehicle within the past 3 years; 6. has signed and submitted a written statement certifying that the person he has not, through the unlawful operation of a motor vehicle, caused an accident which resulted in the death of any person within the 5 years immediately prior to the date of application. However, such day care centers, group homes and child care institutions may provide for transportation of a child or children for special outings, functions or purposes that are not scheduled on a regular basis without verification that drivers for such purposes meet the requirements of this Section. (a-5) As a means of ensuring compliance with the requirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every individual who is employed at a group home or child care institution meets those requirements. For every person individual employed at a group home or child care institution who regularly transports children in the course of performing the person's his or her duties, the Department must make the verification every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under subsection (a). In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State before the individual operates a motor vehicle to transport a child or children under the circumstances described in subsection (a). In the case of an individual employed at a group home or child care institution who is subject to subsection (a) on the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State within 30 days after that effective date. If the Department discovers that an individual fails to meet the requirements set forth in subsection (a), the Department shall promptly notify the appropriate group home or child care institution. (b) Any individual who holds a valid Illinois school bus driver permit issued by the Secretary of State pursuant to The Illinois Vehicle Code, and who is currently employed by a school district or parochial school, or by a contractor with a school district or parochial school, to drive a school bus transporting children to and from school, shall be deemed in compliance with the requirements of subsection (a). (c) The Department may, pursuant to Section 8 of this Act, revoke the license of any day care center, group home or child care institution that fails to meet the requirements of this Section. (d) A group home or child care institution that fails to meet the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense. (Source: P.A. 94-943, eff. 1-1-07.) (Text of Section after amendment by P.A. 102-982) Sec. 5.1. (a) The Department shall ensure that no day care center, group home or child care institution as defined in this Act shall on a regular basis transport a child or children with any motor vehicle unless such vehicle is operated by a person who complies with the following requirements: 1. is 21 years of age or older; 2. currently holds a valid driver's license, which has not been revoked or suspended for one or more traffic violations during the 3 years immediately prior to the date of application; 3. demonstrates physical fitness to operate vehicles by submitting the results of a medical examination conducted by a licensed physician; 4. has not been convicted of more than 2 offenses against traffic regulations governing the movement of vehicles within a twelve month period; 5. has not been convicted of reckless driving or driving under the influence or manslaughter or reckless homicide resulting from the operation of a motor vehicle within the past 3 years; 6. has signed and submitted a written statement certifying that the person he has not, through the unlawful operation of a motor vehicle, caused a crash which resulted in the death of any person within the 5 years immediately prior to the date of application. However, such day care centers, group homes and child care institutions may provide for transportation of a child or children for special outings, functions or purposes that are not scheduled on a regular basis without verification that drivers for such purposes meet the requirements of this Section. (a-5) As a means of ensuring compliance with the requirements set forth in subsection (a), the Department shall implement appropriate measures to verify that every individual who is employed at a group home or child care institution meets those requirements. For every person individual employed at a group home or child care institution who regularly transports children in the course of performing the person's his or her duties, the Department must make the verification every 2 years. Upon the Department's request, the Secretary of State shall provide the Department with the information necessary to enable the Department to make the verifications required under subsection (a). In the case of an individual employed at a group home or child care institution who becomes subject to subsection (a) for the first time after the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State before the individual operates a motor vehicle to transport a child or children under the circumstances described in subsection (a). In the case of an individual employed at a group home or child care institution who is subject to subsection (a) on the effective date of this amendatory Act of the 94th General Assembly, the Department must make that verification with the Secretary of State within 30 days after that effective date. If the Department discovers that an individual fails to meet the requirements set forth in subsection (a), the Department shall promptly notify the appropriate group home or child care institution. (b) Any individual who holds a valid Illinois school bus driver permit issued by the Secretary of State pursuant to The Illinois Vehicle Code, and who is currently employed by a school district or parochial school, or by a contractor with a school district or parochial school, to drive a school bus transporting children to and from school, shall be deemed in compliance with the requirements of subsection (a). (c) The Department may, pursuant to Section 8 of this Act, revoke the license of any day care center, group home or child care institution that fails to meet the requirements of this Section. (d) A group home or child care institution that fails to meet the requirements of this Section is guilty of a petty offense and is subject to a fine of not more than $1,000. Each day that a group home or child care institution fails to meet the requirements of this Section is a separate offense. (Source: P.A. 102-982, eff. 7-1-23.) (225 ILCS 10/5.3) Sec. 5.3. Lunches in day care homes. In order to increase the affordability and availability of day care, a day care home licensed under this Act may allow any child it receives to bring the child's his or her lunch for consumption instead of or in addition to the lunch provided by the day care home. (Source: P.A. 90-242, eff. 1-1-98.) (225 ILCS 10/7) (from Ch. 23, par. 2217) Sec. 7. (a) The Department must prescribe and publish minimum standards for licensing that apply to the various types of facilities for child care defined in this Act and that are equally applicable to like institutions under the control of the Department and to foster family homes used by and under the direct supervision of the Department. The Department shall seek the advice and assistance of persons representative of the various types of child care facilities in establishing such standards. The standards prescribed and published under this Act take effect as provided in the Illinois Administrative Procedure Act, and are restricted to regulations pertaining to the following matters and to any rules and regulations required or permitted by any other Section of this Act: (1) The operation and conduct of the facility and responsibility it assumes for child care; (2) The character, suitability and qualifications of the applicant and other persons directly responsible for the care and welfare of children served. All child day care center licensees and employees who are required to report child abuse or neglect under the Abused and Neglected Child Reporting Act shall be required to attend training on recognizing child abuse and neglect, as prescribed by Department rules; (3) The general financial ability and competence of the applicant to provide necessary care for children and to maintain prescribed standards; (4) The number of individuals or staff required to insure adequate supervision and care of the children received. The standards shall provide that each child care institution, maternity center, day care center, group home, day care home, and group day care home shall have on its premises during its hours of operation at least one staff member certified in first aid, in the Heimlich maneuver and in cardiopulmonary resuscitation by the American Red Cross or other organization approved by rule of the Department. Child welfare agencies shall not be subject to such a staffing requirement. The Department may offer, or arrange for the offering, on a periodic basis in each community in this State in cooperation with the American Red Cross, the American Heart Association or other appropriate organization, voluntary programs to train operators of foster family homes and day care homes in first aid and cardiopulmonary resuscitation; (5) The appropriateness, safety, cleanliness, and general adequacy of the premises, including maintenance of adequate fire prevention and health standards conforming to State laws and municipal codes to provide for the physical comfort, care, and well-being of children received; (6) Provisions for food, clothing, educational opportunities, program, equipment and individual supplies to assure the healthy physical, mental, and spiritual development of children served; (7) Provisions to safeguard the legal rights of children served; (8) Maintenance of records pertaining to the admission, progress, health, and discharge of children, including, for day care centers and day care homes, records indicating each child has been immunized as required by State regulations. The Department shall require proof that children enrolled in a facility have been immunized against Haemophilus Influenzae B (HIB); (9) Filing of reports with the Department; (10) Discipline of children; (11) Protection and fostering of the particular religious faith of the children served; (12) Provisions prohibiting firearms on day care center premises except in the possession of peace officers; (13) Provisions prohibiting handguns on day care home premises except in the possession of peace officers or other adults who must possess a handgun as a condition of employment and who reside on the premises of a day care home; (14) Provisions requiring that any firearm permitted on day care home premises, except handguns in the possession of peace officers, shall be kept in a disassembled state, without ammunition, in locked storage, inaccessible to children and that ammunition permitted on day care home premises shall be kept in locked storage separate from that of disassembled firearms, inaccessible to children; (15) Provisions requiring notification of parents or guardians enrolling children at a day care home of the presence in the day care home of any firearms and ammunition and of the arrangements for the separate, locked storage of such firearms and ammunition; (16) Provisions requiring all licensed child care facility employees who care for newborns and infants to complete training every 3 years on the nature of sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS), and the safe sleep recommendations of the American Academy of Pediatrics; and (17) With respect to foster family homes, provisions requiring the Department to review quality of care concerns and to consider those concerns in determining whether a foster family home is qualified to care for children. By July 1, 2022, all licensed day care home providers, licensed group day care home providers, and licensed day care center directors and classroom staff shall participate in at least one training that includes the topics of early childhood social emotional learning, infant and early childhood mental health, early childhood trauma, or adverse childhood experiences. Current licensed providers, directors, and classroom staff shall complete training by July 1, 2022 and shall participate in training that includes the above topics at least once every 3 years. (b) If, in a facility for general child care, there are children diagnosed as mentally ill or children diagnosed as having an intellectual or physical disability, who are determined to be in need of special mental treatment or of nursing care, or both mental treatment and nursing care, the Department shall seek the advice and recommendation of the Department of Human Services, the Department of Public Health, or both Departments regarding the residential treatment and nursing care provided by the institution. (c) The Department shall investigate any person applying to be licensed as a foster parent to determine whether there is any evidence of current drug or alcohol abuse in the prospective foster family. The Department shall not license a person as a foster parent if drug or alcohol abuse has been identified in the foster family or if a reasonable suspicion of such abuse exists, except that the Department may grant a foster parent license to an applicant identified with an alcohol or drug problem if the applicant has successfully participated in an alcohol or drug treatment program, self-help group, or other suitable activities and if the Department determines that the foster family home can provide a safe, appropriate environment and meet the physical and emotional needs of children. (d) The Department, in applying standards prescribed and published, as herein provided, shall offer consultation through employed staff or other qualified persons to assist applicants and licensees in meeting and maintaining minimum requirements for a license and to help them otherwise to achieve programs of excellence related to the care of children served. Such consultation shall include providing information concerning education and training in early childhood development to providers of day care home services. The Department may provide or arrange for such education and training for those providers who request such assistance. (e) The Department shall distribute copies of licensing standards to all licensees and applicants for a license. Each licensee or holder of a permit shall distribute copies of the appropriate licensing standards and any other information required by the Department to child care facilities under its supervision. Each licensee or holder of a permit shall maintain appropriate documentation of the distribution of the standards. Such documentation shall be part of the records of the facility and subject to inspection by authorized representatives of the Department. (f) The Department shall prepare summaries of day care licensing standards. Each licensee or holder of a permit for a day care facility shall distribute a copy of the appropriate summary and any other information required by the Department, to the legal guardian of each child cared for in that facility at the time when the child is enrolled or initially placed in the facility. The licensee or holder of a permit for a day care facility shall secure appropriate documentation of the distribution of the summary and brochure. Such documentation shall be a part of the records of the facility and subject to inspection by an authorized representative of the Department. (g) The Department shall distribute to each licensee and holder of a permit copies of the licensing or permit standards applicable to such person's facility. Each licensee or holder of a permit shall make available by posting at all times in a common or otherwise accessible area a complete and current set of licensing standards in order that all employees of the facility may have unrestricted access to such standards. All employees of the facility shall have reviewed the standards and any subsequent changes. Each licensee or holder of a permit shall maintain appropriate documentation of the current review of licensing standards by all employees. Such records shall be part of the records of the facility and subject to inspection by authorized representatives of the Department. (h) Any standards involving physical examinations, immunization, or medical treatment shall include appropriate exemptions for children whose parents object thereto on the grounds that they conflict with the tenets and practices of a recognized church or religious organization, of which the parent is an adherent or member, and for children who should not be subjected to immunization for clinical reasons. (i) The Department, in cooperation with the Department of Public Health, shall work to increase immunization awareness and participation among parents of children enrolled in day care centers and day care homes by publishing on the Department's website information about the benefits of immunization against vaccine preventable diseases, including influenza and pertussis. The information for vaccine preventable diseases shall include the incidence and severity of the diseases, the availability of vaccines, and the importance of immunizing children and persons who frequently have close contact with children. The website content shall be reviewed annually in collaboration with the Department of Public Health to reflect the most current recommendations of the Advisory Committee on Immunization Practices (ACIP). The Department shall work with day care centers and day care homes licensed under this Act to ensure that the information is annually distributed to parents in August or September. (j) Any standard adopted by the Department that requires an applicant for a license to operate a day care home to include a copy of a high school diploma or equivalent certificate with the person's his or her application shall be deemed to be satisfied if the applicant includes a copy of a high school diploma or equivalent certificate or a copy of a degree from an accredited institution of higher education or vocational institution or equivalent certificate. (Source: P.A. 102-4, eff. 4-27-21.) (225 ILCS 10/7.2) (from Ch. 23, par. 2217.2) Sec. 7.2. Employer discrimination. (a) For purposes of this Section, "employer" means a licensee or holder of a permit subject to this Act. "Employee" means an employee of such an employer. (b) No employer shall discharge, demote or suspend, or threaten to discharge, demote or suspend, or in any manner discriminate against any employee who: (1) Makes any good faith oral or written complaint of any employer's violation of any licensing or other laws (including but not limited to laws concerning child abuse or the transportation of children) which may result in closure of the facility pursuant to Section 11.2 of this Act to the Department or other agency having statutory responsibility for the enforcement of such laws or to the employer or representative of the employer; (2) Institutes or causes to be instituted against any employer any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 of this Act; (3) Is or will be a witness or testify in any proceeding concerning the violation of any licensing or other laws, including a proceeding to revoke or to refuse to renew a license under Section 9 of this Act; or (4) Refuses to perform work in violation of a licensing or other law or regulation after notifying the employer of the violation. (c)(1) A claim by an employee alleging an employer's violation of subsection (b) of this Section shall be presented to the employer within 30 days after the date of the action complained of and shall be filed with the Department of Labor within 60 days after the date of the action complained of. (2) Upon receipt of the complaint, the Department of Labor shall conduct whatever investigation it deems appropriate, and may hold a hearing. After investigation or hearing, the Department of Labor shall determine whether the employer has violated subsection (b) of this Section and it shall notify the employer and the employee of its determination. (3) If the Department of Labor determines that the employer has violated subsection (b) of this Section, and the employer refuses to take remedial action to comply with the determination, the Department of Labor shall so notify the Attorney General, who shall bring an action against the employer in the circuit court seeking enforcement of its determination. The court may order any appropriate relief, including rehiring and reinstatement of the employee to the person's his or her former position with backpay and other benefits. (d) Except for any grievance procedure, arbitration or hearing which is available to the employee pursuant to a collective bargaining agreement, this Section shall be the exclusive remedy for an employee complaining of any action described in subsection (b). (e) Any employer who willfully wilfully refuses to rehire, promote or otherwise restore an employee or former employee who has been determined eligible for rehiring or promotion as a result of any grievance procedure, arbitration or hearing authorized by law shall be guilty of a Class A misdemeanor. (Source: P.A. 85-987.) (225 ILCS 10/7.3) Sec. 7.3. Children placed by private child welfare agency. (a) Before placing a child who is a youth in care in a foster family home, a private child welfare agency must ascertain (i) whether any other children who are youth in care have been placed in that home and (ii) whether every such child who has been placed in that home continues to reside in that home, unless the child has been transferred to another placement or is no longer a youth in care. The agency must keep a record of every other child welfare agency that has placed such a child in that foster family home; the record must include the name and telephone number of a contact person at each such agency. (b) At least once every 30 days, a private child welfare agency that places youth in care in foster family homes must make a site visit to every such home where it has placed a youth in care. The purpose of the site visit is to verify that the child continues to reside in that home and to verify the child's safety and well-being. The agency must document the verification in its records. If a private child welfare agency fails to comply with the requirements of this subsection, the Department must suspend all payments to the agency until the agency complies. (c) The Department must periodically (but no less often than once every 6 months) review the child placement records of each private child welfare agency that places youth in care. (d) If a child placed in a foster family home is missing, the foster parent must promptly report that fact to the Department or to the child welfare agency that placed the child in the home. If the foster parent fails to make such a report, the Department shall put the home on hold for the placement of other children and initiate corrective action that may include revocation of the foster parent's license to operate the foster family home. A foster parent who knowingly and willfully fails to report a missing foster child under this subsection is guilty of a Class A misdemeanor. (e) If a private child welfare agency determines that a youth in care whom it has placed in a foster family home no longer resides in that home, the agency must promptly report that fact to the Department. If the agency fails to make such a report, the Department shall put the agency on hold for the placement of other children and initiate corrective action that may include revocation of the agency's license. (f) When a child is missing from a foster home, the Department or private agency in charge of case management shall report regularly to the foster parent concerning efforts to locate the missing child. (g) The Department must strive to account for the status and whereabouts of every one of its youth in care who it determines is not residing in the authorized placement in which the youth he or she was placed. (Source: P.A. 100-159, eff. 8-18-17.) (225 ILCS 10/7.4) Sec. 7.4. Disclosures. (a) Every licensed child welfare agency providing adoption services shall provide to all prospective clients and to the public written disclosures with respect to its adoption services, policies, and practices, including general eligibility criteria, fees, and the mutual rights and responsibilities of clients, including birth biological parents and adoptive parents. The written disclosure shall be posted on any website maintained by the child welfare agency that relates to adoption services. The Department shall adopt rules relating to the contents of the written disclosures. Eligible agencies may be deemed compliant with this subsection (a). (b) Every licensed child welfare agency providing adoption services shall provide to all applicants, prior to application, a written schedule of estimated fees, expenses, and refund policies. Every child welfare agency providing adoption services shall have a written policy that shall be part of its standard adoption contract and state that it will not charge additional fees and expenses beyond those disclosed in the adoption contract unless additional fees are reasonably required by the circumstances and are disclosed to the adoptive parents or parent before they are incurred. The Department shall adopt rules relating to the contents of the written schedule and policy. Eligible agencies may be deemed compliant with this subsection (b). (c) Every licensed child welfare agency providing adoption services must make full and fair disclosure to its clients, including birth biological parents and adoptive parents, of all circumstances material to the placement of a child for adoption. The Department shall adopt rules necessary for the implementation and regulation of the requirements of this subsection (c). (c-5) Whenever a licensed child welfare agency places a child in a licensed foster family home or an adoption-only home, the agency shall provide the following to the caretaker or prospective adoptive parent: (1) Available detailed information concerning the child's educational and health history, copies of immunization records (including insurance and medical card information), a history of the child's previous placements, if any, and reasons for placement changes, excluding any information that identifies or reveals the location of any previous caretaker. (2) A copy of the child's portion of the client service plan, including any visitation arrangement, and all amendments or revisions to it as related to the child. (3) Information containing details of the child's individualized educational plan when the child is receiving special education services. (4) Any known social or behavioral information (including, but not limited to, criminal background, fire setting, perpetration of sexual abuse, destructive behavior, and substance abuse) necessary to care for and safeguard the child. The agency may prepare a written summary of the information required by this subsection, which may be provided to the foster or prospective adoptive parent in advance of a placement. The foster or prospective adoptive parent may review the supporting documents in the child's file in the presence of casework staff. In the case of an emergency placement, casework staff shall at least provide information verbally, if necessary, and must subsequently provide the information in writing as required by this subsection. In the case of emergency placements when time does not allow prior review, preparation, and collection of written information, the agency shall provide such information as it becomes available. The Department shall adopt rules necessary for the implementation and regulation of the requirements of this subsection (c-5). (d) Every licensed child welfare agency providing adoption services shall meet minimum standards set forth by the Department concerning the taking or acknowledging of a consent prior to taking or acknowledging a consent from a prospective birth biological parent. The Department shall adopt rules concerning the minimum standards required by agencies under this Section. (Source: P.A. 99-833, eff. 1-1-17.) (225 ILCS 10/7.6) Sec. 7.6. Annual report. Every licensed child welfare agency providing adoption services shall file an annual report with the Department and with the Attorney General on forms and on a date prescribed by the Department. The annual reports for the preceding 2 years must be made available, upon request, to the public by the Department and every licensed agency and must be included on the website of the Department. Each licensed agency that maintains a website shall provide the reports on its website. The annual report shall include all of the following matters and all other matters required by the Department: (1) a balance sheet and a statement of income and expenses for the year, certified by an independent public accountant; for purposes of this item (1), the audit report filed by an agency with the Department may be included in the annual report and, if so, shall be sufficient to comply with the requirement of this item (1); (2) non-identifying information concerning the placements made by the agency during the year, consisting of the number of adoptive families in the process of obtaining approval for an adoption-only home, the number of adoptive families that are approved and awaiting placement, the number of birth biological parents that the agency is actively working with, the number of placements, and the number of adoptions initiated during the year and the status of each matter at the end of the year; (3) any instance during the year in which the agency lost the right to provide adoption services in any State or country, had its license suspended for cause, or was the subject of other sanctions by any court, governmental agency, or governmental regulatory body relating to the provision of adoption services; (4) any actions related to licensure that were initiated against the agency during the year by a licensing or accrediting body; (5) any pending investigations by federal or State authorities; (6) any criminal charges, child abuse charges, malpractice complaints, or lawsuits against the agency or any of its employees, officers, or directors related to the provision of adoption services and the basis or disposition of the actions; (7) any instance in the year where the agency was found guilty of, or pled guilty to, any criminal or civil or administrative violation under federal, State, or foreign law that relates to the provision of adoption services; (8) any instance in the year where any employee, officer, or director of the agency was found guilty of any crime or was determined to have violated a civil law or administrative rule under federal, State, or foreign law relating to the provision of adoption services; and (9) any civil or administrative proceeding instituted by the agency during the year and relating to adoption services, excluding uncontested adoption proceedings and proceedings filed pursuant to Section 12a of the Adoption Act. Failure to disclose information required under this Section may result in the suspension of the agency's license for a period of 90 days. Subsequent violations may result in revocation of the license. Information disclosed in accordance with this Section shall be subject to the applicable confidentiality requirements of this Act and the Adoption Act. (Source: P.A. 99-833, eff. 1-1-17.) (225 ILCS 10/7.7) Sec. 7.7. Certain waivers prohibited. Licensed child welfare agencies providing adoption services shall not require birth biological or adoptive parents to sign any document that purports to waive claims against an agency for intentional or reckless acts or omissions or for gross negligence. Nothing in this Section shall require an agency to assume risks that are not within the reasonable control of the agency. (Source: P.A. 94-586, eff. 8-15-05.) (225 ILCS 10/9) (from Ch. 23, par. 2219) Sec. 9. Prior to revocation or refusal to renew a license, the Department shall notify the licensee by registered mail with postage prepaid, at the address specified on the license, or at the address of the ranking or presiding officer of a board of directors, or any equivalent body conducting a child care facility, of the contemplated action and that the licensee may, within 10 days of such notification, dating from the postmark of the registered mail, request in writing a public hearing before the Department, and, at the same time, may request a written statement of charges from the Department. (a) Upon written request by the licensee, the Department shall furnish such written statement of charges, and, at the same time, shall set the date and place for the hearing. The charges and notice of the hearing shall be delivered by registered mail with postage prepaid, and the hearing must be held within 30 days, dating from the date of the postmark of the registered mail, except that notification must be made at least 15 days in advance of the date set for the hearing. (b) If no request for a hearing is made within 10 days after notification, or if the Department determines, upon holding a hearing, that the license should be revoked or renewal denied, then the license shall be revoked or renewal denied. (c) Upon the hearing of proceedings in which the license is revoked, renewal of license is refused or full license is denied, the Director of the Department, or any officer or employee duly authorized by the Director him in writing, may administer oaths and the Department may procure, by its subpoena, the attendance of witnesses and the production of relevant books and papers. (d) At the time and place designated, the Director of the Department or the officer or employee authorized by the Director him in writing, shall hear the charges, and both the Department and the licensee shall be allowed to present in person or by counsel such statements, testimony and evidence as may be pertinent to the charges or to the defense thereto. The hearing officer may continue such hearing from time to time, but not to exceed a single period of 30 days, unless special extenuating circumstances make further continuance feasible. (Source: P.A. 83-1362.) (225 ILCS 10/9.1b) Sec. 9.1b. Complaint procedures. All child welfare agencies providing adoption services shall be required by the Department to have complaint policies and procedures that shall be provided in writing to their prospective clients, including birth biological parents, adoptive parents, and adoptees that they have served, at the earliest time possible, and, in the case of birth biological and adoptive parents, prior to placement or prior to entering into any written contract with the clients. These complaint procedures must be filed with the Department within 6 months after the effective date of this amendatory Act of the 94th General Assembly. Failure to comply with this Section may result in the suspension of licensure for a period of 90 days. Subsequent violations may result in licensure revocation. The Department shall adopt rules that describe the complaint procedures required by each agency. These rules shall include without limitation prompt complaint response time, recording of the complaints, prohibition of agency retaliation against the person making the complaint, and agency reporting of all complaints to the Department in a timely manner. Any agency that maintains a website shall post the prescribed complaint procedures and its license number, as well as the statewide toll-free complaint registry telephone number, on its website. (Source: P.A. 94-586, eff. 8-15-05.) (225 ILCS 10/12) (from Ch. 23, par. 2222) Sec. 12. Advertisements. (a) In this Section, "advertise" means communication by any public medium originating or distributed in this State, including, but not limited to, newspapers, periodicals, telephone book listings, outdoor advertising signs, radio, or television. (b) A child care facility or child welfare agency licensed or operating under a permit issued by the Department may publish advertisements for the services that the facility is specifically licensed or issued a permit under this Act to provide. A person, group of persons, agency, association, organization, corporation, institution, center, or group who advertises or causes to be published any advertisement offering, soliciting, or promising to perform adoption services as defined in Section 2.24 of this Act is guilty of a Class A misdemeanor and shall be subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement, unless that person, group of persons, agency, association, organization, corporation, institution, center, or group is (i) licensed or operating under a permit issued by the Department as a child care facility or child welfare agency, (ii) a birth biological parent or a prospective adoptive parent acting on the birth parent's or prospective adoptive parent's his or her own behalf, or (iii) a licensed attorney advertising the licensed attorney's his or her availability to provide legal services relating to adoption, as permitted by law. (c) Every advertisement published after the effective date of this amendatory Act of the 94th General Assembly shall include the Department-issued license number of the facility or agency. (d) Any licensed child welfare agency providing adoption services that, after the effective date of this amendatory Act of the 94th General Assembly, causes to be published an advertisement containing reckless or intentional misrepresentations concerning adoption services or circumstances material to the placement of a child for adoption is guilty of a Class A misdemeanor and is subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement. (e) An out-of-state agency that is not licensed in Illinois and that has a written interagency agreement with one or more Illinois licensed child welfare agencies may advertise under this Section, provided that (i) the out-of-state agency must be officially recognized by the United States Internal Revenue Service as a tax-exempt organization under 501(c)(3) of the Internal Revenue Code of 1986 (or any successor provision of federal tax law), (ii) the out-of-state agency provides only international adoption services and is covered by the Intercountry Adoption Act of 2000, (iii) the out-of-state agency displays, in the advertisement, the license number of at least one of the Illinois licensed child welfare agencies with which it has a written agreement, and (iv) the advertisements pertain only to international adoption services. Subsection (d) of this Section shall apply to any out-of-state agencies described in this subsection (e). (f) An advertiser, publisher, or broadcaster, including, but not limited to, newspapers, periodicals, telephone book publishers, outdoor advertising signs, radio stations, or television stations, who knowingly or recklessly advertises or publishes any advertisement offering, soliciting, or promising to perform adoption services, as defined in Section 2.24 of this Act, on behalf of a person, group of persons, agency, association, organization, corporation, institution, center, or group, not authorized to advertise under subsection (b) or subsection (e) of this Section, is guilty of a Class A misdemeanor and is subject to a fine not to exceed $10,000 or 9 months imprisonment for each advertisement. (g) The Department shall maintain a website listing child welfare agencies licensed by the Department that provide adoption services and other general information for birth biological parents and adoptive parents. The website shall include, but not be limited to, agency addresses, phone numbers, e-mail addresses, website addresses, annual reports as referenced in Section 7.6 of this Act, agency license numbers, the Birth Parent Bill of Rights, the Adoptive Parents Bill of Rights, and the Department's complaint registry established under Section 9.1a of this Act. The Department shall adopt any rules necessary to implement this Section. (h) Nothing in this Act shall prohibit a day care agency, day care center, day care home, or group day care home that does not provide or perform adoption services, as defined in Section 2.24 of this Act, from advertising or marketing the day care agency, day care center, day care home, or group day care home. (Source: P.A. 100-406, eff. 1-1-18.) (225 ILCS 10/14.5) Sec. 14.5. Offering, providing, or co-signing a loan or other credit accommodation. No person or entity shall offer, provide, or co-sign a loan or other credit accommodation, directly or indirectly, with a birth biological parent or a relative of a birth biological parent based on the contingency of a surrender or placement of a child for adoption. (Source: P.A. 93-1063, eff. 6-1-05.) (225 ILCS 10/14.7) Sec. 14.7. Payments to birth biological parents. (a) Payment of reasonable living expenses by a child welfare agency shall not obligate the birth biological parents to place the child for adoption. In the event that the birth biological parents choose not to place the child for adoption, the child welfare agency shall have no right to seek reimbursement from the birth biological parents, or from any relative of the birth biological parents, of moneys paid to, or on behalf of, the birth biological parents, except as provided in subsection (b) of this Section. (b) Notwithstanding subsection (a) of this Section, a child welfare agency may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in subsection (a) of this Section, knows that the person on whose behalf they are accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one child welfare agency without the agencies' knowledge. (Source: P.A. 94-586, eff. 8-15-05.) (225 ILCS 10/18) (from Ch. 23, par. 2228) Sec. 18. Any person, group of persons, association or corporation who (1) conducts, operates or acts as a child care facility without a license or permit to do so in violation of Section 3 of this Act; (2) makes materially false statements in order to obtain a license or permit; (3) fails to keep the records and make the reports provided under this Act; (4) advertises any service not authorized by license or permit held; (5) publishes any advertisement in violation of this Act; (6) receives within this State any child in violation of Section 16 of this Act; or (7) violates any other provision of this Act or any reasonable rule or regulation adopted and published by the Department for the enforcement of the provisions of this Act, is guilty of a Class A misdemeanor and in case of an association or corporation, imprisonment may be imposed upon its officers who knowingly participated in the violation. Any child care facility that continues to operate after its license is revoked under Section 8 of this Act or after its license expires and the Department refused to renew the license as provided in Section 8 of this Act is guilty of a business offense and shall be fined an amount in excess of $500 but not exceeding $10,000, and each day of violation is a separate offense. In a prosecution under this Act, a defendant who relies upon the relationship of any child to the defendant himself has the burden of proof as to that relationship. (Source: P.A. 83-1362.) Section 50. The Abandoned Newborn Infant Protection Act is amended by changing Sections 10, 15, 30, and 35 as follows: (325 ILCS 2/10) Sec. 10. Definitions. In this Act: "Abandon" has the same meaning as in the Abused and Neglected Child Reporting Act. "Abused child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Child-placing agency" means a licensed public or private agency that receives a child for the purpose of placing or arranging for the placement of the child in a foster family home or other facility for child care, apart from the custody of the child's parents. "Department" or "DCFS" means the Illinois Department of Children and Family Services. "Emergency medical facility" means a freestanding emergency center or trauma center, as defined in the Emergency Medical Services (EMS) Systems Act. "Emergency medical professional" includes licensed physicians, and any emergency medical technician, emergency medical technician-intermediate, advanced emergency medical technician, paramedic, trauma nurse specialist, and pre-hospital registered nurse, as defined in the Emergency Medical Services (EMS) Systems Act. "Fire station" means a fire station within the State with at least one staff person. "Hospital" has the same meaning as in the Hospital Licensing Act. "Legal custody" means the relationship created by a court order in the best interest of a newborn infant that imposes on the infant's custodian the responsibility of physical possession of the infant, the duty to protect, train, and discipline the infant, and the duty to provide the infant with food, shelter, education, and medical care, except as these are limited by parental rights and responsibilities. "Neglected child" has the same meaning as in the Abused and Neglected Child Reporting Act. "Newborn infant" means a child who a licensed physician reasonably believes is 30 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, and who is not an abused or a neglected child. "Police station" means a municipal police station, a county sheriff's office, a campus police department located on any college or university owned or controlled by the State or any private college or private university that is not owned or controlled by the State when employees of the campus police department are present, or any of the district headquarters of the Illinois State Police. "Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 30 days old or less, to a hospital, police station, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that the person he or she will not return for the infant. In the case of a person mother who gives birth to an infant in a hospital, the person's mother's act of leaving that newborn infant at the hospital (i) without expressing an intent to return for the infant or (ii) stating that the person she will not return for the infant is not a "relinquishment" under this Act. "Temporary protective custody" means the temporary placement of a newborn infant within a hospital or other medical facility out of the custody of the infant's parent. (Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.) (325 ILCS 2/15) Sec. 15. Presumptions. (a) There is a presumption that by relinquishing a newborn infant in accordance with this Act, the infant's parent consents to the termination of the parent's his or her parental rights with respect to the infant. (b) There is a presumption that a person relinquishing a newborn infant in accordance with this Act: (1) is the newborn infant's birth biological parent; and (2) either without expressing an intent to return for the infant or expressing an intent not to return for the infant, did intend to relinquish the infant to the hospital, police station, fire station, or emergency medical facility to treat, care for, and provide for the infant in accordance with this Act. (c) A parent of a relinquished newborn infant may rebut the presumption set forth in either subsection (a) or subsection (b) pursuant to Section 55, at any time before the termination of the parent's parental rights. (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 93-820, eff. 7-27-04.) (325 ILCS 2/30) Sec. 30. Anonymity of relinquishing person. If there is no evidence of abuse or neglect of a relinquished newborn infant, the relinquishing person has the right to remain anonymous and to leave the hospital, police station, fire station, or emergency medical facility at any time and not be pursued or followed. Before the relinquishing person leaves the hospital, police station, fire station, or emergency medical facility, the hospital, police station, fire station, or emergency medical facility personnel shall (i) verbally inform the relinquishing person that by relinquishing the child anonymously, the relinquishing person he or she will have to petition the court if the relinquishing person he or she desires to prevent the termination of parental rights and regain custody of the child and (ii) shall offer the relinquishing person the information packet described in Section 35 of this Act. However, nothing in this Act shall be construed as precluding the relinquishing person from providing the relinquishing person's his or her identity or completing the application forms for the Illinois Adoption Registry and Medical Information Exchange and requesting that the hospital, police station, fire station, or emergency medical facility forward those forms to the Illinois Adoption Registry and Medical Information Exchange. (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 93-820, eff. 7-27-04.) (325 ILCS 2/35) Sec. 35. Information for relinquishing person. (a) A hospital, police station, fire station, or emergency medical facility that receives a newborn infant relinquished in accordance with this Act must offer an information packet to the relinquishing person and, if possible, must clearly inform the relinquishing person that the relinquishing person's his or her acceptance of the information is completely voluntary. The information packet must include all of the following: (1) (Blank). (2) Written notice of the following: (A) No sooner than 60 days following the date of the initial relinquishment of the infant to a hospital, police station, fire station, or emergency medical facility, the child-placing agency or the Department will commence proceedings for the termination of parental rights and placement of the infant for adoption. (B) Failure of a parent of the infant to contact the Department and petition for the return of custody of the infant before termination of parental rights bars any future action asserting legal rights with respect to the infant. (3) A resource list of providers of counseling services including grief counseling, pregnancy counseling, and counseling regarding adoption and other available options for placement of the infant. Upon request of a parent, the Department of Public Health shall provide the application forms for the Illinois Adoption Registry and Medical Information Exchange. (b) The information packet given to a relinquishing parent in accordance with this Act shall include, in addition to other information required under this Act, the following: (1) A brochure (with a self-mailer attached) that describes this Act and the rights of birth parents, including an optional section for the parent to complete and mail to the Department of Children and Family Services, that shall ask for basic anonymous background information about the relinquished child. This brochure shall be maintained by the Department on its website. (2) A brochure that describes the Illinois Adoption Registry, including a toll-free number and website information. This brochure shall be maintained on the Office of Vital Records website. (3) A brochure describing postpartum health information for the mother. The information packet shall be designed in coordination between the Office of Vital Records and the Department of Children and Family Services, with the exception of the resource list of providers of counseling services and adoption agencies, which shall be provided by the hospital, fire station, police station, sheriff's office, or emergency medical facility. (Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.) Section 55. The Abused and Neglected Child Reporting Act is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5, 5, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a, 11.3, 11.5, and 11.8 as follows: (325 ILCS 5/2.1) (from Ch. 23, par. 2052.1) Sec. 2.1. Any person or family seeking assistance in meeting child care responsibilities may use the services and facilities established by this Act which may assist in meeting such responsibilities. Whether or not the problem presented constitutes child abuse or neglect, such persons or families shall be referred to appropriate resources or agencies. No person seeking assistance under this Section shall be required to give the person's his name or any other identifying information. (Source: P.A. 81-1077.) (325 ILCS 5/3) (from Ch. 23, par. 2053) Sec. 3. As used in this Act unless the context otherwise requires: "Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" shall be used in determining whether an adult resident is abused or neglected. "Agency" means a child care facility licensed under Section 2.05 or Section 2.06 of the Child Care Act of 1969 and includes a transitional living program that accepts children and adult residents for placement who are in the guardianship of the Department. "Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. With respect to a person working at an agency in the person's his or her professional capacity with a child or adult resident, "blatant disregard" includes a failure by the person to perform job responsibilities intended to protect the child's or adult resident's health, physical well-being, or welfare, and, when viewed in light of the surrounding circumstances, evidence exists that would cause a reasonable person to believe that the child was neglected. With respect to an agency, "blatant disregard" includes a failure to implement practices that ensure the health, physical well-being, or welfare of the children and adult residents residing in the facility. "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services. "Department" means Department of Children and Family Services. "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois State Police. "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (b) creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (c) commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending those definitions of sex offenses to include children under 18 years of age; (d) commits or allows to be committed an act or acts of torture upon such child; (e) inflicts excessive corporal punishment or, in the case of a person working for an agency who is prohibited from using corporal punishment, inflicts corporal punishment upon a child or adult resident with whom the person is working in the person's his or her professional capacity; (f) commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child; (g) causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription; (h) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 2012 against the child; or (i) commits the offense of grooming, as defined in Section 11-25 of the Criminal Code of 2012, against the child. A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for the child's his or her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of a blatant disregard of parent, caretaker, person responsible for the child's welfare, or agency responsibilities; or who is abandoned by the child's his or her parents or other person responsible for the child's welfare without a proper plan of care; or 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 refuses 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; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the person who gave birth mother or the newborn infant. A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for the child's his or her welfare has left the child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for the child's his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of The School Code, as amended. "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform the duties and responsibilities as provided under Section 7.2 of this Act. "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition, including acts of great bodily harm inflicted upon children under 13 years of age, and as otherwise defined by Department rule. "Great bodily harm" includes bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm. "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including any person who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, including, but not limited to, the custodian of the minor, or any person who came to know the child through an official capacity or position of trust, including, but not limited to, health care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect. "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible evidence of abuse or neglect exists. "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged abuse or neglect exists. "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an investigation on the basis of information provided to the Department. "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim or other person responsible for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or neglect. "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect. "Member of the clergy" means a clergyperson clergyman or practitioner of any religious denomination accredited by the religious body to which the clergyperson or practitioner he or she belongs. (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 102-813, eff. 5-13-22.) (325 ILCS 5/4) Sec. 4. Persons required to report; privileged communications; transmitting false report. (a) The following persons are required to immediately report to the Department when they have reasonable cause to believe that a child known to them in their professional or official capacities may be an abused child or a neglected child: (1) Medical personnel, including any: physician licensed to practice medicine in any of its branches (medical doctor or doctor of osteopathy); resident; intern; medical administrator or personnel engaged in the examination, care, and treatment of persons; psychiatrist; surgeon; dentist; dental hygienist; chiropractic physician; podiatric physician; physician assistant; emergency medical technician; physical therapist; physical therapy assistant; occupational therapist; occupational therapy assistant; acupuncturist; registered nurse; licensed practical nurse; advanced practice registered nurse; genetic counselor; respiratory care practitioner; home health aide; or certified nursing assistant. (2) Social services and mental health personnel, including any: licensed professional counselor; licensed clinical professional counselor; licensed social worker; licensed clinical social worker; licensed psychologist or assistant working under the direct supervision of a psychologist; associate licensed marriage and family therapist; licensed marriage and family therapist; field personnel of the Departments of Healthcare and Family Services, Public Health, Human Services, Human Rights, or Children and Family Services; supervisor or administrator of the General Assistance program established under Article VI of the Illinois Public Aid Code; social services administrator; or substance abuse treatment personnel. (3) Crisis intervention personnel, including any: crisis line or hotline personnel; or domestic violence program personnel. (4) Education personnel, including any: school personnel (including administrators and certified and non-certified school employees); personnel of institutions of higher education; educational advocate assigned to a child in accordance with the School Code; member of a school board or the Chicago Board of Education or the governing body of a private school (but only to the extent required under subsection (d)); or truant officer. (5) Recreation or athletic program or facility personnel; or an athletic trainer. (6) Child care personnel, including any: early intervention provider as defined in the Early Intervention Services System Act; director or staff assistant of a nursery school or a child day care center; or foster parent, homemaker, or child care worker. (7) Law enforcement personnel, including any: law enforcement officer; field personnel of the Department of Juvenile Justice; field personnel of the Department of Corrections; probation officer; or animal control officer or field investigator of the Department of Agriculture's Bureau of Animal Health and Welfare. (8) Any funeral home director; funeral home director and embalmer; funeral home employee; coroner; or medical examiner. (9) Any member of the clergy. (10) Any physician, physician assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, licensed social worker, licensed clinical social worker, or licensed professional counselor of any office, clinic, licensed behavior analyst, licensed assistant behavior analyst, or any other physical location that provides abortions, abortion referrals, or contraceptives. (b) When 2 or more persons who work within the same workplace and are required to report under this Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report. The report shall include the names and contact information for the other mandated reporters sharing the reasonable cause to believe that a child may be an abused or neglected child. The designated reporter must provide written confirmation of the report to those mandated reporters within 48 hours. If confirmation is not provided, those mandated reporters are individually responsible for immediately ensuring a report is made. Nothing in this Section precludes or may be used to preclude any person from reporting child abuse or child neglect. (c)(1) As used in this Section, "a child known to them in their professional or official capacities" means: (A) the mandated reporter comes into contact with the child in the course of the reporter's employment or practice of a profession, or through a regularly scheduled program, activity, or service; (B) the mandated reporter is affiliated with an agency, institution, organization, school, school district, regularly established church or religious organization, or other entity that is directly responsible for the care, supervision, guidance, or training of the child; or (C) a person makes a specific disclosure to the mandated reporter that an identifiable child is the victim of child abuse or child neglect, and the disclosure happens while the mandated reporter is engaged in the reporter's his or her employment or practice of a profession, or in a regularly scheduled program, activity, or service. (2) Nothing in this Section requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. (d) If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who is enrolled in the school district of which the person he or she is a board member is an abused child as defined in Section 3 of this Act, the member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a school board member is granted the authority in that board member's his or her individual capacity to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is made by another school district for the provision of information concerning the job performance or qualifications of the current or former employee because the current or former employee he or she is an applicant for employment with the requesting school district, the general superintendent of the school district to which the request is being made must disclose to the requesting school district the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school district who is or has been the subject of a report made pursuant to this Act during the employee's his or her employment with the school district must be informed by that school district that if the employee he or she applies for employment with another school district, the general superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify that requesting school district that the employee is or was the subject of such a report. (e) Whenever such person is required to report under this Act in the person's his capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, or as a member of the clergy, the person he shall make report immediately to the Department in accordance with the provisions of this Act and may also notify the person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent of the person in charge that such report has been made. Under no circumstances shall any person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent of the person in charge to whom such notification has been made, exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department. (f) In addition to the persons required to report suspected cases of child abuse or child neglect under this Section, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child. (g) The privileged quality of communication between any professional person required to report and the professional person's his patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by this Act or constitute grounds for failure to share information or documents with the Department during the course of a child abuse or neglect investigation. If requested by the professional, the Department shall confirm in writing that the information or documents disclosed by the professional were gathered in the course of a child abuse or neglect investigation. The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and the attorney's his or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client. A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure. (h) Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who is required to make reports to the Department under this Act any reasonable suspicion that a child known to office personnel him or her in their his or her professional or official capacity may be an abused child or a neglected child. (i) Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding of the reporting requirements of this Act. On and after January 1, 2019, the statement shall also include information about available mandated reporter training provided by the Department. The statement shall be signed prior to commencement of the employment. The signed statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the employer. (j) Persons required to report child abuse or child neglect as provided under this Section must complete an initial mandated reporter training, including a section on implicit bias, within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. The initial requirement only applies to the first time they engage in their professional or official capacity. In lieu of training every 3 years, medical personnel, as listed in paragraph (1) of subsection (a), must meet the requirements described in subsection (k). The mandated reporter trainings shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) indicators for recognizing child abuse and child neglect, as defined under this Act; (ii) the process for reporting suspected child abuse and child neglect in Illinois as required by this Act and the required documentation; (iii) responding to a child in a trauma-informed manner; and (iv) understanding the response of child protective services and the role of the reporter after a call has been made. Child-serving organizations are encouraged to provide in-person annual trainings. The implicit bias section shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) implicit bias and (ii) racial and ethnic sensitivity. As used in this subsection, "implicit bias" means the attitudes or internalized stereotypes that affect people's perceptions, actions, and decisions in an unconscious manner and that exist and often contribute to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics. The implicit bias section shall provide tools to adjust automatic patterns of thinking and ultimately eliminate discriminatory behaviors. During these trainings mandated reporters shall complete the following: (1) a pretest to assess baseline implicit bias levels; (2) an implicit bias training task; and (3) a posttest to reevaluate bias levels after training. The implicit bias curriculum for mandated reporters shall be developed within one year after January 1, 2022 (the effective date of Public Act 102-604) this amendatory Act of the 102nd General Assembly and shall be created in consultation with organizations demonstrating expertise and or experience in the areas of implicit bias, youth and adolescent developmental issues, prevention of child abuse, exploitation, and neglect, culturally diverse family systems, and the child welfare system. The mandated reporter training, including a section on implicit bias, shall be provided through the Department, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Illinois Department of State Police, or through an organization approved by the Department to provide mandated reporter training, including a section on implicit bias. The Department must make available a free web-based training for reporters. Each mandated reporter shall report to the mandated reporter's his or her employer and, when applicable, to the mandated reporter's his or her licensing or certification board that the mandated reporter he or she received the mandated reporter training. The mandated reporter shall maintain records of completion. Beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and the mandated reporter's his or her profession has continuing education requirements, the training mandated under this Section shall count toward meeting the licensee's required continuing education hours. (k)(1) Medical personnel, as listed in paragraph (1) of subsection (a), who work with children in their professional or official capacity, must complete mandated reporter training at least every 6 years. Such medical personnel, if licensed, must attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. (2) In lieu of repeated training, medical personnel, as listed in paragraph (1) of subsection (a), who do not work with children in their professional or official capacity, may instead attest each time at licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Nothing in this paragraph precludes medical personnel from completing mandated reporter training and receiving continuing education credits for that training. (l) The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the provisions of this Section to report under this Act. (m) Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this provision is a Class 4 felony. Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense). (n) A child whose parent, guardian or custodian in good faith selects and depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care may be considered neglected or abused, but not for the sole reason that the child's his parent, guardian or custodian accepts and practices such beliefs. (o) A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of the School Code, as amended. (p) Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of Animal Health and Welfare. (q) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (r) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. (Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22; 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised 12-14-22.) (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1) Sec. 4.1. Any person required to report under this Act who has reasonable cause to suspect that a child has died as a result of abuse or neglect shall also immediately report the person's his suspicion to the appropriate medical examiner or coroner. Any other person who has reasonable cause to believe that a child has died as a result of abuse or neglect may report the person's his suspicion to the appropriate medical examiner or coroner. The medical examiner or coroner shall investigate the report and communicate the medical examiner's or coroner's his apparent gross findings, orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours and within 21 days in writing, to the local law enforcement agency, the appropriate State's attorney, the Department and, if the institution making the report is a hospital, the hospital. The child protective investigator assigned to the death investigation shall have the right to require a copy of the completed autopsy report from the coroner or medical examiner. (Source: P.A. 85-193.) (325 ILCS 5/4.2) Sec. 4.2. Departmental report on death or serious life-threatening injury of child. (a) In the case of the death or serious life-threatening injury of a child whose care and custody or custody and guardianship has been transferred to the Department, or in the case of a child abuse or neglect report made to the central register involving the death of a child, the Department shall (i) investigate or provide for an investigation of the cause of and circumstances surrounding the death or serious life-threatening injury, (ii) review the investigation, and (iii) prepare and issue a report on the death or serious life-threatening injury. (b) The report shall include (i) the cause of death or serious life-threatening injury, whether from natural or other causes, (ii) any extraordinary or pertinent information concerning the circumstances of the child's death or serious life-threatening injury, (iii) identification of child protective or other social services provided or actions taken regarding the child or the child's his or her family at the time of the death or serious life-threatening injury or within the preceding 5 years, (iv) any action or further investigation undertaken by the Department since the death or serious life-threatening injury of the child, (v) as appropriate, recommendations for State administrative or policy changes, (vi) whether the alleged perpetrator of the abuse or neglect has been charged with committing a crime related to the report and allegation of abuse or neglect, and (vii) a copy of any documents, files, records, books, and papers created or used in connection with the Department's investigation of the death or serious life-threatening injury of the child. In any case involving the death or near death of a child, when a person responsible for the child has been charged with committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near death of the child and any other investigations concerning that child or other children living in the same household. If the Department receives from the public a request for information relating to a case of child abuse or neglect involving the death or serious life-threatening injury of a child, the Director shall consult with the State's Attorney in the county of venue and release the report related to the case, except for the following, which may be redacted from the information disclosed to the public: any mental health or psychological information that is confidential as otherwise provided in State law; privileged communications of an attorney; the identity of the individual or individuals, if known, who made the report; information that may cause mental or physical harm to a sibling or another child living in the household; information that may undermine an ongoing criminal investigation; and any information prohibited from disclosure by federal law or regulation. Any information provided by an adult subject of a report that is released about the case in a public forum shall be subject to disclosure upon a public information request. Information about the case shall also be subject to disclosure upon consent of an adult subject. Information about the case shall also be subject to disclosure if it has been publicly disclosed in a report by a law enforcement agency or official, a State's Attorney, a judge, or any other State or local investigative agency or official. Except as it may apply directly to the cause of the death or serious life-threatening injury of the child, nothing in this Section shall be deemed to authorize the release or disclosure to the public of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluation, or like materials or information pertaining to the child or the child's family. (c) No later than 6 months after the date of the death or serious life-threatening injury of the child, the Department shall notify the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the members of the Senate and the House of Representatives in whose district the child's death or serious life-threatening injury occurred upon the completion of each report and shall submit an annual cumulative report to the Governor and the General Assembly incorporating cumulative data about the above reports and including appropriate findings and recommendations. The reports required by this subsection (c) shall be made available to the public after completion or submittal. (d) To enable the Department to prepare the report, the Department may request and shall timely receive from departments, boards, bureaus, or other agencies of the State, or any of its political subdivisions, or any duly authorized agency, or any other agency which provided assistance, care, or services to the deceased or injured child any information they are authorized to provide. (Source: P.A. 97-1068, eff. 1-1-13.) (325 ILCS 5/4.4) Sec. 4.4. DCFS duty to report to State's Attorney. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4, a report of a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the person who gave birth mother or the newborn infant, the Department must immediately report that information to the State's Attorney of the county in which the infant was born. (Source: P.A. 95-361, eff. 8-23-07.) (325 ILCS 5/4.5) Sec. 4.5. Electronic and information technology workers; reporting child pornography. (a) In this Section: "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. "Electronic and information technology equipment worker" means a person who in the scope and course of the person's his or her employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 C.F.R. 20.3. (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing and & Exploited Children. (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met. (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001. (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) (325 ILCS 5/5) (from Ch. 23, par. 2055) Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if (1) the officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child he has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child. Where the physician keeping a child in the physician's his custody does so in the physician's his capacity as a member of the staff of a hospital or similar institution, the physician he shall notify the person in charge of the institution or the his designated agent of the person in charge, who shall then become responsible for the further care of such child in the hospital or similar institution under the direction of the Department. Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987. Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for emergency treatment. With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's his designee shall be deemed the child's legally authorized representative for purposes of consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmissible Disease Control Act if deemed necessary and appropriate by the Department's Guardianship Administrator or designee. Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or the Guardianship Administrator's his designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed. (Source: P.A. 90-28, eff. 1-1-98.) (325 ILCS 5/7) (from Ch. 23, par. 2057) Sec. 7. Time and manner of making reports. All reports of suspected child abuse or neglect made under this Act shall be made immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. Wherever the Statewide number is posted, there shall also be posted the following notice: "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." The report required by this Act shall include, if known, the name and address of the child and the child's his parents or other persons having the child's his custody; the child's age; the nature of the child's condition, including any evidence of previous injuries or disabilities; and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through the State-wide, toll-free telephone number shall be immediately transmitted by the Department to the appropriate Child Protective Service Unit. All such reports alleging the death of a child, serious injury to a child, including, but not limited to, brain damage, skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved county of the receipt of any report alleging the death of a child, serious injury to a child, including, but not limited to, brain damage, skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under. All oral reports made by the Department to local law enforcement personnel and the office of the State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report. All reports by persons mandated to report under this Act shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on forms supplied by the Department, within 48 hours of any initial report. Any report received by the Department alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local law enforcement agency for consideration of criminal investigation or other action. Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding or administrative hearing relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this Act. For purposes of this Section, "child" includes an adult resident as defined in this Act. (Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.) (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b) Sec. 7.3b. All persons required to report under Section 4 may refer to the Department of Human Services any pregnant person in this State who has a substance use disorder as defined in the Substance Use Disorder Act. The Department of Human Services shall notify the local Infant Mortality Reduction Network service provider or Department funded prenatal care provider in the area in which the person resides. The service provider shall prepare a case management plan and assist the pregnant person woman in obtaining counseling and treatment from a local substance use disorder treatment program licensed by the Department of Human Services or a licensed hospital which provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and Department funded prenatal care provider shall monitor the pregnant person woman through the service program. The Department of Human Services shall have the authority to promulgate rules and regulations to implement this Section. (Source: P.A. 100-759, eff. 1-1-19.) (325 ILCS 5/7.3c) Sec. 7.3c. Substance abuse services for parents women with children. The Department of Human Services and the Department of Children and Family Services shall develop a community based system of integrated child welfare and substance abuse services for the purpose of providing safety and protection for children, improving adult health and parenting outcomes, and improving family outcomes. The Department of Children and Family Services, in cooperation with the Department of Human Services, shall develop case management protocols for DCFS clients with substance abuse problems. The Departments may establish pilot programs designed to test the most effective approaches to case management case-management. The Departments shall evaluate the effectiveness of these pilot programs and report to the Governor and the General Assembly on an annual basis. (Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.) (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of the School Code, as now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall not be considered an allegation of abuse or neglect under this Act. (a-5) The Department of Children and Family Services may implement a "differential response program" in accordance with criteria, standards, and procedures prescribed by rule. The program may provide that, upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. For purposes of this subsection (a-5), "family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. "Family assessment" does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment. For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child and the risk of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded and whether child protective services are needed. Under the "differential response program" implemented under this subsection (a-5), the Department: (1) Shall conduct an investigation on reports involving substantial child abuse or neglect. (2) Shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that substantial child abuse or neglect or a serious threat to the child's safety exists. (3) May conduct a family assessment for reports that do not allege substantial child endangerment. In determining that a family assessment is appropriate, the Department may consider issues, including, but not limited to, child safety, parental cooperation, and the need for an immediate response. (4) Shall promulgate criteria, standards, and procedures that shall be applied in making this determination, taking into consideration the Child Endangerment Risk Assessment Protocol of the Department. (5) May conduct a family assessment on a report that was initially screened and assigned for an investigation. In determining that a complete investigation is not required, the Department must document the reason for terminating the investigation and notify the local law enforcement agency or the Illinois State Police if the local law enforcement agency or Illinois State Police is conducting a joint investigation. Once it is determined that a "family assessment" will be implemented, the case shall not be reported to the central register of abuse and neglect reports. During a family assessment, the Department shall collect any available and relevant information to determine child safety, risk of subsequent abuse or neglect, and family strengths. Information collected includes, but is not limited to, when relevant: information with regard to the person reporting the alleged abuse or neglect, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment must be asked for, and may include: (A) The child's sex and age, prior reports of abuse or neglect, information relating to developmental functioning, credibility of the child's statement, and whether the information provided under this paragraph (A) is consistent with other information collected during the course of the assessment or investigation. (B) The alleged offender's age, a record check for prior reports of abuse or neglect, and criminal charges and convictions. The alleged offender may submit supporting documentation relevant to the assessment. (C) Collateral source information regarding the alleged abuse or neglect and care of the child. Collateral information includes, when relevant: (i) a medical examination of the child; (ii) prior medical records relating to the alleged maltreatment or care of the child maintained by any facility, clinic, or health care professional, and an interview with the treating professionals; and (iii) interviews with the child's caretakers, including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and other persons who may have knowledge regarding the alleged maltreatment and the care of the child. (D) Information on the existence of domestic abuse and violence in the home of the child, and substance abuse. Nothing in this subsection (a-5) precludes the Department from collecting other relevant information necessary to conduct the assessment or investigation. Nothing in this subsection (a-5) shall be construed to allow the name or identity of a reporter to be disclosed in violation of the protections afforded under Section 7.19 of this Act. After conducting the family assessment, the Department shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent abuse or neglect. Upon completion of the family assessment, if the Department concludes that no services shall be offered, then the case shall be closed. If the Department concludes that services shall be offered, the Department shall develop a family preservation plan and offer or refer services to the family. At any time during a family assessment, if the Department believes there is any reason to stop the assessment and conduct an investigation based on the information discovered, the Department shall do so. The procedures available to the Department in conducting investigations under this Act shall be followed as appropriate during a family assessment. If the Department implements a differential response program authorized under this subsection (a-5), the Department shall arrange for an independent evaluation of the program for at least the first 3 years of implementation to determine whether it is meeting the goals in accordance with Section 2 of this Act. The Department may adopt administrative rules necessary for the execution of this Section, in accordance with Section 4 of the Children and Family Services Act. The Department shall submit a report to the General Assembly by January 15, 2018 on the implementation progress and recommendations for additional needed legislative changes. (b)(1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, except as provided in subsection (c) of this Section. (2) If, during a family assessment authorized by subsection (a-5) or an investigation, it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. All other investigations shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service Unit shall conduct a family assessment authorized by subsection (a-5) or begin an initial investigation and make an initial determination whether the report is a good faith indication of alleged child abuse or neglect. (3) Based on an initial investigation, if the Unit determines the report is a good faith indication of alleged child abuse or neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after the report is received; an evaluation of the environment of the child named in the report and any other children in the same environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing under this Act in regard to amendment or expungement. To fulfill the requirements of this Section, the Child Protective Service Unit shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the day or night. (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of such employment or activity, then the Department shall, except in investigations where the Director determines that such notification would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report. The Department shall also notify the person being investigated, unless the Director determines that such notification would be detrimental to the Department's investigation. (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school grounds, the Department shall make reasonable efforts to follow the following procedures: (1) Investigations involving teachers shall not, to the extent possible, be conducted when the teacher is scheduled to conduct classes. Investigations involving other school employees shall be conducted so as to minimize disruption of the school day. The school employee accused of child abuse or neglect may have the school employee's his superior, the school employee's his association or union representative and the school employee's his attorney present at any interview or meeting at which the teacher or administrator is present. The accused school employee shall be informed by a representative of the Department, at any interview or meeting, of the accused school employee's due process rights and of the steps in the investigation process. These due process rights shall also include the right of the school employee to present countervailing evidence regarding the accusations. In an investigation in which the alleged perpetrator of abuse or neglect is a school employee, including, but not limited to, a school teacher or administrator, and the recommendation is to determine the report to be indicated, in addition to other procedures as set forth and defined in Department rules and procedures, the employee's due process rights shall also include: (i) the right to a copy of the investigation summary; (ii) the right to review the specific allegations which gave rise to the investigation; and (iii) the right to an administrator's teleconference which shall be convened to provide the school employee with the opportunity to present documentary evidence or other information that supports the school employee's his or her position and to provide information before a final finding is entered. (2) If a report of neglect or abuse of a child by a teacher or administrator does not involve allegations of sexual abuse or extreme physical abuse, the Child Protective Service Unit shall make reasonable efforts to conduct the initial investigation in coordination with the employee's supervisor. If the Unit determines that the report is a good faith indication of potential child abuse or neglect, it shall then commence a formal investigation under paragraph (3) of subsection (b) of this Section. (3) If a report of neglect or abuse of a child by a teacher or administrator involves an allegation of sexual abuse or extreme physical abuse, the Child Protective Unit shall commence an investigation under paragraph (2) of subsection (b) of this Section. (c-5) In any instance in which a report is made or caused to made by a school district employee involving the conduct of a person employed by the school district, at the time the report was made, as required under Section 4 of this Act, the Child Protective Service Unit shall send a copy of its final finding report to the general superintendent of that school district. (c-10) The Department may recommend that a school district remove a school employee who is the subject of an investigation from the school employee's his or her employment position pending the outcome of the investigation; however, all employment decisions regarding school personnel shall be the sole responsibility of the school district or employer. The Department may not require a school district to remove a school employee from the school employee's his or her employment position or limit the school employee's duties pending the outcome of an investigation. (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The Department shall also notify the employee or the member of the clergy, in writing, that notification has been sent to the employer or to the appropriate religious institution or religious official informing the employer or religious institution or religious official that the Department's investigation has resulted in an unfounded report. (d-1) Whenever a report alleges that a child was abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department shall send a copy of its final finding to the Director of Public Health and the Director of Healthcare and Family Services. (e) Upon request by the Department, the Illinois State Police and law enforcement agencies are authorized to provide criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law to properly designated employees of the Department of Children and Family Services if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The request shall be in the form and manner required by the Illinois State Police. Any information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the transmittal of the information is authorized by this Section or otherwise authorized by law. (f) For purposes of this Section, "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.) (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) Sec. 7.9. The Department shall prepare, print, and distribute initial, preliminary, and final reporting forms to each Child Protective Service Unit. Initial written reports from the reporting source shall contain the following information to the extent known at the time the report is made: (1) the names and addresses of the child and the child's his parents or other persons responsible for the child's his welfare; (1.5) the name and address of the school that the child attends (or the school that the child last attended, if the report is written during the summer when school is not in session), and the name of the school district in which the school is located, if applicable; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of prior injuries, abuse, or neglect of the child or the child's his siblings; (4) the names of the persons apparently responsible for the abuse or neglect; (5) family composition, including names, ages, sexes, and races of other children in the home; (6) the name of the person making the report, the reporter's his occupation, and where the reporter he can be reached; (7) the actions taken by the reporting source, including the taking of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner; and (8) any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act. (Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.) (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or "undetermined", as the case may be. Prior to classifying the report, the Department shall determine whether the report is subject to Department review under Section 7.22a. If the report is subject to Department review, the report shall not be classified as unfounded until the review is completed. Prior to classifying the report, the person making the classification shall determine whether the child named in the report is the subject of an action under Article V of the Juvenile Court Act of 1987 who is in the custody or guardianship of the Department or who has an open intact family services case with the Department or is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child either is the subject of an action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of an action under Article II of the Juvenile Court Act of 1987 and the Department intends to classify the report as indicated, the Department shall, within 45 days of classification of the report, transmit a copy of the report to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act of 1987 or to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987. If the child either is the subject of an action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of an action under Article II of the Juvenile Court Act of 1987 and the Department intends to classify the report as unfounded, the Department shall, within 45 days of deciding its intent to classify the report as unfounded, transmit a copy of the report and written notice of the Department's intent to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act of 1987, or to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987. The Department's obligation under this Section to provide reports to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. All information identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided the Department has not expunged the file in accordance with Section 7.7. The Child Protective Service Unit shall not indicate the subsequent report solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary, an unfounded report shall not be admissible in any judicial or administrative proceeding or action except for proceedings under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987 involving a petition filed under Section 2-13 of the Juvenile Court Act of 1987 alleging abuse or neglect to the same child, a sibling of the child, the same perpetrator, or a member of the child's household. Identifying information on all other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is received involving the same child, the child's his sibling or offspring, or a child in the care of the persons responsible for the child's welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after the subsequent case or report is closed. Notwithstanding any other provision of this Section, identifying information in indicated reports involving serious physical injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a period of not less than 50 years after the report is indicated or after the subsequent case or report is closed. For purposes of this Section, "child" includes an adult resident as defined in this Act. (Source: P.A. 101-528, eff. 8-23-19; 102-532, eff. 8-20-21.) (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16) Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department, the perpetrator named in the notification may request the Department to amend the record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely hearing within the Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator. Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. The Department's obligation under this Section to provide a minor with a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 and an open intact family services case with the right to participate and be heard applies only if the guardian ad litem notified the Department in writing of the representation. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the Director or the Director's his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. Should the Department grant the request of the perpetrator pursuant to this Section either on administrative review or after an administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance with the standards set forth in Section 7.14 of this Act. (Source: P.A. 100-158, eff. 1-1-18.) (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19) Sec. 7.19. Upon request, a subject of a report shall be entitled to receive a copy of all information contained in the central register pertaining to the subject's his case. However, the Department may prohibit the release of data that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation. In addition, the Department may seek a court order from the circuit court prohibiting the release of any information which the court finds is likely to be harmful to the subject of the report. (Source: P.A. 81-1077.) (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) Sec. 11.1. Access to records. (a) A person shall have access to the records described in Section 11 only in furtherance of purposes directly connected with the administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984. Those persons and purposes for access include: (1) Department staff in the furtherance of their responsibilities under this Act, or for the purpose of completing background investigations on persons or agencies licensed by the Department or with whom the Department contracts for the provision of child welfare services. (2) A law enforcement agency investigating known or suspected child abuse or neglect, known or suspected involvement with child pornography, known or suspected criminal sexual assault, known or suspected criminal sexual abuse, or any other sexual offense when a child is alleged to be involved. (3) The Illinois State Police when administering the provisions of the Intergovernmental Missing Child Recovery Act of 1984. (4) A physician who has before the physician him a child whom the physician he reasonably suspects may be abused or neglected. (5) A person authorized under Section 5 of this Act to place a child in temporary protective custody when such person requires the information in the report or record to determine whether to place the child in temporary protective custody. (6) A person having the legal responsibility or authorization to care for, treat, or supervise a child, or a parent, prospective adoptive parent, foster parent, guardian, or other person responsible for the child's welfare, who is the subject of a report. (7) Except in regard to harmful or detrimental information as provided in Section 7.19, any subject of the report, and if the subject of the report is a minor, the minor's his guardian or guardian ad litem. (8) A court, upon its finding that access to such records may be necessary for the determination of an issue before such court; however, such access shall be limited to in camera inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution of an issue then pending before it. (8.1) A probation officer or other authorized representative of a probation or court services department conducting an investigation ordered by a court under the Juvenile Court Act of 1987. (9) A grand jury, upon its determination that access to such records is necessary in the conduct of its official business. (10) Any person authorized by the Director, in writing, for audit or bona fide research purposes. (11) Law enforcement agencies, coroners or medical examiners, physicians, courts, school superintendents and child welfare agencies in other states who are responsible for child abuse or neglect investigations or background investigations. (12) The Department of Financial and Professional Regulation, the State Board of Education and school superintendents in Illinois, who may use or disclose information from the records as they deem necessary to conduct investigations or take disciplinary action, as provided by law. (13) A coroner or medical examiner who has reason to believe that a child has died as the result of abuse or neglect. (14) The Director of a State-operated facility when an employee of that facility is the perpetrator in an indicated report. (15) The operator of a licensed child care facility or a facility licensed by the Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) in which children reside when a current or prospective employee of that facility is the perpetrator in an indicated child abuse or neglect report, pursuant to Section 4.3 of the Child Care Act of 1969. (16) Members of a multidisciplinary team in the furtherance of its responsibilities under subsection (b) of Section 7.1. All reports concerning child abuse and neglect made available to members of such multidisciplinary teams and all records generated as a result of such reports shall be confidential and shall not be disclosed, except as specifically authorized by this Act or other applicable law. It is a Class A misdemeanor to permit, assist or encourage the unauthorized release of any information contained in such reports or records. Nothing contained in this Section prevents the sharing of reports or records relating or pertaining to the death of a minor under the care of or receiving services from the Department of Children and Family Services and under the jurisdiction of the juvenile court with the juvenile court, the State's Attorney, and the minor's attorney. (17) The Department of Human Services, as provided in Section 17 of the Rehabilitation of Persons with Disabilities Act. (18) Any other agency or investigative body, including the Department of Public Health and a local board of health, authorized by State law to conduct an investigation into the quality of care provided to children in hospitals and other State regulated care facilities. (19) The person appointed, under Section 2-17 of the Juvenile Court Act of 1987, as the guardian ad litem of a minor who is the subject of a report or records under this Act; or the person appointed, under Section 5-610 of the Juvenile Court Act of 1987, as the guardian ad litem of a minor who is in the custody or guardianship of the Department or who has an open intact family services case with the Department and who is the subject of a report or records made pursuant to this Act. (20) The Department of Human Services, as provided in Section 10 of the Early Intervention Services System Act, and the operator of a facility providing early intervention services pursuant to that Act, for the purpose of determining whether a current or prospective employee who provides or may provide direct services under that Act is the perpetrator in an indicated report of child abuse or neglect filed under this Act. (b) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders. (c) To the extent that persons or agencies are given access to information pursuant to this Section, those persons or agencies may give this information to and receive this information from each other in order to facilitate an investigation conducted by those persons or agencies. (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.) (325 ILCS 5/11.1a) Sec. 11.1a. Disclosure of information. (a) The Director or a person designated in writing by the Director for this purpose may disclose information regarding the abuse or neglect of a child as set forth in this Section, the investigation thereof, and any services related thereto, if the Director or a person designated in writing by the Director he or she determines that such disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the household, and one of the following factors are present: (1) The subject of the report has been criminally charged with committing a crime related to the child abuse or neglect report; or (2) A law enforcement agency or official, a State's Attorney, or a judge of the State court system has publicly disclosed in a report as part of the law enforcement agency's or official's, the State's Attorney's, or the judge's his or her official duty, information regarding the investigation of a report or the provision of services by the Department; or (3) An adult subject of the report has knowingly and voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report; or (4) The child named in the report has been critically injured or died. (b) Information may be disclosed pursuant to this Section as follows: (1) The name of the alleged abused or neglected child. (2) The current status of the investigation, including whether a determination of credible evidence has been made. (3) Identification of child protective or other services provided or actions taken regarding the child named in the report and the child's his or her family as a result of this report. (4) Whether there have been past reports of child abuse or neglect involving this child or family, or both. Any such reports shall be clearly identified as being "Indicated", "Unfounded", or "Pending". (5) Whether the Department has a current or past open service case with the family, and a history of what types of services have been, or are being, provided. (6) Any extraordinary or pertinent information concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest. (c) Any disclosure of information pursuant to this Section shall not identify the name of or provide identifying information regarding the source of the report. (d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the child, the child's siblings, or other children in the household, the Director shall consider the interest in privacy of the child and the child's family and the effects which disclosure may have on efforts to reunite and provide services to the family. (e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials pertaining to the child or the child's family. Prior to the release or disclosure of any psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials. (f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family Services, only the following information may be disclosed or released: (1) The name of the facility. (2) The nature of the allegations of abuse or neglect. (3) The number and ages of child victims involved, and their relationship to the perpetrator. (4) Actions the Department has taken to ensure the safety of the children during and subsequent to the investigation. (5) The final finding status of the investigation. (Source: P.A. 90-75, eff. 1-1-98.) (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3) Sec. 11.3. A person given access to the names or other information identifying the subjects of the report, except the subject of the report, shall not make public such identifying information unless the person he is a State's attorney or other law enforcement official and the purpose is to initiate court action. Violation of this Section is a Class A misdemeanor. (Source: P.A. 81-1077.) (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5) Sec. 11.5. Public awareness program. (a) No later than 6 months after the effective date of this amendatory Act of the 101st General Assembly, the Department of Children and Family Services shall develop culturally sensitive materials on child abuse and child neglect, the statewide toll-free telephone number established under Section 7.6, and the process for reporting any reasonable suspicion of child abuse or child neglect. The Department shall reach out to businesses and organizations to seek assistance in raising awareness about child abuse and child neglect and the statewide toll-free telephone number established under Section 7.6, including posting notices. The Department shall make a model notice available for download on the Department's website. The model notice shall: (1) be available in English, Spanish, and the 2 other languages most widely spoken in the State; (2) be at least 8 1/2 inches by 11 inches in size and written in a 16-point font; (3) include the following statement: "Protecting children is a responsibility we all share. It is important for every person to take child abuse and child neglect seriously, to be able to recognize when it happens, and to know what to do next. If you have reason to believe a child you know is being abused or neglected, call the State's child abuse hotline"; and (4) include the statewide toll-free telephone number established under Section 7.6, and the Department's website address where more information about child abuse and child neglect is available. (b) Within the appropriation available, the Department shall conduct a continuing education and training program for State and local staff, persons and officials required to report, the general public, and other persons engaged in or intending to engage in the prevention, identification, and treatment of child abuse and neglect. The program shall be designed to encourage the fullest degree of reporting of known and suspected child abuse and neglect, and to improve communication, cooperation, and coordination among all agencies in the identification, prevention, and treatment of child abuse and neglect. The program shall inform the general public and professionals of the nature and extent of child abuse and neglect and their responsibilities, obligations, powers and immunity from liability under this Act. It may include information on the diagnosis of child abuse and neglect and the roles and procedures of the Child Protective Service Unit, the Department and central register, the courts and of the protective, treatment, and ameliorative services available to children and their families. Such information may also include special needs of persons mothers at risk of delivering a child whose life or development may be threatened by a disabling condition, to ensure informed consent to treatment of the condition and understanding of the unique child care responsibilities required for such a child. The program may also encourage parents and other persons having responsibility for the welfare of children to seek assistance on their own in meeting their child care responsibilities and encourage the voluntary acceptance of available services when they are needed. It may also include publicity and dissemination of information on the existence and number of the 24 hour, State-wide, toll-free telephone service to assist persons seeking assistance and to receive reports of known and suspected abuse and neglect. (c) Within the appropriation available, the Department also shall conduct a continuing education and training program for State and local staff involved in investigating reports of child abuse or neglect made under this Act. The program shall be designed to train such staff in the necessary and appropriate procedures to be followed in investigating cases which it appears may result in civil or criminal charges being filed against a person. Program subjects shall include but not be limited to the gathering of evidence with a view toward presenting such evidence in court and the involvement of State or local law enforcement agencies in the investigation. The program shall be conducted in cooperation with State or local law enforcement agencies, State's Attorneys and other components of the criminal justice system as the Department deems appropriate. (Source: P.A. 101-564, eff. 1-1-20.) (325 ILCS 5/11.8) Sec. 11.8. Cross-reporting. (a) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist determines that making the report would interfere with the performance of the specialist's his or her child welfare protection duties. (b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (Source: P.A. 96-494, eff. 8-14-09.) Section 60. The Child Sexual Abuse Prevention Act is amended by changing Sections 4 and 7 as follows: (325 ILCS 15/4) (from Ch. 23, par. 2084) Sec. 4. The Department of Children and Family Services shall support through a grant program a child sexual abuse crisis intervention demonstration center in Cook County and in other parts of the State as funding permits. The functions and goals of such crisis intervention centers shall be: (a) To respond within 24 hours or as soon thereafter as possible to a report of child sexual abuse or exploitation by professional contact with the child and the child's his family, and with those persons in the courts and police department involved in the case. (b) The agents of such crisis intervention centers shall: (1) refer the child, and the child's his family if appropriate, to counseling services, including those provided by the treatment centers; (2) accompany the victim through all stages of police investigation, case development and trial where necessary; (3) provide advice to involved police, assistant district attorneys, and judges in the proper handling of a child subjected to sexual abuse and exploitation whenever possible. This advice will be made with consideration to the following priorities: (i) the welfare of the child; and (ii) improved chances for a successful prosecution; (4) make every effort to develop an approach which meets the needs of developing a sound case by assisting the child to understand and cope with the child's his role in the prosecution process. (c) The crisis intervention demonstration centers shall develop and implement written procedures for case planning and case monitoring in relation to the processes of treatment and of investigation and prosecution. (d) Crisis intervention agents should demonstrate evidence of professional knowledge of child development and a record of positive interaction with the police and courts. (e) The centers shall develop training materials for city and county and State personnel through the State to enable emulation and adaptation of the program by other communities and to develop awareness of the problems faced by a child sexual abuse victim as the victim he confronts the criminal justice system. (f) The centers shall report to the director improvements in the criminal justice system and the interrelation of the criminal justice system and child support systems that would serve to meet the goals of this Act. (g) Reports of child sexual abuse referred for investigation to a local law enforcement agency in Cook County by the State Central Registry of the Department of Children and Family Services must also be referred to the crisis intervention center. Reports of child sexual abuse made directly to a local law enforcement agency in Cook County may be referred by that agency to the crisis intervention center. All centers shall make local law enforcement agencies aware of their purposes and encourage their utilization. (Source: P.A. 84-564.) (325 ILCS 15/7) (from Ch. 23, par. 2087) Sec. 7. The Director of the Department of Children and Family Services shall submit annual reports to the General Assembly concerning the Department's his findings regarding the degree of achievement of the goals of this Act. (Source: P.A. 84-564.) Section 65. The Juvenile Court Act of 1987 is amended by changing Sections 1-2, 1-3, 1-5, 1-7, 1-8, 1-9, 2-1, 2-3, 2-4, 2-4b, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-10.3, 2-11, 2-13, 2-13.1, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-22, 2-23, 2-24, 2-25, 2-26, 2-27, 2-27.1, 2-28, 2-29, 2-31, 2-34, 3-1, 3-3, 3-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-14, 3-15, 3-16, 3-17, 3-18, 3-19, 3-21, 3-22, 3-23, 3-24, 3-25, 3-26, 3-27, 3-28, 3-29, 3-30, 3-32, 3-33.5, 4-1, 4-4, 4-5, 4-6, 4-7, 4-8, 4-9, 4-11, 4-12, 4-13, 4-14, 4-15, 4-16, 4-18, 4-20, 4-21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27, 4-29, 5-101, 5-105, 5-110, 5-120, 5-130, 5-145, 5-150, 5-155, 5-160, 5-170, 5-301, 5-305, 5-310, 5-401, 5-401.5, 5-401.6, 5-405, 5-407, 5-410, 5-415, 5-501, 5-505, 5-520, 5-525, 5-530, 5-601, 5-605, 5-610, 5-615, 5-620, 5-625, 5-705, 5-710, 5-711, 5-715, 5-720, 5-725, 5-730, 5-735, 5-740, 5-745, 5-750, 5-755, 5-7A-105, 5-7A-115, 5-810, 5-815, 5-820, 5-901, 5-905, 5-910, 5-915, 5-920, 6-1, 6-3, 6-4, 6-7, 6-8, 6-9, and 6-10 as follows: (705 ILCS 405/1-2) (from Ch. 37, par. 801-2) Sec. 1-2. Purpose and policy. (1) The purpose of this Act is to secure for each minor subject hereto such care and guidance, preferably in the minor's his or her own home, as will serve the safety and moral, emotional, mental, and physical welfare of the minor and the best interests of the community; to preserve and strengthen the minor's family ties whenever possible, removing the minor him or her from the custody of the minor's his or her parents only when the minor's his or her safety or welfare or the protection of the public cannot be adequately safeguarded without removal; if the child is removed from the custody of the minor's his or her parent, the Department of Children and Family Services immediately shall consider concurrent planning, as described in Section 5 of the Children and Family Services Act so that permanency may occur at the earliest opportunity; consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child; and, when the minor is removed from the minor's his or her own family, to secure for the minor him or her custody, care and discipline as nearly as possible equivalent to that which should be given by the minor's his or her parents, and in cases where it should and can properly be done to place the minor in a family home so that the minor he or she may become a member of the family by legal adoption or otherwise. Provided that a ground for unfitness under the Adoption Act can be met, it may be appropriate to expedite termination of parental rights: (a) when reasonable efforts are inappropriate, or have been provided and were unsuccessful, and there are aggravating circumstances including, but not limited to, those cases in which (i) the child or another child of that child's parent was (A) abandoned, (B) tortured, or (C) chronically abused or (ii) the parent is criminally convicted of (A) first degree murder or second degree murder of any child, (B) attempt or conspiracy to commit first degree murder or second degree murder of any child, (C) solicitation to commit murder, solicitation to commit murder for hire, solicitation to commit second degree murder of any child, or aggravated assault in violation of subdivision (a)(13) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, or (D) aggravated criminal sexual assault in violation of Section 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of 1961 or the Criminal Code of 2012; or (b) when the parental rights of a parent with respect to another child of the parent have been involuntarily terminated; or (c) in those extreme cases in which the parent's incapacity to care for the child, combined with an extremely poor prognosis for treatment or rehabilitation, justifies expedited termination of parental rights. (2) In all proceedings under this Act the court may direct the course thereof so as promptly to ascertain the jurisdictional facts and fully to gather information bearing upon the current condition and future welfare of persons subject to this Act. This Act shall be administered in a spirit of humane concern, not only for the rights of the parties, but also for the fears and the limits of understanding of all who appear before the court. (3) In all procedures under this Act, the following shall apply: (a) The procedural rights assured to the minor shall be the rights of adults unless specifically precluded by laws which enhance the protection of such minors. (b) Every child has a right to services necessary to the child's his or her safety and proper development, including health, education and social services. (c) The parents' right to the custody of their child shall not prevail when the court determines that it is contrary to the health, safety, and best interests of the child. (4) This Act shall be liberally construed to carry out the foregoing purpose and policy. (Source: P.A. 97-1150, eff. 1-25-13.) (705 ILCS 405/1-3) (from Ch. 37, par. 801-3) Sec. 1-3. Definitions. Terms used in this Act, unless the context otherwise requires, have the following meanings ascribed to them: (1) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under Section 2-13, 3-15 or 4-12 that a minor under 18 years of age is abused, neglected or dependent, or requires authoritative intervention, or addicted, respectively, are supported by a preponderance of the evidence or whether the allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. (2) "Adult" means a person 21 years of age or older. (3) "Agency" means a public or private child care facility legally authorized or licensed by this State for placement or institutional care or for both placement and institutional care. (4) "Association" means any organization, public or private, engaged in welfare functions which include services to or on behalf of children but does not include "agency" as herein defined. (4.05) Whenever a "best interest" determination is required, the following factors shall be considered in the context of the child's age and developmental needs: (a) the physical safety and welfare of the child, including food, shelter, health, and clothing; (b) the development of the child's identity; (c) the child's background and ties, including familial, cultural, and religious; (d) the child's sense of attachments, including: (i) where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel such love, attachment, and a sense of being valued); (ii) the child's sense of security; (iii) the child's sense of familiarity; (iv) continuity of affection for the child; (v) the least disruptive placement alternative for the child; (e) the child's wishes and long-term goals; (f) the child's community ties, including church, school, and friends; (g) the child's need for permanence which includes the child's need for stability and continuity of relationships with parent figures and with siblings and other relatives; (h) the uniqueness of every family and child; (i) the risks attendant to entering and being in substitute care; and (j) the preferences of the persons available to care for the child. (4.1) "Chronic truant" shall have the definition ascribed to it in Section 26-2a of the School Code. (5) "Court" means the circuit court in a session or division assigned to hear proceedings under this Act. (6) "Dispositional hearing" means a hearing to determine whether a minor should be adjudged to be a ward of the court, and to determine what order of disposition should be made in respect to a minor adjudged to be a ward of the court. (6.5) "Dissemination" or "disseminate" means to publish, produce, print, manufacture, distribute, sell, lease, exhibit, broadcast, display, transmit, or otherwise share information in any format so as to make the information accessible to others. (7) "Emancipated minor" means any minor 16 years of age or over who has been completely or partially emancipated under the Emancipation of Minors Act or under this Act. (7.03) "Expunge" means to physically destroy the records and to obliterate the minor's name from any official index, public record, or electronic database. (7.05) "Foster parent" includes a relative caregiver selected by the Department of Children and Family Services to provide care for the minor. (8) "Guardianship of the person" of a minor means the duty and authority to act in the best interests of the minor, subject to residual parental rights and responsibilities, to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned with the minor's his or her general welfare. It includes but is not necessarily limited to: (a) the authority to consent to marriage, to enlistment in the armed forces of the United States, or to a major medical, psychiatric, and surgical treatment; to represent the minor in legal actions; and to make other decisions of substantial legal significance concerning the minor; (b) the authority and duty of reasonable visitation, except to the extent that these have been limited in the best interests of the minor by court order; (c) the rights and responsibilities of legal custody except where legal custody has been vested in another person or agency; and (d) the power to consent to the adoption of the minor, but only if expressly conferred on the guardian in accordance with Section 2-29, 3-30, or 4-27. (8.1) "Juvenile court record" includes, but is not limited to: (a) all documents filed in or maintained by the juvenile court pertaining to a specific incident, proceeding, or individual; (b) all documents relating to a specific incident, proceeding, or individual made available to or maintained by probation officers; (c) all documents, video or audio tapes, photographs, and exhibits admitted into evidence at juvenile court hearings; or (d) all documents, transcripts, records, reports, or other evidence prepared by, maintained by, or released by any municipal, county, or State agency or department, in any format, if indicating involvement with the juvenile court relating to a specific incident, proceeding, or individual. (8.2) "Juvenile law enforcement record" includes records of arrest, station adjustments, fingerprints, probation adjustments, the issuance of a notice to appear, or any other records or documents maintained by any law enforcement agency relating to a minor suspected of committing an offense, and records maintained by a law enforcement agency that identifies a juvenile as a suspect in committing an offense, but does not include records identifying a juvenile as a victim, witness, or missing juvenile and any records created, maintained, or used for purposes of referral to programs relating to diversion as defined in subsection (6) of Section 5-105. (9) "Legal custody" means the relationship created by an order of court in the best interests of the minor which imposes on the custodian the responsibility of physical possession of a minor and the duty to protect, train and discipline the minor him and to provide the minor him with food, shelter, education and ordinary medical care, except as these are limited by residual parental rights and responsibilities and the rights and responsibilities of the guardian of the person, if any. (9.1) "Mentally capable adult relative" means a person 21 years of age or older who is not suffering from a mental illness that prevents the person him or her from providing the care necessary to safeguard the physical safety and welfare of a minor who is left in that person's care by the parent or parents or other person responsible for the minor's welfare. (10) "Minor" means a person under the age of 21 years subject to this Act. (11) "Parent" means a father or mother of a child and includes any adoptive parent. It also includes a person (i) whose parentage is presumed or has been established under the law of this or another jurisdiction or (ii) who has registered with the Putative Father Registry in accordance with Section 12.1 of the Adoption Act and whose paternity has not been ruled out under the law of this or another jurisdiction. It does not include a parent whose rights in respect to the minor have been terminated in any manner provided by law. It does not include a person who has been or could be determined to be a parent under the Illinois Parentage Act of 1984 or the Illinois Parentage Act of 2015, or similar parentage law in any other state, if that person has been convicted of or pled nolo contendere to a crime that resulted in the conception of the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, or similar statute in another jurisdiction unless upon motion of any party, other than the offender, to the juvenile court proceedings the court finds it is in the child's best interest to deem the offender a parent for purposes of the juvenile court proceedings. (11.1) "Permanency goal" means a goal set by the court as defined in subdivision (2) of Section 2-28. (11.2) "Permanency hearing" means a hearing to set the permanency goal and to review and determine (i) the appropriateness of the services contained in the plan and whether those services have been provided, (ii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iii) whether the plan and goal have been achieved. (12) "Petition" means the petition provided for in Section 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions thereunder in Section 3-15, 4-12 or 5-520. (12.1) "Physically capable adult relative" means a person 21 years of age or older who does not have a severe physical disability or medical condition, or is not suffering from alcoholism or drug addiction, that prevents the person him or her from providing the care necessary to safeguard the physical safety and welfare of a minor who is left in that person's care by the parent or parents or other person responsible for the minor's welfare. (12.2) "Post Permanency Sibling Contact Agreement" has the meaning ascribed to the term in Section 7.4 of the Children and Family Services Act. (12.3) "Residential treatment center" means a licensed setting that provides 24-hour care to children in a group home or institution, including a facility licensed as a child care institution under Section 2.06 of the Child Care Act of 1969, a licensed group home under Section 2.16 of the Child Care Act of 1969, a secure child care facility as defined in paragraph (18) of this Section, or any similar facility in another state. "Residential treatment center" does not include a relative foster home or a licensed foster family home. (13) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right to reasonable visitation (which may be limited by the court in the best interests of the minor as provided in subsection (8)(b) of this Section), the right to consent to adoption, the right to determine the minor's religious affiliation, and the responsibility for the minor's his support. (14) "Shelter" means the temporary care of a minor in physically unrestricting facilities pending court disposition or execution of court order for placement. (14.05) "Shelter placement" means a temporary or emergency placement for a minor, including an emergency foster home placement. (14.1) "Sibling Contact Support Plan" has the meaning ascribed to the term in Section 7.4 of the Children and Family Services Act. (14.2) "Significant event report" means a written document describing an occurrence or event beyond the customary operations, routines, or relationships in the Department of Children of Family Services, a child care facility, or other entity that is licensed or regulated by the Department of Children of Family Services or that provides services for the Department of Children of Family Services under a grant, contract, or purchase of service agreement; involving children or youth, employees, foster parents, or relative caregivers; allegations of abuse or neglect or any other incident raising a concern about the well-being of a minor under the jurisdiction of the court under Article II of the Juvenile Court Act; incidents involving damage to property, allegations of criminal activity, misconduct, or other occurrences affecting the operations of the Department of Children of Family Services or a child care facility; any incident that could have media impact; and unusual incidents as defined by Department of Children and Family Services rule. (15) "Station adjustment" means the informal handling of an alleged offender by a juvenile police officer. (16) "Ward of the court" means a minor who is so adjudged under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the requisite jurisdictional facts, and thus is subject to the dispositional powers of the court under this Act. (17) "Juvenile police officer" means a sworn police officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's his or her chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police. (18) "Secure child care facility" means any child care facility licensed by the Department of Children and Family Services to provide secure living arrangements for children under 18 years of age who are subject to placement in facilities under the Children and Family Services Act and who are not subject to placement in facilities for whom standards are established by the Department of Corrections under Section 3-15-2 of the Unified Code of Corrections. "Secure child care facility" also means a facility that is designed and operated to ensure that all entrances and exits from the facility, a building, or a distinct part of the building are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building. (Source: P.A. 102-538, eff. 8-20-21.) (705 ILCS 405/1-5) (from Ch. 37, par. 801-5) Sec. 1-5. Rights of parties to proceedings. (1) Except as provided in this Section and paragraph (2) of Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the subject of the proceeding and the minor's his or her parents, guardian, legal custodian or responsible relative who are parties respondent have the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records and also, although proceedings under this Act are not intended to be adversary in character, the right to be represented by counsel. At the request of any party financially unable to employ counsel, with the exception of a foster parent permitted to intervene under this Section, the court shall appoint the Public Defender or such other counsel as the case may require. Counsel appointed for the minor and any indigent party shall appear at all stages of the trial court proceeding, and such appointment shall continue through the permanency hearings and termination of parental rights proceedings subject to withdrawal, vacating of appointment, or substitution pursuant to Supreme Court Rules or the Code of Civil Procedure. Following the dispositional hearing, the court may require appointed counsel, other than counsel for the minor or counsel for the guardian ad litem, to withdraw the counsel's his or her appearance upon failure of the party for whom counsel was appointed under this Section to attend any subsequent proceedings. No hearing on any petition or motion filed under this Act may be commenced unless the minor who is the subject of the proceeding is represented by counsel. Notwithstanding the preceding sentence, if a guardian ad litem has been appointed for the minor under Section 2-17 of this Act and the guardian ad litem is a licensed attorney at law of this State, or in the event that a court appointed special advocate has been appointed as guardian ad litem and counsel has been appointed to represent the court appointed special advocate, the court may not require the appointment of counsel to represent the minor unless the court finds that the minor's interests are in conflict with what the guardian ad litem determines to be in the best interest of the minor. Each adult respondent shall be furnished a written "Notice of Rights" at or before the first hearing at which the adult respondent he or she appears. (1.5) The Department shall maintain a system of response to inquiry made by parents or putative parents as to whether their child is under the custody or guardianship of the Department; and if so, the Department shall direct the parents or putative parents to the appropriate court of jurisdiction, including where inquiry may be made of the clerk of the court regarding the case number and the next scheduled court date of the minor's case. Effective notice and the means of accessing information shall be given to the public on a continuing basis by the Department. (2) (a) Though not appointed guardian or legal custodian or otherwise made a party to the proceeding, any current or previously appointed foster parent or relative caregiver, or representative of an agency or association interested in the minor has the right to be heard by the court, but does not thereby become a party to the proceeding. In addition to the foregoing right to be heard by the court, any current foster parent or relative caregiver of a minor and the agency designated by the court or the Department of Children and Family Services as custodian of the minor who is alleged to be or has been adjudicated an abused or neglected minor under Section 2-3 or a dependent minor under Section 2-4 of this Act has the right to and shall be given adequate notice at all stages of any hearing or proceeding under this Act. Any foster parent or relative caregiver who is denied the his or her right to be heard under this Section may bring a mandamus action under Article XIV of the Code of Civil Procedure against the court or any public agency to enforce that right. The mandamus action may be brought immediately upon the denial of those rights but in no event later than 30 days after the foster parent has been denied the right to be heard. (b) If after an adjudication that a minor is abused or neglected as provided under Section 2-21 of this Act and a motion has been made to restore the minor to any parent, guardian, or legal custodian found by the court to have caused the neglect or to have inflicted the abuse on the minor, a foster parent may file a motion to intervene in the proceeding for the sole purpose of requesting that the minor be placed with the foster parent, provided that the foster parent (i) is the current foster parent of the minor or (ii) has previously been a foster parent for the minor for one year or more, has a foster care license or is eligible for a license or is not required to have a license, and is not the subject of any findings of abuse or neglect of any child. The juvenile court may only enter orders placing a minor with a specific foster parent under this subsection (2)(b) and nothing in this Section shall be construed to confer any jurisdiction or authority on the juvenile court to issue any other orders requiring the appointed guardian or custodian of a minor to place the minor in a designated foster home or facility. This Section is not intended to encompass any matters that are within the scope or determinable under the administrative and appeal process established by rules of the Department of Children and Family Services under Section 5(o) of the Children and Family Services Act. Nothing in this Section shall relieve the court of its responsibility, under Section 2-14(a) of this Act to act in a just and speedy manner to reunify families where it is the best interests of the minor and the child can be cared for at home without endangering the child's health or safety and, if reunification is not in the best interests of the minor, to find another permanent home for the minor. Nothing in this Section, or in any order issued by the court with respect to the placement of a minor with a foster parent, shall impair the ability of the Department of Children and Family Services, or anyone else authorized under Section 5 of the Abused and Neglected Child Reporting Act, to remove a minor from the home of a foster parent if the Department of Children and Family Services or the person removing the minor has reason to believe that the circumstances or conditions of the minor are such that continuing in the residence or care of the foster parent will jeopardize the child's health and safety or present an imminent risk of harm to that minor's life. (c) If a foster parent has had the minor who is the subject of the proceeding under Article II in the foster parent's his or her home for more than one year on or after July 3, 1994 and if the minor's placement is being terminated from that foster parent's home, that foster parent shall have standing and intervenor status except in those circumstances where the Department of Children and Family Services or anyone else authorized under Section 5 of the Abused and Neglected Child Reporting Act has removed the minor from the foster parent because of a reasonable belief that the circumstances or conditions of the minor are such that continuing in the residence or care of the foster parent will jeopardize the child's health or safety or presents an imminent risk of harm to the minor's life. (d) The court may grant standing to any foster parent if the court finds that it is in the best interest of the child for the foster parent to have standing and intervenor status. (3) Parties respondent are entitled to notice in compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or 5-525 and 5-530, as appropriate. At the first appearance before the court by the minor, the minor's his parents, guardian, custodian or responsible relative, the court shall explain the nature of the proceedings and inform the parties of their rights under the first 2 paragraphs of this Section. If the child is alleged to be abused, neglected or dependent, the court shall admonish the parents that if the court declares the child to be a ward of the court and awards custody or guardianship to the Department of Children and Family Services, the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions that require the child to be in care, or risk termination of their parental rights. Upon an adjudication of wardship of the court under Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the parties of their right to appeal therefrom as well as from any other final judgment of the court. When the court finds that a child is an abused, neglected, or dependent minor under Section 2-21, the court shall admonish the parents that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions that require the child to be in care, or risk termination of their parental rights. When the court declares a child to be a ward of the court and awards guardianship to the Department of Children and Family Services under Section 2-22, the court shall admonish the parents, guardian, custodian, or responsible relative that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions that require the child to be in care, or risk termination of their parental rights. (4) No sanction may be applied against the minor who is the subject of the proceedings by reason of the minor's his refusal or failure to testify in the course of any hearing held prior to final adjudication under Section 2-22, 3-23, 4-20 or 5-705. (5) In the discretion of the court, the minor may be excluded from any part or parts of a dispositional hearing and, with the consent of the parent or parents, guardian, counsel or a guardian ad litem, from any part or parts of an adjudicatory hearing. (6) The general public except for the news media and the crime victim, as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, shall be excluded from any hearing and, except for the persons specified in this Section only persons, including representatives of agencies and associations, who in the opinion of the court have a direct interest in the case or in the work of the court shall be admitted to the hearing. However, the court may, for the minor's safety and protection and for good cause shown, prohibit any person or agency present in court from further disclosing the minor's identity. Nothing in this subsection (6) prevents the court from allowing other juveniles to be present or to participate in a court session being held under the Juvenile Drug Court Treatment Act. (7) A party shall not be entitled to exercise the right to a substitution of a judge without cause under subdivision (a)(2) of Section 2-1001 of the Code of Civil Procedure in a proceeding under this Act if the judge is currently assigned to a proceeding involving the alleged abuse, neglect, or dependency of the minor's sibling or half sibling and that judge has made a substantive ruling in the proceeding involving the minor's sibling or half sibling. (Source: P.A. 101-147, eff. 1-1-20.) (705 ILCS 405/1-7) Sec. 1-7. Confidentiality of juvenile law enforcement and municipal ordinance violation records. (A) All juvenile law enforcement records which have not been expunged are confidential and may never be disclosed to the general public or otherwise made widely available. Juvenile law enforcement records may be obtained only under this Section and Section 1-8 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them. Inspection, copying, and disclosure of juvenile law enforcement records maintained by law enforcement agencies or records of municipal ordinance violations maintained by any State, local, or municipal agency that relate to a minor who has been investigated, arrested, or taken into custody before the minor's his or her 18th birthday shall be restricted to the following: (0.05) The minor who is the subject of the juvenile law enforcement record, the minor's his or her parents, guardian, and counsel. (0.10) Judges of the circuit court and members of the staff of the court designated by the judge. (0.15) An administrative adjudication hearing officer or members of the staff designated to assist in the administrative adjudication process. (1) Any local, State, or federal law enforcement officers or designated law enforcement staff of any jurisdiction or agency when necessary for the discharge of their official duties during the investigation or prosecution of a crime or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang, or, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or its staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers. For purposes of this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (2) Prosecutors, public defenders, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors under the order of the juvenile court, when essential to performing their responsibilities. (3) Federal, State, or local prosecutors, public defenders, probation officers, and designated staff: (a) in the course of a trial when institution of criminal proceedings has been permitted or required under Section 5-805; (b) when institution of criminal proceedings has been permitted or required under Section 5-805 and the minor is the subject of a proceeding to determine the conditions of pretrial release; (c) when criminal proceedings have been permitted or required under Section 5-805 and the minor is the subject of a pre-trial investigation, pre-sentence investigation, fitness hearing, or proceedings on an application for probation; or (d) in the course of prosecution or administrative adjudication of a violation of a traffic, boating, or fish and game law, or a county or municipal ordinance. (4) Adult and Juvenile Prisoner Review Board. (5) Authorized military personnel. (5.5) Employees of the federal government authorized by law. (6) Persons engaged in bona fide research, with the permission of the Presiding Judge and the chief executive of the respective law enforcement agency; provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the minor's record. (7) Department of Children and Family Services child protection investigators acting in their official capacity. (8) The appropriate school official only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others. (A) Inspection and copying shall be limited to juvenile law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses: (i) any violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012; (ii) a violation of the Illinois Controlled Substances Act; (iii) a violation of the Cannabis Control Act; (iv) a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012; (v) a violation of the Methamphetamine Control and Community Protection Act; (vi) a violation of Section 1-2 of the Harassing and Obscene Communications Act; (vii) a violation of the Hazing Act; or (viii) a violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the Criminal Code of 2012. The information derived from the juvenile law enforcement records shall be kept separate from and shall not become a part of the official school record of that child and shall not be a public record. The information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school. If the designated law enforcement and school officials deem it to be in the best interest of the minor, the student may be referred to in-school or community-based social services if those services are available. "Rehabilitation services" may include interventions by school support personnel, evaluation for eligibility for special education, referrals to community-based agencies such as youth services, behavioral healthcare service providers, drug and alcohol prevention or treatment programs, and other interventions as deemed appropriate for the student. (B) Any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject of a current police investigation that is directly related to school safety shall consist of oral information only, and not written juvenile law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. The information derived orally from the local law enforcement officials shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record. This limitation on the use of information about a minor who is the subject of a current police investigation shall in no way limit the use of this information by prosecutors in pursuing criminal charges arising out of the information disclosed during a police investigation of the minor. For purposes of this paragraph, "investigation" means an official systematic inquiry by a law enforcement agency into actual or suspected criminal activity. (9) Mental health professionals on behalf of the Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile law enforcement records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the juvenile law enforcement records sought. Any juvenile law enforcement records and any information obtained from those juvenile law enforcement records under this paragraph (9) may be used only in sexually violent persons commitment proceedings. (10) The president of a park district. Inspection and copying shall be limited to juvenile law enforcement records transmitted to the president of the park district by the Illinois State Police under Section 8-23 of the Park District Code or Section 16a-5 of the Chicago Park District Act concerning a person who is seeking employment with that park district and who has been adjudicated a juvenile delinquent for any of the offenses listed in subsection (c) of Section 8-23 of the Park District Code or subsection (c) of Section 16a-5 of the Chicago Park District Act. (11) Persons managing and designated to participate in a court diversion program as designated in subsection (6) of Section 5-105. (12) The Public Access Counselor of the Office of the Attorney General, when reviewing juvenile law enforcement records under its powers and duties under the Freedom of Information Act. (13) Collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity. (B)(1) Except as provided in paragraph (2), no law enforcement officer or other person or agency may knowingly transmit to the Department of Corrections, the Illinois State Police, or the Federal Bureau of Investigation any fingerprint or photograph relating to a minor who has been arrested or taken into custody before the minor's his or her 18th birthday, unless the court in proceedings under this Act authorizes the transmission or enters an order under Section 5-805 permitting or requiring the institution of criminal proceedings. (2) Law enforcement officers or other persons or agencies shall transmit to the Illinois State Police copies of fingerprints and descriptions of all minors who have been arrested or taken into custody before their 18th birthday for the offense of unlawful use of weapons under Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, a Class X or Class 1 felony, a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class 2 or greater felony under the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 of the Criminal Identification Act. Information reported to the Department pursuant to this Section may be maintained with records that the Department files pursuant to Section 2.1 of the Criminal Identification Act. Nothing in this Act prohibits a law enforcement agency from fingerprinting a minor taken into custody or arrested before the minor's his or her 18th birthday for an offense other than those listed in this paragraph (2). (C) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under 18 years of age must be maintained separate from the records of arrests and may not be open to public inspection or their contents disclosed to the public. For purposes of obtaining documents under this Section, a civil subpoena is not an order of the court. (1) In cases where the law enforcement, or independent agency, records concern a pending juvenile court case, the party seeking to inspect the records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought. (2) In cases where the records concern a juvenile court case that is no longer pending, the party seeking to inspect the records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act. (3) In determining whether the records should be available for inspection, the court shall consider the minor's interest in confidentiality and rehabilitation over the moving party's interest in obtaining the information. Any records obtained in violation of this subsection (C) shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office or securing employment, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority. (D) Nothing contained in subsection (C) of this Section shall prohibit the inspection or disclosure to victims and witnesses of photographs contained in the records of law enforcement agencies when the inspection and disclosure is conducted in the presence of a law enforcement officer for the purpose of the identification or apprehension of any person subject to the provisions of this Act or for the investigation or prosecution of any crime. (E) Law enforcement officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor. (F) Nothing contained in this Section shall prohibit law enforcement agencies from communicating with each other by letter, memorandum, teletype, or intelligence alert bulletin or other means the identity or other relevant information pertaining to a person under 18 years of age if there are reasonable grounds to believe that the person poses a real and present danger to the safety of the public or law enforcement officers. The information provided under this subsection (F) shall remain confidential and shall not be publicly disclosed, except as otherwise allowed by law. (G) Nothing in this Section shall prohibit the right of a Civil Service Commission or appointing authority of any federal government, state, county or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department from obtaining and examining the records of any law enforcement agency relating to any record of the applicant having been arrested or taken into custody before the applicant's 18th birthday. (G-5) Information identifying victims and alleged victims of sex offenses shall not be disclosed or open to the public under any circumstances. Nothing in this Section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing this his or her own identity. (H) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (H-5) Nothing in this Section shall require any court or adjudicative proceeding for traffic, boating, fish and game law, or municipal and county ordinance violations to be closed to the public. (I) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (I) shall not apply to the person who is the subject of the record. (J) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater. (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; 102-813, eff. 5-13-22.) (705 ILCS 405/1-8) Sec. 1-8. Confidentiality and accessibility of juvenile court records. (A) A juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal. Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. All juvenile court records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Sealed juvenile court records may be obtained only under this Section and Section 1-7 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court. Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following: (1) The minor who is the subject of record, the minor's his or her parents, guardian, and counsel. (2) Law enforcement officers and law enforcement agencies when such information is essential to executing an arrest or search warrant or other compulsory process, or to conducting an ongoing investigation or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang. Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity. Beginning July 1, 1994, for purposes of this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (3) Judges, hearing officers, prosecutors, public defenders, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors under the order of the juvenile court when essential to performing their responsibilities. (4) Judges, federal, State, and local prosecutors, public defenders, probation officers, and designated staff: (a) in the course of a trial when institution of criminal proceedings has been permitted or required under Section 5-805; (b) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a proceeding to determine the conditions of pretrial release; (c) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation; or (d) when a minor becomes 18 years of age or older, and is the subject of criminal proceedings, including a hearing to determine the conditions of pretrial release, a pre-trial investigation, a pre-sentence investigation, a fitness hearing, or proceedings on an application for probation. (5) Adult and Juvenile Prisoner Review Boards. (6) Authorized military personnel. (6.5) Employees of the federal government authorized by law. (7) Victims, their subrogees and legal representatives; however, such persons shall have access only to the name and address of the minor and information pertaining to the disposition or alternative adjustment plan of the juvenile court. (8) Persons engaged in bona fide research, with the permission of the presiding judge of the juvenile court and the chief executive of the agency that prepared the particular records; provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record. (9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as required in Section 6-204 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers. (10) The administrator of a bonafide substance abuse student assistance program with the permission of the presiding judge of the juvenile court. (11) Mental health professionals on behalf of the Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile court records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act, who is the subject of juvenile court records sought. Any records and any information obtained from those records under this paragraph (11) may be used only in sexually violent persons commitment proceedings. (12) Collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity. (A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code. (B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding disclosure of identity as the minor who is the subject of record. (C)(0.1) In cases where the records concern a pending juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought. (0.2) In cases where the juvenile court records concern a juvenile court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act. (0.3) In determining whether juvenile court records should be made available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting party's interest in obtaining the information. The State's Attorney, the minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records. (0.4) Any records obtained in violation of this Section shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority. (D) Pending or following any adjudication of delinquency for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Bill of Rights for Victims and Witnesses of Violent Crime Act; and the juvenile who is the subject of the adjudication, notwithstanding any other provision of this Act, shall be treated as an adult for the purpose of affording such rights to the victim. (E) Nothing in this Section shall affect the right of a Civil Service Commission or appointing authority of the federal government, or any state, county, or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department to ascertain whether that applicant was ever adjudicated to be a delinquent minor and, if so, to examine the records of disposition or evidence which were made in proceedings under this Act. (F) Following any adjudication of delinquency for a crime which would be a felony if committed by an adult, or following any adjudication of delinquency for a violation of Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain whether the minor respondent is enrolled in school and, if so, shall provide a copy of the dispositional order to the principal or chief administrative officer of the school. Access to the dispositional order shall be limited to the principal or chief administrative officer of the school and any school counselor designated by the principal or chief administrative officer him or her. (G) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders. (H) When a court hearing a proceeding under Article II of this Act becomes aware that an earlier proceeding under Article II had been heard in a different county, that court shall request, and the court in which the earlier proceedings were initiated shall transmit, an authenticated copy of the juvenile court record, including all documents, petitions, and orders filed and the minute orders, transcript of proceedings, and docket entries of the court. (I) The Clerk of the Circuit Court shall report to the Illinois State Police, in the form and manner required by the Illinois State Police, the final disposition of each minor who has been arrested or taken into custody before the minor's his or her 18th birthday for those offenses required to be reported under Section 5 of the Criminal Identification Act. Information reported to the Department under this Section may be maintained with records that the Department files under Section 2.1 of the Criminal Identification Act. (J) The changes made to this Section by Public Act 98-61 apply to juvenile law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (K) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (K) shall not apply to the person who is the subject of the record. (L) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater. (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) (705 ILCS 405/1-9) (from Ch. 37, par. 801-9) Sec. 1-9. Expungement of law enforcement and juvenile court records. (1) Expungement of law enforcement and juvenile court delinquency records shall be governed by Part 9 of Article V of this Act. (2) This subsection (2) applies to expungement of law enforcement and juvenile court records other than delinquency proceedings. Whenever any person has attained the age of 18 or whenever all juvenile court proceedings relating to that person have been terminated, whichever is later, the person may petition the court to expunge law enforcement records relating to incidents occurring before the minor's his 18th birthday or the minor's his juvenile court records, or both, if the minor was placed under supervision pursuant to Sections 2-20, 3-21, or 4-18, and such order of supervision has since been successfully terminated. (3) The chief judge of the circuit in which an arrest was made or a charge was brought or any judge of that circuit designated by the chief judge may, upon verified petition of a person who is the subject of an arrest or a juvenile court proceeding pursuant to subsection (2) of this Section, order the law enforcement records or juvenile court records, or both, to be expunged from the official records of the arresting authority and the clerk of the circuit court. Notice of the petition shall be served upon the State's Attorney and upon the arresting authority which is the subject of the petition for expungement. (4) The changes made to this Section by this amendatory Act of the 98th General Assembly apply to law enforcement and juvenile court records of a minor who has been arrested or taken into custody on or after the effective date of this amendatory Act. (Source: P.A. 100-1162, eff. 12-20-18.) (705 ILCS 405/2-1) (from Ch. 37, par. 802-1) Sec. 2-1. Jurisdictional facts. Proceedings may be instituted under the provisions of this Article concerning minors boys and girls who are abused, neglected or dependent, as defined in Sections 2-3 or 2-4. (Source: P.A. 85-601.) (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) Sec. 2-3. Neglected or abused minor. (1) Those who are neglected include: (a) any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for the minor's his or her well-being, including adequate food, clothing and shelter, or who is abandoned by the minor's his or her parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or (b) any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose environment is injurious to the minor's his or her welfare; or (c) any newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the person who gave birth mother or the newborn infant; or (d) any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor; or (e) 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 the minor himself, herself, or others living in the home. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including but not limited to: (1) the age of the minor; (2) the number of minors left at the location; (3) special needs of the minor, including whether the minor is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications; (4) the duration of time in which the minor was left without supervision; (5) the condition and location of the place where the minor was left without supervision; (6) the time of day or night when the minor was left without supervision; (7) the weather conditions, including whether the minor was left in a location with adequate protection from the natural elements such as adequate heat or light; (8) the location of the parent or guardian at the time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision; (9) whether the minor's movement was restricted, or the minor was otherwise locked within a room or other structure; (10) whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call; (11) whether there was food and other provision left for the minor; (12) whether any of the conduct is attributable to economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor; (13) the age and physical and mental capabilities of the person or persons who provided supervision for the minor; (14) whether the minor was left under the supervision of another person; (15) any other factor that would endanger the health and safety of that particular minor. A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent: (i) inflicts, causes to be inflicted, or allows to be inflicted upon such minor physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function; (ii) creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function; (iii) commits or allows to be committed any sex offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age; (iv) commits or allows to be committed an act or acts of torture upon such minor; (v) inflicts excessive corporal punishment; (vi) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor; or (vii) allows, encourages or requires a minor to commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age. A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor, the minor's himself, his parents, guardian or custodian. (4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly. (Source: P.A. 101-79, eff. 7-12-19.) (705 ILCS 405/2-4) (from Ch. 37, par. 802-4) Sec. 2-4. Dependent minor. (1) Those who are dependent include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday: (a) who is without a parent, guardian or legal custodian; (b) who is without proper care because of the physical or mental disability of the minor's his parent, guardian or custodian; (c) who is without proper medical or other remedial care recognized under State law or other care necessary for the minor's his or her well being through no fault, neglect or lack of concern by the minor's his parents, guardian or custodian, provided that no order may be made terminating parental rights, nor may a minor be removed from the custody of the minor's his or her parents for longer than 6 months, pursuant to an adjudication as a dependent minor under this subdivision (c), unless it is found to be in the minor's his or her best interest by the court or the case automatically closes as provided under Section 2-31 of this Act; or (d) who has a parent, guardian or legal custodian who with good cause wishes to be relieved of all residual parental rights and responsibilities, guardianship or custody, and who desires the appointment of a guardian of the person with power to consent to the adoption of the minor under Section 2-29. (2) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor, the minor's himself, his parent or parents, guardian or custodian or to a minor solely because the minor's his or her parent or parents or guardian has left the minor for any period of time in the care of an adult relative, who the parent or parents or guardian know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act. (3) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly. (Source: P.A. 101-79, eff. 7-12-19.) (705 ILCS 405/2-4b) Sec. 2-4b. Family Support Program services; hearing. (a) Any minor who is placed in the custody or guardianship of the Department of Children and Family Services under Article II of this Act on the basis of a petition alleging that the minor is dependent because the minor was left at a psychiatric hospital beyond medical necessity, and for whom an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services at the time the petition was filed, shall continue to be considered eligible for services if all other eligibility criteria are met. (b) The court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the minor to the custody of the respondent with Family Support Program services or whether the minor shall continue to be in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program services. In making its determination, the court shall consider the minor's best interest, the involvement of the respondent in proceedings under this Act, the involvement of the respondent in the minor's treatment, the relationship between the minor and the respondent, and any other factor the court deems relevant. If the court vacates the custody or guardianship of the Department of Children and Family Services and returns the minor to the custody of the respondent with Family Support Services, the Department of Healthcare and Family Services shall become fiscally responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services. (c) This Section does not apply to a minor: (1) for whom a petition has been filed under this Act alleging that the minor he or she is an abused or neglected minor; (2) for whom the court has made a finding that the minor he or she is an abused or neglected minor under this Act; or (3) who is in the temporary custody of the Department of Children and Family Services and the minor has been the subject of an indicated allegation of abuse or neglect, other than for psychiatric lockout, where a respondent was the perpetrator within 5 years of the filing of the pending petition. (Source: P.A. 100-978, eff. 8-19-18; 101-81, eff. 7-12-19.) (705 ILCS 405/2-5) (from Ch. 37, par. 802-5) Sec. 2-5. Taking into custody. (1) A law enforcement officer may, without a warrant, take into temporary custody a minor (a) whom the officer with reasonable cause believes to be a person described in Section 2-3 or 2-4; (b) who has been adjudged a ward of the court and has escaped from any commitment ordered by the court under this Act; or (c) who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment or hospitalization. (2) Whenever a petition has been filed under Section 2-13 and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor himself or others or that the circumstances of the minor's his home environment may endanger the minor's his health, person, welfare or property, a warrant may be issued immediately to take the minor into custody. (3) The taking of a minor into temporary custody under this Section is not an arrest nor does it constitute a police record. (Source: P.A. 85-601.) (705 ILCS 405/2-6) (from Ch. 37, par. 802-6) Sec. 2-6. Duty of officer. (1) A law enforcement officer who takes a minor into custody under Section 2-5 shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor he or she is being held. (a) A law enforcement officer who takes a minor into custody with a warrant shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue. (b) A law enforcement officer who takes a minor into custody without a warrant shall place the minor in temporary protective custody and shall immediately notify the Department of Children and Family Services by contacting either the central register established under 7.7 of the Abused and Neglected Child Reporting Act or the nearest Department of Children and Family Services office. If there is reasonable cause to suspect that a minor has died as a result of abuse or neglect, the law enforcement officer shall immediately report such suspected abuse or neglect to the appropriate medical examiner or coroner. (Source: P.A. 85-601.) (705 ILCS 405/2-7) (from Ch. 37, par. 802-7) Sec. 2-7. Temporary custody. "Temporary custody" means the temporary placement of the minor out of the custody of the minor's his or her guardian or parent, and includes the following: (1) "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department of Children and Family Services, subject to review by the court, including a licensed foster home, group home, or other institution. However, such place shall not be a jail or other place for the detention of the criminal or juvenile offenders. (2) "Shelter care" means a physically unrestrictive facility designated by the Department of Children and Family Services or a licensed child welfare agency, or other suitable place designated by the court for a minor who requires care away from the minor's his or her home. (Source: P.A. 85-601.) (705 ILCS 405/2-8) (from Ch. 37, par. 802-8) Sec. 2-8. Investigation; release. When a minor is delivered to the court, or to the place designated by the court under Section 2-7 of this Act, a probation officer or such other public officer designated by the court shall immediately investigate the circumstances of the minor and the facts surrounding the minor his or her being taken into custody. The minor shall be immediately released to the custody of the minor's his or her parent, guardian, legal custodian or responsible relative, unless the probation officer or such other public officer designated by the court finds that further temporary protective custody is necessary, as provided in Section 2-7. (Source: P.A. 85-601.) (705 ILCS 405/2-9) (from Ch. 37, par. 802-9) Sec. 2-9. Setting of temporary custody hearing; notice; release. (1) Unless sooner released, a minor as defined in Section 2-3 or 2-4 of this Act taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays and court-designated holidays, for a temporary custody hearing to determine whether the minor he shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court he shall cause a petition to be filed as provided in Section 2-13 of this Article, and the clerk of the court shall set the matter for hearing on the temporary custody hearing calendar. When a parent, guardian, custodian or responsible relative is present and so requests, the temporary custody hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The petitioner through counsel or such other public officer designated by the court shall insure notification to the minor's parent, guardian, custodian or responsible relative of the time and place of the hearing by the best practicable notice, allowing for oral notice in place of written notice only if provision of written notice is unreasonable under the circumstances. (3) The minor must be released from temporary protective custody at the expiration of the 48 hour period specified by this Section if not brought before a judicial officer within that period. (Source: P.A. 87-759.) (705 ILCS 405/2-10) (from Ch. 37, par. 802-10) Sec. 2-10. Temporary custody hearing. At the appearance of the minor before the court at the temporary custody hearing, all witnesses present shall be examined before the court in relation to any matter connected with the allegations made in the petition. (1) If the court finds that there is not probable cause to believe that the minor is abused, neglected or dependent it shall release the minor and dismiss the petition. (2) If the court finds that there is probable cause to believe that the minor is abused, neglected or dependent, the court shall state in writing the factual basis supporting its finding and the minor, the minor's his or her parent, guardian, custodian and other persons able to give relevant testimony shall be examined before the court. The Department of Children and Family Services shall give testimony concerning indicated reports of abuse and neglect, of which they are aware through the central registry, involving the minor's parent, guardian or custodian. After such testimony, the court may, consistent with the health, safety and best interests of the minor, enter an order that the minor shall be released upon the request of parent, guardian or custodian if the parent, guardian or custodian appears to take custody. 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 the minor's his or her home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child. If it is consistent with the health, safety and best interests of the minor, the court may also prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children and Family Services or a licensed child welfare agency; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except a minor less than 16 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act or a minor for whom an independent basis of abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act or a minor for whom an independent basis of abuse, neglect, or dependency exists. 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. In placing the minor, the Department or other agency shall, to the extent compatible with the court's order, comply with Section 7 of the Children and Family Services Act. In determining the health, safety and best interests of the minor to prescribe shelter care, the court must find that it is a matter of immediate and urgent necessity for the safety and protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that the minor he or she is likely to flee the jurisdiction of the court, and must further find that reasonable efforts have been made or that, consistent with the health, safety and best interests of the minor, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from the minor's his or her home. The court shall require documentation from the Department of Children and Family Services as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from the minor's his or her home or the reasons why no efforts reasonably could be made to prevent or eliminate the necessity of removal. When a minor is placed in the home of a relative, the Department of Children and Family Services shall complete a preliminary background review of the members of the minor's custodian's household in accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of that placement. If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or the minor's his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity. Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment. The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents. Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, and when the child has siblings in care, the Department of Children and Family Services shall file with the court and serve on the parties a sibling placement and contact plan within 10 days, excluding weekends and holidays, after the appointment. The sibling placement and contact plan shall set forth whether the siblings are placed together, and if they are not placed together, what, if any, efforts are being made to place them together. If the Department has determined that it is not in a child's best interest to be placed with a sibling, the Department shall document in the sibling placement and contact plan the basis for its determination. For siblings placed separately, the sibling placement and contact plan shall set the time and place for visits, the frequency of the visits, the length of visits, who shall be present for the visits, and where appropriate, the child's opportunities to have contact with their siblings in addition to in person contact. If the Department determines it is not in the best interest of a sibling to have contact with a sibling, the Department shall document in the sibling placement and contact plan the basis for its determination. The sibling placement and contact plan shall specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed. For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan. Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest. The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel. Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present. If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings. At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan or subsequently developed Sibling Contact Support Plan. Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders. Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe there is an immediate need to protect the child's health, safety, and welfare. Such restrictions or terminations must be based on available facts to the Department and its assigns when viewed in light of the surrounding circumstances and shall only occur on an individual case-by-case basis. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation. Acceptance of services shall not be considered an admission of any allegation in a petition made pursuant to this Act, nor may a referral of services be considered as evidence in any proceeding pursuant to this Act, except where the issue is whether the Department has made reasonable efforts to reunite the family. In making its findings that it is consistent with the health, safety and best interests of the minor to prescribe shelter care, the court shall state in writing (i) the factual basis supporting its findings concerning the immediate and urgent necessity for the protection of the minor or of the person or property of another and (ii) the factual basis supporting its findings that reasonable efforts were made to prevent or eliminate the removal of the minor from the minor's his or her home or that no efforts reasonably could be made to prevent or eliminate the removal of the minor from the minor's his or her home. The parents, guardian, custodian, temporary custodian and minor shall each be furnished a copy of such written findings. The temporary custodian shall maintain a copy of the court order and written findings in the case record for the child. The order together with the court's findings of fact in support thereof shall be entered of record in the court. Once the court finds that it is a matter of immediate and urgent necessity for the protection of the minor that the minor be placed in a shelter care facility, the minor shall not be returned to the parent, custodian or guardian until the court finds that such placement is no longer necessary for the protection of the minor. If the child is placed in the temporary custody of the Department of Children and Family Services for the minor's his or her protection, the court shall admonish the parents, guardian, custodian or responsible relative that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions which require the child to be in care, or risk termination of their parental rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living maternal and paternal adult relatives, including, but not limited to, grandparents, siblings of the minor's parents aunts, uncles, and siblings. The court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available. (3) If prior to the shelter care hearing for a minor described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is unable to serve notice on the party respondent, the shelter care hearing may proceed ex parte. A shelter care order from an ex parte hearing shall be endorsed with the date and hour of issuance and shall be filed with the clerk's office and entered of record. The order shall expire after 10 days from the time it is issued unless before its expiration it is renewed, at a hearing upon appearance of the party respondent, or upon an affidavit of the moving party as to all diligent efforts to notify the party respondent by notice as herein prescribed. The notice prescribed shall be in writing and shall be personally delivered to the minor or the minor's attorney and to the last known address of the other person or persons entitled to notice. The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the consequences of failure to appear and shall contain a notice that the parties will not be entitled to further written notices or publication notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights, except as required by Supreme Court Rule 11; and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided in this Section. The notice for a shelter care hearing shall be substantially as follows: NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING On ................ at ........., before the Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons: .............................................. and (2) whether there is "immediate and urgent necessity" to remove the child or children from the responsible relative. YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN PLACEMENT of the child or children in foster care until a trial can be held. A trial may not be held for up to 90 days. You will not be entitled to further notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights. At the shelter care hearing, parents have the following rights: 1. To ask the court to appoint a lawyer if they cannot afford one. 2. To ask the court to continue the hearing to allow them time to prepare. 3. To present evidence concerning: a. Whether or not the child or children were abused, neglected or dependent. b. Whether or not there is "immediate and urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal). c. The best interests of the child. 4. To cross examine the State's witnesses. The Notice for rehearings shall be substantially as follows: NOTICE OF PARENT'S AND CHILDREN'S RIGHTS TO REHEARING ON TEMPORARY CUSTODY If you were not present at and did not have adequate notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of ................. To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following: 1. That you were not present at the shelter care hearing. 2. That you did not get adequate notice (explaining how the notice was inadequate). 3. Your signature. 4. Signature must be notarized. The rehearing should be scheduled within 48 hours of your filing this affidavit. At the rehearing, your rights are the same as at the initial shelter care hearing. The enclosed notice explains those rights. At the Shelter Care Hearing, children have the following rights: 1. To have a guardian ad litem appointed. 2. To be declared competent as a witness and to present testimony concerning: a. Whether they are abused, neglected or dependent. b. Whether there is "immediate and urgent necessity" to be removed from home. c. Their best interests. 3. To cross examine witnesses for other parties. 4. To obtain an explanation of any proceedings and orders of the court. (4) If the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor he or she may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not later than 48 hours, excluding Sundays and legal holidays, after the filing of the affidavit. At the rehearing, the court shall proceed in the same manner as upon the original hearing. (5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail. This Section shall in no way be construed to limit subsection (6). (6) No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Minors under 18 years of age must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to the criminal law. (7) If the minor is not brought before a judicial officer within the time period as specified in Section 2-9, the minor must immediately be released from custody. (8) If neither the parent, guardian or custodian appears within 24 hours to take custody of a minor released upon request pursuant to subsection (2) of this Section, then the clerk of the court shall set the matter for rehearing not later than 7 days after the original order and shall issue a summons directed to the parent, guardian or custodian to appear. At the same time the probation department shall prepare a report on the minor. If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency. (9) Notwithstanding any other provision of this Section any interested party, including the State, the temporary custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, on notice to all parties entitled to notice, may file a motion that it is in the best interests of the minor to modify or vacate a temporary custody order on any of the following grounds: (a) It is no longer a matter of immediate and urgent necessity that the minor remain in shelter care; or (b) There is a material change in the circumstances of the natural family from which the minor was removed and the child can be cared for at home without endangering the child's health or safety; or (c) A person not a party to the alleged abuse, neglect or dependency, including a parent, relative or legal guardian, is capable of assuming temporary custody of the minor; or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody and the child can be cared for at home without endangering the child's health or safety. In ruling on the motion, the court shall determine whether it is consistent with the health, safety and best interests of the minor to modify or vacate a temporary custody order. If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-20 or 2-25. The clerk shall set the matter for hearing not later than 14 days after such motion is filed. In the event that the court modifies or vacates a temporary custody order but does not vacate its finding of probable cause, the court may order that appropriate services be continued or initiated in behalf of the minor and the minor's his or her family. (10) When the court finds or has found that there is probable cause to believe a minor is an abused minor as described in subsection (2) of Section 2-3 and that there is an immediate and urgent necessity for the abused minor to be placed in shelter care, immediate and urgent necessity shall be presumed for any other minor residing in the same household as the abused minor provided: (a) Such other minor is the subject of an abuse or neglect petition pending before the court; and (b) A party to the petition is seeking shelter care for such other minor. Once the presumption of immediate and urgent necessity has been raised, the burden of demonstrating the lack of immediate and urgent necessity shall be on any party that is opposing shelter care for the other minor. (11) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests factors listed in subsection (4.05) of Section 1-3 of this Act: (a) the efforts to identify and locate the respondents and adult family members of the minor and the results of those efforts; (b) the efforts to engage the respondents and adult family members of the minor in decision making on behalf of the minor; (c) the length of time the efforts in paragraphs (a) and (b) have been ongoing; (d) the relationship between the respondents and adult family members and the minor; (e) medical testimony regarding the extent to which the minor is suffering and the impact of a delay in decision-making on the minor; and (f) any other factor the court deems relevant. If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection. (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 102-813, eff. 5-13-22.) (705 ILCS 405/2-10.3) Sec. 2-10.3. Access to news media. (a) All youth in the custody or guardianship of the Department of Children and Family Services are entitled to the freedom of speech guaranteed by the First Amendment to the Constitution of the United States and Section 4 of Article I of the Illinois Constitution. The Department of Children and Family Services and its agents and assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. (b) Provisions related to minors under 18. Any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. The notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make the minor's his or her own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional, or mental harm. The Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. (c) Provisions related to minors over 18. The Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. (d) Court Review. (1) Any party may file a motion seeking to enforce rights under this Section. (2) If the minor does not have an attorney, the court shall appoint one for purposes of the motion. (3) The Department shall facilitate the minor's presence in court for hearings on the motion if the minor wants to be present. (4) The party filing the motion shall provide prior notice of the hearing to the involved news media. (5) Minors over 18. If the court finds that the Department has interfered with the minor's right to communicate with the media, the court shall enjoin any further interference by the Department with the minor's contacts with the news media. (6) Minors under 18. The Department shall have the burden of establishing by clear and convincing evidence: (i) that the minor does not have sufficient maturity to make the minor's his or her own decision to communicate with the news media and that contact with the news media will, more likely than not, cause the minor serious physical, emotional, or mental harm; and (ii) that less restrictive means are insufficient to address the minor's lack of maturity or the risk of serious physical, emotional, or mental harm. If the court finds by clear and convincing evidence that a minor under 18 years of age lacks sufficient maturity to make the minor's his or her own decision to communicate with the media and that the contact with the news media will, more likely than not, cause the minor serious physical, emotional, or mental harm, the court may issue an order identifying the specific limits that the Department may impose on the minor's communication with the news media. The order shall not permit the Department to prevent the minor from communicating with the news media unless it determines that no less restrictive means are available to address the likelihood of harm to the minor. (7) The court shall not impose any limitations on the speech of a minor based on viewpoints the minor may express or information the minor may divulge, unless it is confidential information regarding third parties. (8) All orders resolving motions brought under this subsection shall contain written findings in support of the court's ruling. (e) As used in this Section, "interfere" includes, but is not limited to: withholding information from a minor about a news media outlet's request to speak with the minor, including any contact information necessary to respond to the request; preventing a minor from communicating with the news media; threatening or coercing the minor in any manner; or punishing or taking adverse action because of a minor's contact with the news media. "Interfere" does not include: (1) providing information and advice about communicating with news media that is consistent with the minor's age, developmental capacity and circumstances, including information about the minor's right to refuse particular questions, the right to condition the participation upon a promise of anonymity or other privacy measures, the right to refuse to speak to the news media, and similar advice designed to enhance the minor's right to autonomy in communicating with the news media; and (2) conducting an inquiry into (i) whether a minor under 18 is sufficiently mature to decide for themselves whether to communicate with the news media and (ii) whether communicating with the news media will more likely than not cause serious physical, emotional, or mental harm to the minor under 18. The inquiry in this subsection must be concluded within one business day of the request from the news media. (f) As used in this Section, "less restrictive means" are conditions on the minor's ability to communicate with the news media that mitigate the likelihood that physical, emotional, or mental harm will result, and include, but are not limited to: (1) the news media outlet's willingness to take steps to protect the minor's privacy, such as using a pseudonym or limiting the use of the voice or image of a minor; (2) the presence of the minor's guardian ad litem or attorney or another adult of the minor's choosing, during the communication with the news media; and (3) providing the minor with age-appropriate media literacy materials or other relevant educational material. (Source: P.A. 102-615, eff. 8-27-21.) (705 ILCS 405/2-11) (from Ch. 37, par. 802-11) Sec. 2-11. Medical and dental treatment and care. At all times during temporary custody or shelter care, the court may authorize a physician, a hospital or any other appropriate health care provider to provide medical, dental or surgical procedures if such procedures are necessary to safeguard the minor's life or health. With respect to any minor for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian, the Guardianship Administrator or the Guardianship Administrator's his designee shall be deemed the minor's legally authorized representative for purposes of consenting to an HIV test and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmissible Disease Control Act. Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or the Guardianship Administrator's his designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed. (Source: P.A. 86-904.) (705 ILCS 405/2-13) (from Ch. 37, par. 802-13) Sec. 2-13. Petition. (1) Any adult person, any agency or association by its representative may file, or the court on its own motion, consistent with the health, safety and best interests of the minor may direct the filing through the State's Attorney of a petition in respect of a minor under this Act. The petition and all subsequent court documents shall be entitled "In the interest of ...., a minor". (2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor is abused, neglected, or dependent, with citations to the appropriate provisions of this Act, and set forth (a) facts sufficient to bring the minor under Section 2-3 or 2-4 and to inform respondents of the cause of action, including, but not limited to, a plain and concise statement of the factual allegations that form the basis for the filing of the petition; (b) the name, age and residence of the minor; (c) the names and residences of the minor's his parents; (d) the name and residence of the minor's his legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which such temporary custody was ordered by the court or the date set for a temporary custody hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state. (3) The petition must allege that it is in the best interests of the minor and of the public that the minor he be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection. (4) If termination of parental rights and appointment of a guardian of the person with power to consent to adoption of the minor under Section 2-29 is sought, the petition shall so state. If the petition includes this request, the prayer for relief shall clearly and obviously state that the parents could permanently lose their rights as a parent at this hearing. In addition to the foregoing, the petitioner, by motion, may request the termination of parental rights and appointment of a guardian of the person with power to consent to adoption of the minor under Section 2-29 at any time after the entry of a dispositional order under Section 2-22. (4.5) (a) Unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, with respect to any minors committed to its care pursuant to this Act, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under Section 2-29 if: (i) a minor has been in foster care, as described in subsection (b), for 15 months of the most recent 22 months; or (ii) a minor under the age of 2 years has been previously determined to be abandoned at an adjudicatory hearing; or (iii) the parent is criminally convicted of: (A) first degree murder or second degree murder of any child; (B) attempt or conspiracy to commit first degree murder or second degree murder of any child; (C) solicitation to commit murder of any child, solicitation to commit murder for hire of any child, or solicitation to commit second degree murder of any child; (D) aggravated battery, aggravated battery of a child, or felony domestic battery, any of which has resulted in serious injury to the minor or a sibling of the minor; (E) predatory criminal sexual assault of a child; (E-5) aggravated criminal sexual assault; (E-10) criminal sexual abuse in violation of subsection (a) of Section 11-1.50 of the Criminal Code of 1961 or the Criminal Code of 2012; (E-15) sexual exploitation of a child; (E-20) permitting sexual abuse of a child; (E-25) criminal sexual assault; or (F) an offense in any other state the elements of which are similar and bear a substantial relationship to any of the foregoing offenses. (a-1) For purposes of this subsection (4.5), good cause exists in the following circumstances: (i) the child is being cared for by a relative, (ii) the Department has documented in the case plan a compelling reason for determining that filing such petition would not be in the best interests of the child, (iii) the court has found within the preceding 12 months that the Department has failed to make reasonable efforts to reunify the child and family, or (iv) the parent is incarcerated, or the parent's prior incarceration is a significant factor in why the child has been in foster care for 15 months out of any 22-month period, the parent maintains a meaningful role in the child's life, and the Department has not documented another reason why it would otherwise be appropriate to file a petition to terminate parental rights pursuant to this Section and the Adoption Act. The assessment of whether an incarcerated parent maintains a meaningful role in the child's life may include consideration of the following: (A) the child's best interest; (B) the parent's expressions or acts of manifesting concern for the child, such as letters, telephone calls, visits, and other forms of communication with the child and the impact of the communication on the child; (C) the parent's efforts to communicate with and work with the Department for the purpose of complying with the service plan and repairing, maintaining, or building the parent-child relationship; or (D) limitations in the parent's access to family support programs, therapeutic services, visiting opportunities, telephone and mail services, and meaningful participation in court proceedings. (b) For purposes of this subsection, the date of entering foster care is defined as the earlier of: (1) The date of a judicial finding at an adjudicatory hearing that the child is an abused, neglected, or dependent minor; or (2) 60 days after the date on which the child is removed from the child's his or her parent, guardian, or legal custodian. (c) (Blank). (d) (Blank). (5) The court shall liberally allow the petitioner to amend the petition to set forth a cause of action or to add, amend, or supplement factual allegations that form the basis for a cause of action up until 14 days before the adjudicatory hearing. The petitioner may amend the petition after that date and prior to the adjudicatory hearing if the court grants leave to amend upon a showing of good cause. The court may allow amendment of the petition to conform with the evidence at any time prior to ruling. In all cases in which the court has granted leave to amend based on new evidence or new allegations, the court shall permit the respondent an adequate opportunity to prepare a defense to the amended petition. (6) At any time before dismissal of the petition or before final closing and discharge under Section 2-31, one or more motions in the best interests of the minor may be filed. The motion shall specify sufficient facts in support of the relief requested. (Source: P.A. 101-529, eff. 1-1-20.) (705 ILCS 405/2-13.1) Sec. 2-13.1. Early termination of reasonable efforts. (1) (a) In conjunction with, or at any time subsequent to, the filing of a petition on behalf of a minor in accordance with Section 2-13 of this Act, the State's Attorney, the guardian ad litem, or the Department of Children and Family Services may file a motion requesting a finding that reasonable efforts to reunify that minor with the minor's his or her parent or parents are no longer required and are to cease. (b) The court shall grant this motion with respect to a parent of the minor if the court finds after a hearing that the parent has: (i) had his or her parental rights to another child of the parent involuntarily terminated; or (ii) been convicted of: (A) first degree or second degree murder of another child of the parent; (B) attempt or conspiracy to commit first degree or second degree murder of another child of the parent; (C) solicitation to commit murder of another child of the parent, solicitation to commit murder for hire of another child of the parent, or solicitation to commit second degree murder of another child of the parent; (D) aggravated battery, aggravated battery of a child, or felony domestic battery, any of which has resulted in serious bodily injury to the minor or another child of the parent; or (E) an offense in any other state the elements of which are similar and bear substantial relationship to any of the foregoing offenses unless the court sets forth in writing a compelling reason why terminating reasonable efforts to reunify the minor with the parent would not be in the best interests of that minor. (c) The court shall also grant this motion with respect to a parent of the minor if: (i) after a hearing it determines that further reunification services would no longer be appropriate, and (ii) a dispositional hearing has already taken place. (2) (a) The court shall hold a permanency hearing within 30 days of granting a motion pursuant to this subsection. If an adjudicatory or a dispositional hearing, or both, has not taken place when the court grants a motion pursuant to this Section, then either or both hearings shall be held as needed so that both take place on or before the date a permanency hearing is held pursuant to this subsection. (b) Following a permanency hearing held pursuant to paragraph (a) of this subsection, the appointed custodian or guardian of the minor shall make reasonable efforts to place the child in accordance with the permanency plan and goal set by the court, and to complete the necessary steps to locate and finalize a permanent placement. (Source: P.A. 90-608, eff. 6-30-98.) (705 ILCS 405/2-15) (from Ch. 37, par. 802-15) Sec. 2-15. Summons. (1) When a petition is filed, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's legal guardian or custodian and to each person named as a respondent in the petition, except that summons need not be directed to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act. (2) The summons must contain a statement that the minor or any of the respondents is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor or any other respondent desires to be represented by an attorney but is financially unable to employ counsel. (3) The summons shall be issued under the seal of the court, attested in and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing. The summons shall contain a notice that the parties will not be entitled to further written notices or publication notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights, except as required by Supreme Court Rule 11. (4) The summons may be served by any county sheriff, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof thereof. (5) Service of a summons and petition shall be made by: (a) leaving a copy thereof with the person summoned at least 3 days before the time stated therein for appearance; (b) leaving a copy at the summoned person's his or her usual place of abode with some person of the family or a person residing there, of the age of 10 years or upwards, and informing that person of the contents thereof, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at the person's his usual place of abode, at least 3 days before the time stated therein for appearance; or (c) leaving a copy thereof with the guardian or custodian of a minor, at least 3 days before the time stated therein for appearance. If the guardian or custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of such agency designated by such agency to accept service of summons and petitions. The certificate of the officer or affidavit of the person that the officer or person he has sent the copy pursuant to this Section is sufficient proof of service. (6) When a parent or other person, who has signed a written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both. (7) The appearance of the minor's legal guardian or custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service of summons and submission to the jurisdiction of the court, except that the filing of a motion authorized under Section 2-301 of the Code of Civil Procedure does not constitute an appearance under this subsection. A copy of the summons and petition shall be provided to the person at the time of the person's his appearance. (8) Notice to a parent who has appeared or been served with summons personally or by certified mail, and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with Supreme Court Rule 11. Notice to a parent who was served by publication and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with this Section and Section 2-16. (Source: P.A. 101-146, eff. 1-1-20.) (705 ILCS 405/2-16) (from Ch. 37, par. 802-16) Sec. 2-16. Notice by certified mail or publication. (1) If service on individuals as provided in Section 2-15 is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In such case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after such mailing. The regular return receipt for certified mail is sufficient proof of service. (2) Where a respondent's usual place of abode is not known, a diligent inquiry shall be made to ascertain the respondent's current and last known address. The Department of Children and Family Services shall adopt rules defining the requirements for conducting a diligent search to locate parents of minors in the custody of the Department. If, after diligent inquiry made at any time within the preceding 12 months, the usual place of abode cannot be reasonably ascertained, or if the respondent is concealing the respondent's his or her whereabouts to avoid service of process, petitioner's attorney shall file an affidavit at the office of the clerk of court in which the action is pending showing that the respondent on due inquiry cannot be found or is concealing the respondent's his or her whereabouts so that process cannot be served. The affidavit shall state the last known address of the respondent. The affidavit shall also state what efforts were made to effectuate service. Within 3 days of receipt of the affidavit, the clerk shall issue publication service as provided below. The clerk shall also send a copy thereof by mail addressed to each respondent listed in the affidavit at the respondent's his or her last known address. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Notice by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless notice by publication is given or unless that person appears. When a minor has been sheltered under Section 2-10 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of court directing such shelter care, the clerk of the court shall cause publication. Notice by publication shall be substantially as follows: "A, B, C, D, (here giving the names of the named respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation): Take notice that on (insert date) a petition was filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on (insert date) at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. THE COURT HAS AUTHORITY IN THIS PROCEEDING TO TAKE FROM YOU THE CUSTODY AND GUARDIANSHIP OF THE MINOR, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS TO YOUR CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR PARENTAL RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION, YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD. Unless you appear you will not be entitled to further written notices or publication notices of the proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights. Now, unless you appear at the hearing and show cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered. ...................... Clerk Dated (insert the date of publication)" (3) The clerk shall also at the time of the publication of the notice send a copy thereof by mail to each of the respondents on account of whom publication is made at each of the respondents' his or her last known address. The certificate of the clerk that the clerk he or she has mailed the notice is evidence thereof. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any parent, guardian or legal custodian in the case of a minor described in Section 2-3 or 2-4. (4) If it becomes necessary to change the date set for the hearing in order to comply with Section 2-14 or with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail. (5) Notice to a parent who has appeared or been served with summons personally or by certified mail, and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with Supreme Court Rule 11. Notice to a parent who was served by publication and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with this Section and Section 2-15. (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 91-357, eff. 7-29-99.) (705 ILCS 405/2-17) (from Ch. 37, par. 802-17) Sec. 2-17. Guardian ad litem. (1) Immediately upon the filing of a petition alleging that the minor is a person described in Sections 2-3 or 2-4 of this Article, the court shall appoint a guardian ad litem for the minor if: (a) such petition alleges that the minor is an abused or neglected child; or (b) such petition alleges that charges alleging the commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law, the guardian ad litem he or she shall be represented in the performance of the guardian ad litem's his or her duties by counsel. The guardian ad litem shall represent the best interests of the minor and shall present recommendations to the court consistent with that duty. (2) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if: (a) no parent, guardian, custodian or relative of the minor appears at the first or any subsequent hearing of the case; (b) the petition prays for the appointment of a guardian with power to consent to adoption; or (c) the petition for which the minor is before the court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act. (3) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's his parents or other custodian or that it is otherwise in the minor's best interest to do so. (4) Unless the guardian ad litem is an attorney, the guardian ad litem he or she shall be represented by counsel. (4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested. (5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county. (6) A guardian ad litem appointed under this Section, shall receive copies of any and all classified reports of child abuse and neglect made under the Abused and Neglected Child Reporting Act in which the minor who is the subject of a report under the Abused and Neglected Child Reporting Act, is also the minor for whom the guardian ad litem is appointed under this Section. (6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule. (7) The appointed guardian ad litem shall remain the minor's guardian ad litem throughout the entire juvenile trial court proceedings, including permanency hearings and termination of parental rights proceedings, unless there is a substitution entered by order of the court. (8) The guardian ad litem or an agent of the guardian ad litem shall have a minimum of one in-person contact with the minor and one contact with one of the current foster parents or caregivers prior to the adjudicatory hearing, and at least one additional in-person contact with the child and one contact with one of the current foster parents or caregivers after the adjudicatory hearing but prior to the first permanency hearing and one additional in-person contact with the child and one contact with one of the current foster parents or caregivers each subsequent year. For good cause shown, the judge may excuse face-to-face interviews required in this subsection. (9) In counties with a population of 100,000 or more but less than 3,000,000, each guardian ad litem must successfully complete a training program approved by the Department of Children and Family Services. The Department of Children and Family Services shall provide training materials and documents to guardians ad litem who are not mandated to attend the training program. The Department of Children and Family Services shall develop and distribute to all guardians ad litem a bibliography containing information including but not limited to the juvenile court process, termination of parental rights, child development, medical aspects of child abuse, and the child's need for safety and permanence. (Source: P.A. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.) (705 ILCS 405/2-17.1) Sec. 2-17.1. Court appointed special advocate. (1) The court shall appoint a special advocate upon the filing of a petition under this Article or at any time during the pendency of a proceeding under this Article if special advocates are available. The court appointed special advocate may also serve as guardian ad litem by appointment of the court under Section 2-17 of this Act. (1.2) In counties of populations over 3,000,000 the court may appoint a special advocate upon the filing of a petition under this Article or at any time during the pendency of a proceeding under this Article. No special advocate shall act as guardian ad litem in counties of populations over 3,000,000. (1.5) "Court appointed special advocate" means a community volunteer who: (a) is 21 or older; (b) shall receive training with State and nationally developed standards, has been screened and trained regarding child abuse and neglect, child development, and juvenile court proceedings according to the standards of the National CASA Association; (c) is being actively supervised by a court appointed special advocate program in good standing with the Illinois Association of Court Appointed Special Advocates; and (d) has been sworn in by a circuit court judge assigned to juvenile cases in the circuit court in which the court appointed special advocate he or she wishes to serve. Court appointed special advocate programs shall promote policies, practices, and procedures that are culturally competent. As used in this Section, "cultural competency" means the capacity to function in more than one culture, requiring the ability to appreciate, understand, and interact with members of diverse populations within the local community. (2) The court appointed special advocate shall: (a) conduct an independent assessment to monitor the facts and circumstances surrounding the case by monitoring the court order; (b) maintain regular and sufficient in-person contact with the minor; (c) submit written reports to the court regarding the minor's best interests; (d) advocate for timely court hearings to obtain permanency for the minor; (e) be notified of all administrative case reviews pertaining to the minor and work with the parties' attorneys, the guardian ad litem, and others assigned to the minor's case to protect the minor's health, safety, and best interests and insure the proper delivery of child welfare services; (f) attend all court hearings and other proceedings to advocate for the minor's best interests; (g) monitor compliance with the case plan and all court orders; and (h) review all court documents that relate to the minor child. (2.1) The court may consider, at its discretion, testimony of the court appointed special advocate pertaining to the well-being of the minor. (2.2) Upon presentation of an order of appointment, a court appointed special advocate shall have access to all records and information relevant to the minor's case with regard to the minor child. (2.2-1) All records and information acquired, reviewed, or produced by a court appointed special advocate during the course of the court appointed special advocate's his or her appointment shall be deemed confidential and shall not be disclosed except as ordered by the court. (3) Court appointed special advocates shall serve as volunteers without compensation and shall receive training consistent with nationally developed standards. (4) No person convicted of a criminal offense as specified in Section 4.2 of the Child Care Act of 1969 and no person identified as a perpetrator of an act of child abuse or neglect as reflected in the Department of Children and Family Services State Central Register shall serve as a court appointed special advocate. (5) All costs associated with the appointment and duties of the court appointed special advocate shall be paid by the court appointed special advocate or an organization of court appointed special advocates. In no event shall the court appointed special advocate be liable for any costs of services provided to the child. (6) The court may remove the court appointed special advocate or the guardian ad litem from a case upon finding that the court appointed special advocate or the guardian ad litem has acted in a manner contrary to the child's best interest or if the court otherwise deems continued service is unwanted or unnecessary. (7) In any county in which a program of court appointed special advocates is in operation, the provisions of this Section shall apply. (8) Any court appointed special advocate acting in good faith within the scope of the court appointed special advocate's his or her appointment shall have immunity from any civil or criminal liability that otherwise might result by reason of the court appointed special advocate's his or her actions, except in cases of willful and wanton misconduct. For the purpose of any civil or criminal proceedings, the good faith of any court appointed special advocate shall be presumed. (Source: P.A. 102-607, eff. 1-1-22.) (705 ILCS 405/2-20) (from Ch. 37, par. 802-20) Sec. 2-20. Continuance under supervision. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of proceeding a finding of whether or not the minor is abused, neglected or dependent; and (b) in the absence of objection made in open court by the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney. (2) If the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney, objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be abused, neglected or dependent is continued pursuant to this Section, the court may permit the minor to remain in the minor's his home if the court determines and makes written factual findings that the minor can be cared for at home when consistent with the minor's health, safety, and best interests, subject to such conditions concerning the minor's his conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay. (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.) (705 ILCS 405/2-22) (from Ch. 37, par. 802-22) Sec. 2-22. Dispositional hearing; evidence; continuance. (1) At the dispositional hearing, the court shall determine whether it is in the best interests of the minor and the public that the minor he be made a ward of the court, and, if the minor he is to be made a ward of the court, the court shall determine the proper disposition best serving the health, safety and interests of the minor and the public. The court also shall consider the permanency goal set for the minor, the nature of the service plan for the minor and the services delivered and to be delivered under the plan. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing. (2) Once all parties respondent have been served in compliance with Sections 2-15 and 2-16, no further service or notice must be given to a party prior to proceeding to a dispositional hearing. Before making an order of disposition the court shall advise the State's Attorney, the parents, guardian, custodian or responsible relative or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. The court may order, however, that the documents containing such reports need not be submitted to inspection, or that sources of confidential information need not be disclosed except to the attorneys for the parties. Factual contents, conclusions, documents and sources disclosed by the court under this paragraph shall not be further disclosed without the express approval of the court pursuant to an in camera hearing. (3) A record of a prior continuance under supervision under Section 2-20, whether successfully completed with regard to the child's health, safety and best interest, or not, is admissible at the dispositional hearing. (4) On its own motion or that of the State's Attorney, a parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence, if the adjournment is consistent with the health, safety and best interests of the minor, but in no event shall continuances be granted so that the dispositional hearing occurs more than 6 months after the initial removal of a minor from the minor's his or her home. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor has been removed from the minor's his or her home before an order of disposition has been made. (5) Unless already set by the court, at the conclusion of the dispositional hearing, the court shall set the date for the first permanency hearing, to be conducted under subsection (2) of Section 2-28, which shall be held: (a) within 12 months from the date temporary custody was taken, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1. (6) When the court declares a child to be a ward of the court and awards guardianship to the Department of Children and Family Services, (a) the court shall admonish the parents, guardian, custodian or responsible relative that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions which require the child to be in care, or risk termination of their parental rights; and (b) the court shall inquire of the parties of any intent to proceed with termination of parental rights of a parent: (A) whose identity still remains unknown; (B) whose whereabouts remain unknown; or (C) who was found in default at the adjudicatory hearing and has not obtained an order setting aside the default in accordance with Section 2-1301 of the Code of Civil Procedure. (Source: P.A. 92-822, eff. 8-21-02.) (705 ILCS 405/2-23) (from Ch. 37, par. 802-23) Sec. 2-23. Kinds of dispositional orders. (1) The following kinds of orders of disposition may be made in respect of wards of the court: (a) A minor found to be neglected or abused under Section 2-3 or dependent under Section 2-4 may be (1) continued in the custody of the minor's his or her parents, guardian or legal custodian; (2) placed in accordance with Section 2-27; (3) restored to the custody of the parent, parents, guardian, or legal custodian, provided the court shall order the parent, parents, guardian, or legal custodian to cooperate with the Department of Children and Family Services and comply with the terms of an after-care plan or risk the loss of custody of the child and the possible termination of their parental rights; or (4) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act. If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24. However, in any case in which a minor is found by the court to be neglected or abused under Section 2-3 of this Act, custody of the minor shall not be restored to any parent, guardian or legal custodian whose acts or omissions or both have been identified, pursuant to subsection (1) of Section 2-21, as forming the basis for the court's finding of abuse or neglect, until such time as a hearing is held on the issue of the best interests of the minor and the fitness of such parent, guardian or legal custodian to care for the minor without endangering the minor's health or safety, and the court enters an order that such parent, guardian or legal custodian is fit to care for the minor. (b) A minor found to be dependent under Section 2-4 may be (1) placed in accordance with Section 2-27 or (2) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act. However, in any case in which a minor is found by the court to be dependent under Section 2-4 of this Act, custody of the minor shall not be restored to any parent, guardian or legal custodian whose acts or omissions or both have been identified, pursuant to subsection (1) of Section 2-21, as forming the basis for the court's finding of dependency, until such time as a hearing is held on the issue of the fitness of such parent, guardian or legal custodian to care for the minor without endangering the minor's health or safety, and the court enters an order that such parent, guardian or legal custodian is fit to care for the minor. (b-1) A minor between the ages of 18 and 21 may be placed pursuant to Section 2-27 of this Act if (1) the court has granted a supplemental petition to reinstate wardship of the minor pursuant to subsection (2) of Section 2-33, (2) the court has adjudicated the minor a ward of the court, permitted the minor to return home under an order of protection, and subsequently made a finding that it is in the minor's best interest to vacate the order of protection and commit the minor to the Department of Children and Family Services for care and service, or (3) the court returned the minor to the custody of the respondent under Section 2-4b of this Act without terminating the proceedings under Section 2-31 of this Act, and subsequently made a finding that it is in the minor's best interest to commit the minor to the Department of Children and Family Services for care and services. (c) When the court awards guardianship to the Department of Children and Family Services, the court shall order the parents to cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions that require the child to be in care, or risk termination of their parental rights. (2) Any order of disposition may provide for protective supervision under Section 2-24 and may include an order of protection under Section 2-25. Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification, not inconsistent with Section 2-28, until final closing and discharge of the proceedings under Section 2-31. (3) The court also shall enter any other orders necessary to fulfill the service plan, including, but not limited to, (i) orders requiring parties to cooperate with services, (ii) restraining orders controlling the conduct of any party likely to frustrate the achievement of the goal, and (iii) visiting orders. When the child is placed separately from a sibling, the court shall review the Sibling Contact Support Plan developed under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the child's best interest, the court may enter an order requiring the Department to develop and implement a Sibling Contact Support Plan under subsection (f) of Section 7.4 of the Children and Family Services Act or order mediation. Unless otherwise specifically authorized by law, the court is not empowered under this subsection (3) to order specific placements, specific services, or specific service providers to be included in the plan. If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days after the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (3.5) of this Section or authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan. (3.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (3.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule. (4) In addition to any other order of disposition, the court may order any minor adjudicated neglected with respect to the minor's his or her own injurious behavior to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may pay some or all of such restitution on the minor's behalf. (5) Any order for disposition where the minor is committed or placed in accordance with Section 2-27 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. Such payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. (7) The court may terminate the parental rights of a parent at the initial dispositional hearing if all of the conditions in subsection (5) of Section 2-21 are met. (Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.) (705 ILCS 405/2-24) (from Ch. 37, par. 802-24) Sec. 2-24. Protective supervision. (1) If the order of disposition, following a determination of the best interests of the minor, releases the minor to the custody of the minor's his parents, guardian or legal custodian, or continues the minor him in such custody, the court may, if the health, safety and best interests of the minor require, place the person having custody of the minor, except for representatives of private or public agencies or governmental departments, under supervision of the probation office. (2) An order of protective supervision may require the parent to present the child for periodic medical examinations, which shall include an opportunity for medical personnel to speak with and examine the child outside the presence of the parent. The results of the medical examinations conducted in accordance with this Section shall be made available to the Department, the guardian ad litem, and the court. (3) Rules or orders of court shall define the terms and conditions of protective supervision, which may be modified or terminated when the court finds that the health, safety and best interests of the minor and the public will be served thereby. (Source: P.A. 90-28, eff. 1-1-98.) (705 ILCS 405/2-25) (from Ch. 37, par. 802-25) Sec. 2-25. Order of protection. (1) The court may make an order of protection in assistance of or as a condition of any other order authorized by this Act. The order of protection shall be based on the health, safety and best interests of the minor and may set forth reasonable conditions of behavior to be observed for a specified period. Such an order may require a person: (a) to stay away from the home or the minor; (b) to permit a parent to visit the minor at stated periods; (c) to abstain from offensive conduct against the minor, the minor's his parent or any person to whom custody of the minor is awarded; (d) to give proper attention to the care of the home; (e) to cooperate in good faith with an agency to which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court; (f) to prohibit and prevent any contact whatsoever with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor; (g) to refrain from acts of commission or omission that tend to make the home not a proper place for the minor; (h) to refrain from contacting the minor and the foster parents in any manner that is not specified in writing in the case plan. (2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section. (3) When the court issues an order of protection against any person as provided by this Section, the court shall direct a copy of such order to the Sheriff of that county. The Sheriff shall furnish a copy of the order of protection to the Illinois State Police within 24 hours of receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders of protection and make this data available to all local law enforcement agencies. (4) After notice and opportunity for hearing afforded to a person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the health, safety, and best interests of the minor and the public will be served thereby. (5) An order of protection may be sought at any time during the course of any proceeding conducted pursuant to this Act if such an order is consistent with the health, safety, and best interests of the minor. Any person against whom an order of protection is sought may retain counsel to represent the person him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing in writing of the contents of the petition seeking a protective order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition. (6) Diligent efforts shall be made by the petitioner to serve any person or persons against whom any order of protection is sought with written notice of the contents of the petition seeking a protective order and of the date, place and time at which the hearing on the petition is to be held. When a protective order is being sought in conjunction with a temporary custody hearing, if the court finds that the person against whom the protective order is being sought has been notified of the hearing or that diligent efforts have been made to notify such person, the court may conduct a hearing. If a protective order is sought at any time other than in conjunction with a temporary custody hearing, the court may not conduct a hearing on the petition in the absence of the person against whom the order is sought unless the petitioner has notified such person by personal service at least 3 days before the hearing or has sent written notice by first class mail to such person's last known address at least 5 days before the hearing. (7) A person against whom an order of protection is being sought who is neither a parent, guardian, legal custodian or responsible relative as described in Section 1-5 is not a party or respondent as defined in that Section and shall not be entitled to the rights provided therein. Such person does not have a right to appointed counsel or to be present at any hearing other than the hearing in which the order of protection is being sought or a hearing directly pertaining to that order. Unless the court orders otherwise, such person does not have a right to inspect the court file. (8) All protective orders entered under this Section shall be in writing. Unless the person against whom the order was obtained was present in court when the order was issued, the sheriff, other law enforcement official or special process server shall promptly serve that order upon that person and file proof of such service, in the manner provided for service of process in civil proceedings. The person against whom the protective order was obtained may seek a modification of the order by filing a written motion to modify the order within 7 days after actual receipt by the person of a copy of the order. Any modification of the order granted by the court must be determined to be consistent with the best interests of the minor. (9) 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 service necessary to the safety and welfare of the minor, the court may proceed to findings and an order for temporary custody. (Source: P.A. 102-538, eff. 8-20-21.) (705 ILCS 405/2-26) (from Ch. 37, par. 802-26) Sec. 2-26. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the minor so requires, by the issuance of a warrant to take the alleged violator into custody and bring the minor him before the court. (2) In any case where an order of protection has been entered, the clerk of the court may issue to the petitioner, to the minor or to any other person affected by the order a certificate stating that an order of protection has been made by the court concerning such persons and setting forth its terms and requirements. The presentation of the certificate to any peace officer authorizes the peace officer him to take into custody a person charged with violating the terms of the order of protection, to bring such person before the court and, within the limits of the peace officer's his legal authority as such peace officer, otherwise to aid in securing the protection the order is intended to afford. (Source: P.A. 85-601.) (705 ILCS 405/2-27) (from Ch. 37, par. 802-27) Sec. 2-27. Placement; legal custody or guardianship. (1) If the court determines and puts in writing the factual basis supporting the determination of whether the parents, guardian, or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor or are unwilling to do so, and that the health, safety, and best interest of the minor will be jeopardized if the minor remains in the custody of the minor's his or her parents, guardian or custodian, the court may at this hearing and at any later point: (a) place the minor in the custody of a suitable relative or other person as legal custodian or guardian; (a-5) with the approval of the Department of Children and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; "subsidized guardianship" means a private guardianship arrangement for children for whom the permanency goals of return home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules; (b) place the minor under the guardianship of a probation officer; (c) commit the minor to an agency for care or placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services; (d) on and after the effective date of this amendatory Act of the 98th General Assembly and before January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 16 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. On and after January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. 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. The Department shall be given due notice of the pendency of the action and the Guardianship Administrator of the Department of Children and Family Services shall be appointed guardian of the person of the minor. Whenever the Department seeks to discharge a minor from its care and service, the Guardianship Administrator shall petition the court for an order terminating guardianship. The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship Administrator to documents affecting the guardian-ward relationship of children for whom the Guardianship Administrator he or she has been appointed guardian at such times as the Guardianship Administrator he or she is unable to perform the duties of the Guardianship Administrator his or her office. The signature authorization shall include but not be limited to matters of consent of marriage, enlistment in the armed forces, legal proceedings, adoption, major medical and surgical treatment and application for driver's license. Signature authorizations made pursuant to the provisions of this paragraph shall be filed with the Secretary of State and the Secretary of State shall provide upon payment of the customary fee, certified copies of the authorization to any court or individual who requests a copy. (1.5) In making a determination under this Section, the court shall also consider whether, based on health, safety, and the best interests of the minor, (a) appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or (b) no family preservation or family reunification services would be appropriate, and if the petition or amended petition contained an allegation that the parent is an unfit person as defined in subdivision (D) of Section 1 of the Adoption Act, and the order of adjudication recites that parental unfitness was established by clear and convincing evidence, the court shall, when appropriate and in the best interest of the minor, enter an order terminating parental rights and appointing a guardian with power to consent to adoption in accordance with Section 2-29. When making a placement, the court, wherever possible, shall require the Department of Children and Family Services to select a person holding the same religious belief as that of the minor or a private agency controlled by persons of like religious faith of the minor and shall require the Department to otherwise comply with Section 7 of the Children and Family Services Act in placing the child. In addition, whenever alternative plans for placement are available, the court shall ascertain and consider, to the extent appropriate in the particular case, the views and preferences of the minor. (2) When a minor is placed with a suitable relative or other person pursuant to item (a) of subsection (1), the court shall appoint the suitable relative or other person him or her the legal custodian or guardian of the person of the minor. When a minor is committed to any agency, the court shall appoint the proper officer or representative thereof as legal custodian or guardian of the person of the minor. Legal custodians and guardians of the person of the minor have the respective rights and duties set forth in subsection (9) of Section 1-3 except as otherwise provided by order of court; but no guardian of the person may consent to adoption of the minor unless that authority is conferred upon the guardian him or her in accordance with Section 2-29. An agency whose representative is appointed guardian of the person or legal custodian of the minor may place the minor in any child care facility, but the facility must be licensed under the Child Care Act of 1969 or have been approved by the Department of Children and Family Services as meeting the standards established for such licensing. No agency may place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility unless the placement is in compliance with the rules and regulations for placement under this Section promulgated by the Department of Children and Family Services under Section 5 of the Children and Family Services Act. Like authority and restrictions shall be conferred by the court upon any probation officer who has been appointed guardian of the person of a minor. (3) No placement by any probation officer or agency whose representative is appointed guardian of the person or legal custodian of a minor may be made in any out of State child care facility unless it complies with the Interstate Compact on the Placement of Children. Placement with a parent, however, is not subject to that Interstate Compact. (4) The clerk of the court shall issue to the legal custodian or guardian of the person a certified copy of the order of court, as proof of the legal custodian's or guardian's his authority. No other process is necessary as authority for the keeping of the minor. (5) Custody or guardianship granted under this Section continues until the court otherwise directs, but not after the minor reaches the age of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33. (6) (Blank). (Source: P.A. 101-79, eff. 7-12-19.) (705 ILCS 405/2-27.1) Sec. 2-27.1. Placement; secure child care facility. (1) A minor under 18 years of age and who is subject under Article II of this Act to a secure child care facility may be admitted to a secure child care facility for inpatient treatment upon application to the facility director if, prior to admission, the facility director and the Director of the Department of Children and Family Services or the Director's designate find that: the minor has a mental illness or emotional disturbance, including but not limited to a behavior disorder, of such severity that placement in a secure child care facility is necessary because in the absence of such a placement, the minor is likely to endanger self or others or not meet the minor's his or her basic needs and this placement is the least restrictive alternative. Prior to admission, a psychiatrist, clinical social worker, or clinical psychologist who has personally examined the minor shall state in writing that the minor meets the standards for admission. The statement must set forth in detail the reasons for that conclusion and shall indicate what alternatives to secure treatment have been explored. When the minor is placed in a child care facility which includes a secure child care facility in addition to a less restrictive setting, and the application for admission states that the minor will be permanently placed in the less restrictive setting of the child care facility as part of the minor's his or her permanency plan after the need for secure treatment has ended, the psychiatrist, clinical social worker, or clinical psychologist shall state the reasons for the minor's need to be placed in secure treatment, the conditions under which the minor may be placed in the less restrictive setting of the facility, and the conditions under which the minor may need to be returned to secure treatment. (2) The application for admission under this Section shall contain, in large bold-face type, a statement written in simple non-technical terms of the minor's right to object and the right to a hearing. A minor 12 years of age or older must be given a copy of the application and the statement should be explained to the minor him or her in an understandable manner. A copy of the application shall also be given to the person who executed it, the designate of the Director of the Department of Children and Family Services, the minor's parent, the minor's attorney, and, if the minor is 12 years of age or older, 2 other persons whom the minor may designate, excluding persons whose whereabouts cannot reasonably be ascertained. (3) Thirty days after admission, the facility director shall review the minor's record and assess the need for continuing placement in a secure child care facility. When the minor has been placed in a child care facility which includes a secure child care facility in addition to a less restrictive setting, and the application for admission states that the minor will be permanently placed in the less restrictive setting of the child care facility as part of the minor's his or her permanency plan after the need for secure treatment has ended, the facility director shall review the stated reasons for the minor's need to be placed in secure treatment, the conditions under which the minor may be placed in the less restrictive setting of the facility, and the conditions under which the minor may need to be returned to secure treatment. The director of the facility shall consult with the designate of the Director of the Department of Children and Family Services and request authorization for continuing placement of the minor. Request and authorization should be noted in the minor's record. Every 60 days thereafter a review shall be conducted and new authorization shall be secured from the designate for as long as placement continues. Failure or refusal to authorize continued placement shall constitute a request for the minor's discharge. (4) At any time during a minor's placement in a secure child care facility, an objection may be made to that placement by the minor, the minor's parents (except where parental rights have been terminated), the minor's guardian ad litem, or the minor's attorney. When an objection is made, the minor shall be discharged at the earliest appropriate time not to exceed 15 days, including Saturdays, Sundays, and holidays unless the objection is withdrawn in writing or unless, within that time, the Director or the Director's his or her designate files with the Court a petition for review of the admission. The petition must be accompanied by a certificate signed by a psychiatrist, clinical social worker, or clinical psychologist. The certificate shall be based upon a personal examination and shall specify that the minor has a mental illness or an emotional disturbance of such severity that placement in a secure facility is necessary, that the minor can benefit from the placement, that a less restrictive alternative is not appropriate, and that the placement is in the minor's best interest. (5) Upon receipt of a petition, the court shall set a hearing to be held within 5 days, excluding Saturdays, Sundays, and holidays. The court shall direct that notice of the time and place of the hearing shall be served upon the minor, the minor's his or her attorney and the minor's guardian ad litem, the Director of the Department of Children and Family Services or the Director's his or her designate, the State's Attorney, and the attorney for the parents. (6) The court shall order the minor discharged from the secure child care facility if it determines that the minor does not have a mental illness or emotional disturbance of such severity that placement in a secure facility is necessary, or if it determines that a less restrictive alternative is appropriate. (7) If however, the court finds that the minor does have a mental illness or an emotional disturbance for which the minor is likely to benefit from treatment but that a less restrictive alternative is appropriate, the court shall order that the Department of Children and Family Services prepare a case plan for the minor which permits alternative treatment which is capable of providing adequate and humane treatment in the least restrictive setting that is appropriate to the minor's condition and serves the minor's best interests, and shall authorize the continued placement of the minor in the secure child care facility. At each permanency hearing conducted thereafter, the court shall determine whether the minor does not have a mental illness or emotional disturbance of such severity that placement in a secure facility is necessary or, if a less restrictive alternative is appropriate. If either of these 2 conditions are not met, the court shall order the minor discharged from the secure child care facility. (8) Unwillingness or inability of the Department of Children and Family Services to find a placement for the minor shall not be grounds for the court's refusing to order discharge of the minor. (Source: P.A. 90-608, eff. 6-30-98.) (705 ILCS 405/2-28) (from Ch. 37, par. 802-28) Sec. 2-28. Court review. (1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian him into court and require the legal custodian, guardian, him or the legal custodian's or guardian's his agency, to make a full and accurate report of the his or its doings of the legal custodian, guardian, or agency on in behalf of the minor. The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's his stead or restore the minor to the custody of the minor's his parents or former guardian or custodian. However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interests of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. (1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains: (1) in a shelter placement beyond 30 days; (2) in a psychiatric hospital past the time when the minor is clinically ready for discharge or beyond medical necessity for the minor's health; or (3) in a detention center or Department of Juvenile Justice facility solely because the public agency cannot find an appropriate placement for the minor. The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date. (1.6) Within 35 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall file a written report with the court and send copies of the report to all parties. Within 20 days of the filing of the report, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met. The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing: (1) demonstrating that on-going assessment of the strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a foster family home, that the placement provides the most effective and appropriate level of care for the child in the least restrictive, appropriate environment, and that the placement is consistent with the short-term and long-term permanency goal for the child, as specified in the permanency plan for the child; (2) documenting the specific treatment or service needs that should be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (3) the efforts made by the agency to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home. (2) The first permanency hearing shall be conducted by the judge. Subsequent permanency hearings may be heard by a judge or by hearing officers appointed or approved by the court in the manner set forth in Section 2-28.1 of this Act. The initial hearing shall be held (a) within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1. Subsequent permanency hearings shall be held every 6 months or more frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court determines that the plan and goal have been achieved. Once the plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the child and that this is a stable permanent placement. The permanency hearings must occur within the time frames set forth in this subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this written report means the one required under the next paragraph and does not mean the service plan also referred to in that paragraph). The public agency that is the custodian or guardian of the minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the hearing. If not contained in the agency's service plan, the agency shall also include a report setting forth (i) any special physical, psychological, educational, medical, emotional, or other needs of the minor or the minor's his or her family that are relevant to a permanency or placement determination and (ii) for any minor age 16 or over, a written description of the programs and services that will enable the minor to prepare for independent living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of progress the parent has made in correcting the conditions requiring the child to be in care; whether the child can be returned home without jeopardizing the child's health, safety, and welfare, and if not, what permanency goal is recommended to be in the best interests of the child, and why the other permanency goals are not appropriate. The caseworker must appear and testify at the permanency hearing. If a permanency hearing has not previously been scheduled by the court, the moving party shall move for the setting of a permanency hearing and the entry of an order within the time frames set forth in this subsection. At the permanency hearing, the court shall determine the future status of the child. The court shall set one of the following permanency goals: (A) The minor will be returned home by a specific date within 5 months. (B) The minor will be in short-term care with a continued goal to return home within a period not to exceed one year, where the progress of the parent or parents is substantial giving particular consideration to the age and individual needs of the minor. (B-1) The minor will be in short-term care with a continued goal to return home pending a status hearing. When the court finds that a parent has not made reasonable efforts or reasonable progress to date, the court shall identify what actions the parent and the Department must take in order to justify a finding of reasonable efforts or reasonable progress and shall set a status hearing to be held not earlier than 9 months from the date of adjudication nor later than 11 months from the date of adjudication during which the parent's progress will again be reviewed. (C) The minor will be in substitute care pending court determination on termination of parental rights. (D) Adoption, provided that parental rights have been terminated or relinquished. (E) The guardianship of the minor will be transferred to an individual or couple on a permanent basis provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests. The court shall confirm that the Department has discussed adoption, if appropriate, and guardianship with the caregiver prior to changing a goal to guardianship. (F) The minor over age 15 will be in substitute care pending independence. In selecting this permanency goal, the Department of Children and Family Services may provide services to enable reunification and to strengthen the minor's connections with family, fictive kin, and other responsible adults, provided the services are in the minor's best interest. The services shall be documented in the service plan. (G) The minor will be in substitute care because the minor he or she cannot be provided for in a home environment due to developmental disabilities or mental illness or because the minor he or she is a danger to self or others, provided that goals (A) through (D) have been deemed inappropriate and not in the child's best interests. In selecting any permanency goal, the court shall indicate in writing the reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest. Where the court has selected a permanency goal other than (A), (B), or (B-1), the Department of Children and Family Services shall not provide further reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services consistent with the goal selected. (H) Notwithstanding any other provision in this Section, the court may select the goal of continuing foster care as a permanency goal if: (1) The Department of Children and Family Services has custody and guardianship of the minor; (2) The court has deemed all other permanency goals inappropriate based on the child's best interest; (3) The court has found compelling reasons, based on written documentation reviewed by the court, to place the minor in continuing foster care. Compelling reasons include: (a) the child does not wish to be adopted or to be placed in the guardianship of the minor's his or her relative or foster care placement; (b) the child exhibits an extreme level of need such that the removal of the child from the minor's his or her placement would be detrimental to the child; or (c) the child who is the subject of the permanency hearing has existing close and strong bonds with a sibling, and achievement of another permanency goal would substantially interfere with the subject child's sibling relationship, taking into consideration the nature and extent of the relationship, and whether ongoing contact is in the subject child's best interest, including long-term emotional interest, as compared with the legal and emotional benefit of permanence; (4) The child has lived with the relative or foster parent for at least one year; and (5) The relative or foster parent currently caring for the child is willing and capable of providing the child with a stable and permanent environment. The court shall set a permanency goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination shall include the following factors: (1) Age of the child. (2) Options available for permanence, including both out-of-state and in-state placement options. (3) Current placement of the child and the intent of the family regarding adoption. (4) Emotional, physical, and mental status or condition of the child. (5) Types of services previously offered and whether or not the services were successful and, if not successful, the reasons the services failed. (6) Availability of services currently needed and whether the services exist. (7) Status of siblings of the minor. The court shall consider (i) the permanency goal contained in the service plan, (ii) the appropriateness of the services contained in the plan and whether those services have been provided, (iii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iv) whether the plan and goal have been achieved. All evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on to the extent of their probative value. The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of the child's his or her parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home, must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect. If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court. The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the child's best interest, the court may enter an order requiring the Department to develop, modify, or implement a Sibling Contact Support Plan, or order mediation. If the goal has been achieved, the court shall enter orders that are necessary to conform the minor's legal custody and status to those findings. If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan. A guardian or custodian appointed by the court pursuant to this Act shall file updated case plans with the court every 6 months. Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act. (2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule. (3) Following the permanency hearing, the court shall enter a written order that includes the determinations required under subsection (2) of this Section and sets forth the following: (a) The future status of the minor, including the permanency goal, and any order necessary to conform the minor's legal custody and status to such determination; or (b) If the permanency goal of the minor cannot be achieved immediately, the specific reasons for continuing the minor in the care of the Department of Children and Family Services or other agency for short-term short term placement, and the following determinations: (i) (Blank). (ii) Whether the services required by the court and by any service plan prepared within the prior 6 months have been provided and (A) if so, whether the services were reasonably calculated to facilitate the achievement of the permanency goal or (B) if not provided, why the services were not provided. (iii) Whether the minor's current or planned placement is necessary, and appropriate to the plan and goal, recognizing the right of minors to the least restrictive (most family-like) setting available and in close proximity to the parents' home consistent with the health, safety, best interest, and special needs of the minor and, if the minor is placed out-of-state, whether the out-of-state placement continues to be appropriate and consistent with the health, safety, and best interest of the minor. (iv) (Blank). (v) (Blank). (4) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's his parents or former guardian or custodian. When return home is not selected as the permanency goal: (a) The Department, the minor, or the current foster parent or relative caregiver seeking private guardianship may file a motion for private guardianship of the minor. Appointment of a guardian under this Section requires approval of the court. (b) The State's Attorney may file a motion to terminate parental rights of any parent who has failed to make reasonable efforts to correct the conditions which led to the removal of the child or reasonable progress toward the return of the child, as defined in subdivision (D)(m) of Section 1 of the Adoption Act or for whom any other unfitness ground for terminating parental rights as defined in subdivision (D) of Section 1 of the Adoption Act exists. When parental rights have been terminated for a minimum of 3 years and the child who is the subject of the permanency hearing is 13 years old or older and is not currently placed in a placement likely to achieve permanency, the Department of Children and Family Services shall make reasonable efforts to locate parents whose rights have been terminated, except when the Court determines that those efforts would be futile or inconsistent with the subject child's best interests. The Department of Children and Family Services shall assess the appropriateness of the parent whose rights have been terminated, and shall, as appropriate, foster and support connections between the parent whose rights have been terminated and the youth. The Department of Children and Family Services shall document its determinations and efforts to foster connections in the child's case plan. Custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's his or her health or safety and it is in the best interest of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the health, safety, and best interest of the minor and the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. If a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's his guardianship or custody, guardianship or custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without the legal custodian's or guardian's his consent until given notice and an opportunity to be heard by the court. When the court orders a child restored to the custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an after-care plan, or risk the loss of custody of the child and possible termination of their parental rights. The court may also enter an order of protective supervision in accordance with Section 2-24. If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24. (5) Whenever a parent, guardian, or legal custodian files a motion for restoration of custody of the minor, and the minor was adjudicated neglected, abused, or dependent as a result of physical abuse, the court shall cause to be made an investigation as to whether the movant has ever been charged with or convicted of any criminal offense which would indicate the likelihood of any further physical abuse to the minor. Evidence of such criminal convictions shall be taken into account in determining whether the minor can be cared for at home without endangering the minor's his or her health or safety and fitness of the parent, guardian, or legal custodian. (a) Any agency of this State or any subdivision thereof shall cooperate with the agent of the court in providing any information sought in the investigation. (b) The information derived from the investigation and any conclusions or recommendations derived from the information shall be provided to the parent, guardian, or legal custodian seeking restoration of custody prior to the hearing on fitness and the movant shall have an opportunity at the hearing to refute the information or contest its significance. (c) All information obtained from any investigation shall be confidential as provided in Section 5-150 of this Act. (Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised 8-23-22.) (705 ILCS 405/2-29) (from Ch. 37, par. 802-29) Sec. 2-29. Adoption; appointment of guardian with power to consent. (1) With leave of the court, a minor who is the subject of an abuse, neglect, or dependency petition under this Act may be the subject of a petition for adoption under the Adoption Act. (1.1) The parent or parents of a child in whose interest a petition under Section 2-13 of this Act is pending may, in the manner required by the Adoption Act, (a) surrender the child him or her for adoption to an agency legally authorized or licensed to place children for adoption, (b) consent to the child's his or her adoption, or (c) consent to the child's his or her adoption by a specified person or persons. Nothing in this Section requires that the parent or parents execute the surrender, consent, or consent to adoption by a specified person in open court. (2) If a petition or motion alleges and the court finds that it is in the best interest of the minor that parental rights be terminated and the petition or motion requests that a guardian of the person be appointed and authorized to consent to the adoption of the minor, the court, with the consent of the parents, if living, or after finding, based upon clear and convincing evidence, that a parent is an unfit person as defined in Section 1 of the Adoption Act, may terminate parental rights and empower the guardian of the person of the minor, in the order appointing the guardian of the person of the minor him or her as such guardian, to appear in court where any proceedings for the adoption of the minor may at any time be pending and to consent to the adoption. Such consent is sufficient to authorize the court in the adoption proceedings to enter a proper order or judgment of adoption without further notice to, or consent by, the parents of the minor. An order so empowering the guardian to consent to adoption deprives the parents of the minor of all legal rights as respects the minor and relieves them of all parental responsibility for the minor him or her, and frees the minor from all obligations of maintenance and obedience to the minor's his or her natural parents. If the minor is over 14 years of age, the court may, in its discretion, consider the wishes of the minor in determining whether the best interests of the minor would be promoted by the finding of the unfitness of a non-consenting parent. (2.1) Notice to a parent who has appeared or been served with summons personally or by certified mail, and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with Supreme Court Rule 11. Notice to a parent who was served by publication and for whom an order of default has been entered on the petition for wardship and has not been set aside shall be provided in accordance with Sections 2-15 and 2-16. (3) Parental consent to the order terminating parental rights and authorizing the guardian of the person to consent to adoption of the minor must be in writing and signed in the form provided in the Adoption Act, but no names of petitioners for adoption need be included. (4) A finding of the unfitness of a parent must be made in compliance with the Adoption Act, without regard to the likelihood that the child will be placed for adoption, and be based upon clear and convincing evidence. Provisions of the Adoption Act relating to minor parents and to mentally ill or mentally deficient parents apply to proceedings under this Section and any findings with respect to such parents shall be based upon clear and convincing evidence. (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98.) (705 ILCS 405/2-31) (from Ch. 37, par. 802-31) Sec. 2-31. Duration of wardship and discharge of proceedings. (1) All proceedings under Article II of this Act in respect of any minor automatically terminate upon the minor his or her attaining the age of 21 years. (2) Whenever the court determines, and makes written factual findings, that health, safety, and the best interests of the minor and the public no longer require the wardship of the court, the court shall order the wardship terminated and all proceedings under this Act respecting that minor finally closed and discharged. The court may at the same time continue or terminate any custodianship or guardianship theretofore ordered but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18 or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (A) the minor's wishes regarding case closure; (B) the manner in which the minor will maintain independence without services from the Department; (C) the minor's engagement in services including placement offered by the Department; (D) if the minor is not engaged, the Department's efforts to engage the minor; (E) the nature of communication between the minor and the Department; (F) the minor's involvement in other State systems or services; (G) the minor's connections with family and other community support; and (H) any other factor the court deems relevant. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act. (3) The wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed after July 24, 1991 (the effective date of Public Act 87-14) automatically terminates when the minor he attains the age of 19 years, except as set forth in subsection (1) of this Section. The clerk of the court shall at that time record all proceedings under this Act as finally closed and discharged for that reason. The provisions of this subsection (3) become inoperative on and after July 12, 2019 (the effective date of Public Act 101-78). (4) Notwithstanding any provision of law to the contrary, the changes made by Public Act 101-78 apply to all cases that are pending on or after July 12, 2019 (the effective date of Public Act 101-78). (Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.) (705 ILCS 405/2-34) Sec. 2-34. Motion to reinstate parental rights. (1) For purposes of this subsection (1), the term "parent" refers to the person or persons whose rights were terminated as described in paragraph (a) of this subsection; and the term "minor" means a person under the age of 21 years subject to this Act for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian or guardian. A motion to reinstate parental rights may be filed only by the Department of Children and Family Services or the minor regarding any minor who is presently a ward of the court under Article II of this Act when all the conditions set out in paragraphs (a), (b), (c), (d), (e), (f), and (g) of this subsection (1) are met: (a) while the minor was under the jurisdiction of the court under Article II of this Act, the minor's parent or parents surrendered the minor for adoption to an agency legally authorized to place children for adoption, or the minor's parent or parents consented to the minor's his or her adoption, or the minor's parent or parents consented to the minor's his or her adoption by a specified person or persons, or the parent or parents' rights were terminated pursuant to a finding of unfitness pursuant to Section 2-29 of this Act and a guardian was appointed with the power to consent to adoption pursuant to Section 2-29 of this Act; and (b) (i) since the signing of the surrender, the signing of the consent, or the unfitness finding, the minor has remained a ward of the Court under Article II of this Act; or (ii) the minor was made a ward of the Court, the minor was placed in the private guardianship of an individual or individuals, and after the appointment of a private guardian and a new petition alleging abuse, neglect, or dependency pursuant to Section 2-3 or 2-4 is filed, and the minor is again found by the court to be abused, neglected or dependent; or a supplemental petition to reinstate wardship is filed pursuant to Section 2-33, and the court reinstates wardship; or (iii) the minor was made a ward of the Court, wardship was terminated after the minor was adopted, after the adoption a new petition alleging abuse, neglect, or dependency pursuant to Section 2-3 or 2-4 is filed, and the minor is again found by the court to be abused, neglected, or dependent, and either (i) the adoptive parent or parents are deceased, (ii) the adoptive parent or parents signed a surrender of parental rights, or (iii) the parental rights of the adoptive parent or parents were terminated; (c) the minor is not currently in a placement likely to achieve permanency; (d) it is in the minor's best interest that parental rights be reinstated; (e) the parent named in the motion wishes parental rights to be reinstated and is currently appropriate to have rights reinstated; (f) more than 3 years have lapsed since the signing of the consent or surrender, or the entry of the order appointing a guardian with the power to consent to adoption; (g) (i) the child is 13 years of age or older or (ii) the child is the younger sibling of such child, 13 years of age or older, for whom reinstatement of parental rights is being sought and the younger sibling independently meets the criteria set forth in paragraphs (a) through (h) of this subsection; and (h) if the court has previously denied a motion to reinstate parental rights filed by the Department, there has been a substantial change in circumstances following the denial of the earlier motion. (2) The motion may be filed only by the Department of Children and Family Services or by the minor. Unless excused by the court for good cause shown, the movant shall give notice of the time and place of the hearing on the motion, in person or by mail, to the parties to the juvenile court proceeding. Notice shall be provided at least 14 days in advance of the hearing date. The motion shall include the allegations required in subsection (1) of this Section. (3) Any party may file a motion to dismiss the motion with prejudice on the basis that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or the parent intentionally acted to disrupt the child's adoption. If the court finds by a preponderance of the evidence that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or that the parent intentionally acted to disrupt the child's adoption, the court shall dismiss the petition with prejudice. (4) The court shall not grant a motion for reinstatement of parental rights unless the court finds that the motion is supported by clear and convincing evidence. In ruling on a motion to reinstate parental rights, the court shall make findings consistent with the requirements in subsection (1) of this Section. The court shall consider the reasons why the child was initially brought to the attention of the court, the history of the child's case as it relates to the parent seeking reinstatement, and the current circumstances of the parent for whom reinstatement of rights is sought. If reinstatement is being considered subsequent to a finding of unfitness pursuant to Section 2-29 of this Act having been entered with respect to the parent whose rights are being restored, the court in determining the minor's best interest shall consider, in addition to the factors set forth in paragraph (4.05) of Section 1-3 of this Act, the specific grounds upon which the unfitness findings were made. Upon the entry of an order granting a motion to reinstate parental rights, parental rights of the parent named in the order shall be reinstated, any previous order appointing a guardian with the power to consent to adoption shall be void and with respect to the parent named in the order, any consent shall be void. (5) If the case is post-disposition, the court, upon the entry of an order granting a motion to reinstate parental rights, shall schedule the matter for a permanency hearing pursuant to Section 2-28 of this Act within 45 days. (6) Custody of the minor shall not be restored to the parent, except by order of court pursuant to subsection (4) of Section 2-28 of this Act. (7) In any case involving a child over the age of 13 who meets the criteria established in this Section for reinstatement of parental rights, the Department of Children and Family Services shall conduct an assessment of the child's circumstances to assist in future planning for the child, including, but not limited to a determination regarding the appropriateness of filing a motion to reinstate parental rights. (8) (Blank). (Source: P.A. 98-477, eff. 8-16-13.) (705 ILCS 405/3-1) (from Ch. 37, par. 803-1) Sec. 3-1. Jurisdictional facts. Proceedings may be instituted under this Article concerning minors boys and girls who require authoritative intervention as defined in Section 3-3, who are truant minors in need of supervision as defined in Section 3-33.5, or who are minors involved in electronic dissemination of indecent visual depictions in need of supervision as defined in Section 3-40. (Source: P.A. 96-1087, eff. 1-1-11.) (705 ILCS 405/3-3) (from Ch. 37, par. 803-3) Sec. 3-3. Minor requiring authoritative intervention. Those requiring authoritative intervention include any minor under 18 years of age (1) who is (a) absent from home without consent of parent, guardian or custodian, or (b) beyond the control of the minor's his or her parent, guardian or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety; and (2) who, after being taken into limited custody for the period provided for in this Section and offered interim crisis intervention services, where available, refuses to return home after the minor and the minor's his or her parent, guardian or custodian cannot agree to an arrangement for an alternative voluntary residential placement or to the continuation of such placement. Any minor taken into limited custody for the reasons specified in this Section may not be adjudicated a minor requiring authoritative intervention until the following number of days have elapsed from the minor his or her having been taken into limited custody: 21 days for the first instance of being taken into limited custody and 5 days for the second, third, or fourth instances of being taken into limited custody. For the fifth or any subsequent instance of being taken into limited custody for the reasons specified in this Section, the minor may be adjudicated as requiring authoritative intervention without any specified period of time expiring after the minor his or her being taken into limited custody, without the minor's being offered interim crisis intervention services, and without the minor's being afforded an opportunity to agree to an arrangement for an alternative voluntary residential placement. Notwithstanding any other provision of this Section, for the first instance in which a minor is taken into limited custody where one year has elapsed from the last instance of the minor's his having been taken into limited custody, the minor may not be adjudicated a minor requiring authoritative intervention until 21 days have passed since being taken into limited custody. (Source: P.A. 85-601.) (705 ILCS 405/3-4) (from Ch. 37, par. 803-4) Sec. 3-4. Taking into limited custody. (a) A law enforcement officer may, without a warrant, take into limited custody a minor who the law enforcement officer reasonably determines is (i) absent from home without consent of the minor's parent, guardian or custodian, or (ii) beyond the control of the minor's his or her parent, guardian or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety. (b) A law enforcement officer who takes a minor into limited custody shall (i) immediately inform the minor of the reasons for such limited custody, and (ii) make a prompt, reasonable effort to inform the minor's parents, guardian, or custodian that the minor has been taken into limited custody and where the minor is being kept. (c) If the minor consents, the law enforcement officer shall make a reasonable effort to transport, arrange for the transportation of or otherwise release the minor to the parent, guardian or custodian. Upon release of a minor who is believed to need or would benefit from medical, psychological, psychiatric or social services, the law enforcement officer may inform the minor and the person to whom the minor is released of the nature and location of appropriate services and shall, if requested, assist in establishing contact between the family and an agency or association providing such services. (d) If the law enforcement officer is unable by all reasonable efforts to contact a parent, custodian, relative or other responsible person; or if the person contacted lives an unreasonable distance away; or if the minor refuses to be taken to the minor's his or her home or other appropriate residence; or if the officer is otherwise unable despite all reasonable efforts to make arrangements for the safe release of the minor taken into limited custody, the law enforcement officer shall take or make reasonable arrangements for transporting the minor to an agency or association providing crisis intervention services, or, where appropriate, to a mental health or developmental disabilities facility for screening for voluntary or involuntary admission under Section 3-500 et seq. of the Illinois Mental Health and Developmental Disabilities Code; provided that where no crisis intervention services exist, the minor may be transported for services to court service departments or probation departments under the court's administration. (e) No minor shall be involuntarily subject to limited custody for more than 6 hours from the time of the minor's initial contact with the law enforcement officer. (f) No minor taken into limited custody shall be placed in a jail, municipal lockup, detention center or secure correctional facility. (g) The taking of a minor into limited custody under this Section is not an arrest nor does it constitute a police record; and the records of law enforcement officers concerning all minors taken into limited custody under this Section shall be maintained separate from the records of arrest and may not be inspected by or disclosed to the public except by order of the court. However, such records may be disclosed to the agency or association providing interim crisis intervention services for the minor. (h) Any law enforcement agency, juvenile officer or other law enforcement officer acting reasonably and in good faith in the care of a minor in limited custody shall be immune from any civil or criminal liability resulting from such custody. (Source: P.A. 87-1154.) (705 ILCS 405/3-5) (from Ch. 37, par. 803-5) Sec. 3-5. Interim crisis intervention services. (a) Any minor who is taken into limited custody, or who independently requests or is referred for assistance, may be provided crisis intervention services by an agency or association, as defined in this Act, provided the association or agency staff (i) immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and promptly explain these facts and circumstances to the minor, and (ii) make a reasonable effort to inform the minor's parent, guardian or custodian of the fact that the minor has been taken into limited custody and where the minor is being kept, and (iii) if the minor consents, make a reasonable effort to transport, arrange for the transportation of, or otherwise release the minor to the parent, guardian or custodian. Upon release of the child who is believed to need or benefit from medical, psychological, psychiatric or social services, the association or agency may inform the minor and the person to whom the minor is released of the nature and location of appropriate services and shall, if requested, assist in establishing contact between the family and other associations or agencies providing such services. If the agency or association is unable by all reasonable efforts to contact a parent, guardian or custodian, or if the person contacted lives an unreasonable distance away, or if the minor refuses to be taken to the minor's his or her home or other appropriate residence, or if the agency or association is otherwise unable despite all reasonable efforts to make arrangements for the safe return of the minor, the minor may be taken to a temporary living arrangement which is in compliance with the Child Care Act of 1969 or which is with persons agreed to by the parents and the agency or association. (b) An agency or association is authorized to permit a minor to be sheltered in a temporary living arrangement provided the agency seeks to effect the minor's return home or alternative living arrangements agreeable to the minor and the parent, guardian or custodian as soon as practicable. No minor shall be sheltered in a temporary living arrangement for more than 48 hours, excluding Saturdays, Sundays, and court-designated holidays, when the agency has reported the minor as neglected or abused because the parent, guardian, or custodian refuses to permit the child to return home, provided that in all other instances the minor may be sheltered when the agency obtains the consent of the parent, guardian, or custodian or documents its unsuccessful efforts to obtain the consent or authority of the parent, guardian, or custodian, including recording the date and the staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which instances the minor may be so sheltered for not more than 21 days. If the parent, guardian or custodian refuses to permit the minor 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, the agency may deem the minor to be neglected and report the neglect to the Department of Children and Family Services as provided in the Abused and Neglected Child Reporting Act. The Child Protective Service Unit of the Department of Children and Family Services shall begin an investigation of the report within 24 hours after receiving the report and shall determine whether to file a petition alleging that the minor is neglected or abused as described in Section 2-3 of this Act. Subject to appropriation, the Department may take the minor into temporary protective custody at any time after receiving the report, provided that the Department shall take temporary protective custody within 48 hours of receiving the report if its investigation is not completed. If the Department of Children and Family Services determines that the minor is not a neglected minor because the minor is an immediate physical danger to the minor himself, herself, or others living in the home, then the Department shall take immediate steps to either secure the minor's immediate admission to a mental health facility, arrange for law enforcement authorities to take temporary custody of the minor as a delinquent minor, or take other appropriate action to assume protective custody in order to safeguard the minor or others living in the home from immediate physical danger. (c) Any agency or association or employee thereof acting reasonably and in good faith in the care of a minor being provided interim crisis intervention services and shelter care shall be immune from any civil or criminal liability resulting from such care. (Source: P.A. 95-443, eff. 1-1-08.) (705 ILCS 405/3-6) (from Ch. 37, par. 803-6) Sec. 3-6. Alternative voluntary residential placement. (a) A minor and the minor's his or her parent, guardian or custodian may agree to an arrangement for alternative voluntary residential placement, in compliance with the "Child Care Act of 1969", without court order. Such placement may continue as long as there is agreement. (b) If the minor and the minor's his or her parent, guardian or custodian cannot agree to an arrangement for alternative voluntary residential placement in the first instance, or cannot agree to the continuation of such placement, and the minor refuses to return home, the minor or the minor's his or her parent, guardian or custodian, or a person properly acting at the minor's request, may file with the court a petition alleging that the minor requires authoritative intervention as described in Section 3-3. (Source: P.A. 85-601.) (705 ILCS 405/3-7) (from Ch. 37, par. 803-7) Sec. 3-7. Taking into temporary custody. (1) A law enforcement officer may, without a warrant, take into temporary custody a minor (a) whom the officer with reasonable cause believes to be a minor requiring authoritative intervention; (b) who has been adjudged a ward of the court and has escaped from any commitment ordered by the court under this Act; (c) who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment or hospitalization; or (d) whom the officer with reasonable cause believes to be a minor in need of supervision under Section 3-40. (2) Whenever a petition has been filed under Section 3-15 and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor himself or others or that the circumstances of the minor's his home environment may endanger the minor's his health, person, welfare or property, a warrant may be issued immediately to take the minor into custody. (3) The taking of a minor into temporary custody under this Section is not an arrest nor does it constitute a police record. (4) No minor taken into temporary custody shall be placed in a jail, municipal lockup, detention center, or secure correctional facility. (Source: P.A. 96-1087, eff. 1-1-11; 97-333, eff. 8-12-11.) (705 ILCS 405/3-8) (from Ch. 37, par. 803-8) Sec. 3-8. Duty of officer; admissions by minor. (1) A law enforcement officer who takes a minor into custody with a warrant shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor he or she is being held; and the officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed. The minor shall be delivered without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors. The court may not designate a place of detention for the reception of minors, unless the minor is alleged to be a person described in subsection (3) of Section 5-105. (2) A law enforcement officer who takes a minor into custody without a warrant under Section 3-7 shall, if the minor is not released, immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held; and the law enforcement officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed, or upon determining the true identity of the minor, may release the minor to the parent or other person legally responsible for the minor's care or the person with whom the minor resides, if the minor is taken into custody for an offense which would be a misdemeanor if committed by an adult. If a minor is so released, the law enforcement officer shall promptly notify a juvenile police officer of the circumstances of the custody and release. (3) The juvenile police officer may take one of the following actions: (a) station adjustment with release of the minor; (b) station adjustment with release of the minor to a parent; (c) station adjustment, release of the minor to a parent, and referral of the case to community services; (d) station adjustment, release of the minor to a parent, and referral of the case to community services with informal monitoring by a juvenile police officer; (e) station adjustment and release of the minor to a third person pursuant to agreement of the minor and parents; (f) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parents, and referral of the case to community services; (g) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parent, and referral to community services with informal monitoring by a juvenile police officer; (h) release of the minor to the minor's his or her parents and referral of the case to a county juvenile probation officer or such other public officer designated by the court; (i) release of the minor to school officials of the minor's his school during regular school hours; (j) if the juvenile police officer reasonably believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors; and (k) any other appropriate action with consent of the minor and a parent. (Source: P.A. 90-590, eff. 1-1-99.) (705 ILCS 405/3-9) (from Ch. 37, par. 803-9) Sec. 3-9. Temporary custody; shelter care. Any minor taken into temporary custody pursuant to this Act who requires care away from the minor's his or her home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court. In the case of a minor alleged to be a minor requiring authoritative intervention, the court may order, with the approval of the Department of Children and Family Services, that custody of the minor be with the Department of Children and Family Services for designation of temporary care as the Department determines. No such child shall be ordered to the Department without the approval of the Department. (Source: P.A. 85-601.) (705 ILCS 405/3-10) (from Ch. 37, par. 803-10) Sec. 3-10. Investigation; release. When a minor is delivered to the court, or to the place designated by the court under Section 3-9 of this Act, a probation officer or such other public officer designated by the court shall immediately investigate the circumstances of the minor and the facts surrounding the minor his or her being taken into custody. The minor shall be immediately released to the custody of the minor's his or her parent, guardian, legal custodian or responsible relative, unless the probation officer or such other public officer designated by the court finds that further shelter care is necessary as provided in Section 3-7. This Section shall in no way be construed to limit Section 5-905. (Source: P.A. 90-590, eff. 1-1-99.) (705 ILCS 405/3-11) (from Ch. 37, par. 803-11) Sec. 3-11. Setting of shelter care hearing; notice; release. (1) Unless sooner released, a minor requiring authoritative intervention, taken into temporary custody, must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays and court-designated holidays, for a shelter care hearing to determine whether the minor he shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court he shall cause a petition to be filed as provided in Section 3-15 of this Act, and the clerk of the court shall set the matter for hearing on the shelter care hearing calendar. When a parent, guardian, custodian or responsible relative is present and so requests, the shelter care hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The petitioner through counsel or such other public officer designated by the court shall insure notification to the minor's parent, guardian, custodian or responsible relative of the time and place of the hearing by the best practicable notice, allowing for oral notice in place of written notice only if provision of written notice is unreasonable under the circumstances. (3) The minor must be released from custody at the expiration of the 48 hour period, if not brought before a judicial officer within that period. (Source: P.A. 87-759.) (705 ILCS 405/3-12) (from Ch. 37, par. 803-12) Sec. 3-12. Shelter care hearing. At the appearance of the minor before the court at the shelter care hearing, all witnesses present shall be examined before the court in relation to any matter connected with the allegations made in the petition. (1) If the court finds that there is not probable cause to believe that the minor is a person requiring authoritative intervention, it shall release the minor and dismiss the petition. (2) If the court finds that there is probable cause to believe that the minor is a person requiring authoritative intervention, the minor, the minor's his or her parent, guardian, custodian and other persons able to give relevant testimony shall be examined before the court. After such testimony, the court may enter an order that the minor shall be released upon the request of a parent, guardian or custodian if the parent, guardian or custodian appears to take custody. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child. The Court shall require documentation by representatives of the Department of Children and Family Services or the probation department as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from the minor's his or her home, and shall consider the testimony of any person as to those reasonable efforts. If the court finds that it is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another that the minor be placed in a shelter care facility, or that the minor he or she is likely to flee the jurisdiction of the court, and further finds that reasonable efforts have been made or good cause has been shown why reasonable efforts cannot prevent or eliminate the necessity of removal of the minor from the minor's his or her home, the court may prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children and Family Services or a licensed child welfare agency; otherwise it shall release the minor from custody. If the court prescribes shelter care, then in placing the minor, the Department or other agency shall, to the extent compatible with the court's order, comply with Section 7 of the Children and Family Services Act. If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, the court shall, upon request of the Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or the minor's his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity. Acceptance of services shall not be considered an admission of any allegation in a petition made pursuant to this Act, nor may a referral of services be considered as evidence in any proceeding pursuant to this Act, except where the issue is whether the Department has made reasonable efforts to reunite the family. In making its findings that reasonable efforts have been made or that good cause has been shown why reasonable efforts cannot prevent or eliminate the necessity of removal of the minor from the minor's his or her home, the court shall state in writing its findings concerning the nature of the services that were offered or the efforts that were made to prevent removal of the child and the apparent reasons that such services or efforts could not prevent the need for removal. The parents, guardian, custodian, temporary custodian and minor shall each be furnished a copy of such written findings. The temporary custodian shall maintain a copy of the court order and written findings in the case record for the child. The order together with the court's findings of fact and support thereof shall be entered of record in the court. Once the court finds that it is a matter of immediate and urgent necessity for the protection of the minor that the minor be placed in a shelter care facility, the minor shall not be returned to the parent, custodian or guardian until the court finds that such placement is no longer necessary for the protection of the minor. (3) If prior to the shelter care hearing for a minor described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is unable to serve notice on the party respondent, the shelter care hearing may proceed ex parte. A shelter care order from an ex parte hearing shall be endorsed with the date and hour of issuance and shall be filed with the clerk's office and entered of record. The order shall expire after 10 days from the time it is issued unless before its expiration it is renewed, at a hearing upon appearance of the party respondent, or upon an affidavit of the moving party as to all diligent efforts to notify the party respondent by notice as herein prescribed. The notice prescribed shall be in writing and shall be personally delivered to the minor or the minor's attorney and to the last known address of the other person or persons entitled to notice. The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the consequences of failure to appear; and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided in this Section. The notice for a shelter care hearing shall be substantially as follows: NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING On ................ at ........., before the Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons: ............................................................. and (2) that there is "immediate and urgent necessity" to remove the child or children from the responsible relative. YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN PLACEMENT of the child or children in foster care until a trial can be held. A trial may not be held for up to 90 days. At the shelter care hearing, parents have the following rights: 1. To ask the court to appoint a lawyer if they cannot afford one. 2. To ask the court to continue the hearing to allow them time to prepare. 3. To present evidence concerning: a. Whether or not the child or children were abused, neglected or dependent. b. Whether or not there is "immediate and urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal). c. The best interests of the child. 4. To cross examine the State's witnesses. The Notice for rehearings shall be substantially as follows: NOTICE OF PARENT'S AND CHILDREN'S RIGHTS TO REHEARING ON TEMPORARY CUSTODY If you were not present at and did not have adequate notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of ................. To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following: 1. That you were not present at the shelter care hearing. 2. That you did not get adequate notice (explaining how the notice was inadequate). 3. Your signature. 4. Signature must be notarized. The rehearing should be scheduled within one day of your filing this affidavit. At the rehearing, your rights are the same as at the initial shelter care hearing. The enclosed notice explains those rights. At the Shelter Care Hearing, children have the following rights: 1. To have a guardian ad litem appointed. 2. To be declared competent as a witness and to present testimony concerning: a. Whether they are abused, neglected or dependent. b. Whether there is "immediate and urgent necessity" to be removed from home. c. Their best interests. 3. To cross examine witnesses for other parties. 4. To obtain an explanation of any proceedings and orders of the court. (4) If the parent, guardian, legal custodian, responsible relative, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, the parent, guardian, legal custodian, responsible relative, or counsel of the minor he or she may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not later than 48 hours, excluding Sundays and legal holidays, after the filing of the affidavit. At the rehearing, the court shall proceed in the same manner as upon the original hearing. (5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail. This Section shall in no way be construed to limit subsection (6). (6) No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Minors under 18 years of age must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to the criminal law. (7) If the minor is not brought before a judicial officer within the time period specified in Section 3-11, the minor must immediately be released from custody. (8) If neither the parent, guardian or custodian appears within 24 hours to take custody of a minor released upon request pursuant to subsection (2) of this Section, then the clerk of the court shall set the matter for rehearing not later than 7 days after the original order and shall issue a summons directed to the parent, guardian or custodian to appear. At the same time the probation department shall prepare a report on the minor. If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency. (9) Notwithstanding any other provision of this Section, any interested party, including the State, the temporary custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, on notice to all parties entitled to notice, may file a motion to modify or vacate a temporary custody order on any of the following grounds: (a) It is no longer a matter of immediate and urgent necessity that the minor remain in shelter care; or (b) There is a material change in the circumstances of the natural family from which the minor was removed; or (c) A person, including a parent, relative or legal guardian, is capable of assuming temporary custody of the minor; or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody. The clerk shall set the matter for hearing not later than 14 days after such motion is filed. In the event that the court modifies or vacates a temporary custody order but does not vacate its finding of probable cause, the court may order that appropriate services be continued or initiated in behalf of the minor and the minor's his or her family. (10) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.) (705 ILCS 405/3-14) (from Ch. 37, par. 803-14) Sec. 3-14. Preliminary conferences. (1) The court may authorize the probation officer to confer in a preliminary conference with any person seeking to file a petition under Section 3-15, the prospective respondents and other interested persons concerning the advisability of filing the petition, with a view to adjusting suitable cases without the filing of a petition. The probation officer should schedule a conference promptly except where the State's Attorney insists on court action or where the minor has indicated that the minor he or she will demand a judicial hearing and will not comply with an informal adjustment. (2) In any case of a minor who is in temporary custody, the holding of preliminary conferences does not operate to prolong temporary custody beyond the period permitted by Section 3-11. (3) This Section does not authorize any probation officer to compel any person to appear at any conference, produce any papers, or visit any place. (4) No statement made during a preliminary conference may be admitted into evidence at an adjudicatory hearing or at any proceeding against the minor under the criminal laws of this State prior to the minor's his or her conviction thereunder. (5) The probation officer shall promptly formulate a written, non-judicial adjustment plan following the initial conference. (6) Non-judicial adjustment plans include but are not limited to the following: (a) up to 6 months informal supervision within family; (b) up to 6 months informal supervision with a probation officer involved; (c) up to 6 months informal supervision with release to a person other than parent; (d) referral to special educational, counseling or other rehabilitative social or educational programs; (e) referral to residential treatment programs; and (f) any other appropriate action with consent of the minor and a parent. (7) The factors to be considered by the probation officer in formulating a written non-judicial adjustment plan shall be the same as those limited in subsection (4) of Section 5-405. (Source: P.A. 90-590, eff. 1-1-99.) (705 ILCS 405/3-15) (from Ch. 37, par. 803-15) Sec. 3-15. Petition; supplemental petitions. (1) Any adult person, any agency or association by its representative may file, or the court on its own motion may direct the filing through the State's Attorney of a petition in respect to a minor under this Act. The petition and all subsequent court documents shall be entitled "In the interest of ...., a minor". (2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor requires authoritative intervention or supervision and set forth (a) facts sufficient to bring the minor under Section 3-3, 3-33.5, or 3-40; (b) the name, age and residence of the minor; (c) the names and residences of the minor's his parents; (d) the name and residence of the minor's his legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which shelter care was ordered by the court or the date set for a shelter care hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state. (3) The petition must allege that it is in the best interests of the minor and of the public that the minor he be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship. (4) If appointment of a guardian of the person with power to consent to adoption of the minor under Section 3-30 is sought, the petition shall so state. (5) At any time before dismissal of the petition or before final closing and discharge under Section 3-32, one or more supplemental petitions may be filed in respect to the same minor. (Source: P.A. 96-1087, eff. 1-1-11.) (705 ILCS 405/3-16) (from Ch. 37, par. 803-16) Sec. 3-16. Date for adjudicatory hearing. (a) (Blank). Until January 1, 1988: (1) When a petition has been filed alleging that the minor requires authoritative intervention, an adjudicatory hearing shall be held within 120 days. The 120 day period in which an adjudicatory hearing shall be held is tolled by: (A) delay occasioned by the minor; (B) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a court's determination of the minor's physical incapacity for trial; or (C) an interlocutory appeal. Any such delay shall temporarily suspend for the time of the delay the period within which the adjudicatory hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended. Where no such adjudicatory hearing is held within 120 days, the court may, on written motion of a minor's guardian ad litem, dismiss the petition with respect to such minor. Such dismissal shall be without prejudice. Where the court determines that the State exercised, without success, due diligence to obtain evidence material to the case, and that there are reasonable grounds to believe that such evidence may be obtained at a later date, the court may, upon written motion by the State, continue the matter for not more than 30 additional days. (2) In the case of a minor ordered held in shelter care, the hearing on the petition must be held within 10 judicial days from the date of the order of the court directing shelter care or the earliest possible date in compliance with the notice provisions of Sections 3-17 and 3-18 as to the custodial parent, guardian or legal custodian, but no later than 30 judicial days from the date of the order of the court directing shelter care. Delay occasioned by the respondent shall temporarily suspend, for the time of the delay, the period within which a respondent must be tried pursuant to this Section. Upon failure to comply with the time limits specified in this subsection (a)(2), the minor shall be immediately released. The time limits specified in subsection (a)(1) shall still apply. (3) Nothing in this Section prevents the minor's exercise of his or her right to waive any time limits set forth in this Section. (b) Beginning January 1, 1988: (1)(A) When a petition has been filed alleging that the minor requires authoritative intervention, an adjudicatory hearing shall be held within 120 days of a demand made by any party, except that when the court determines that the State, without success, has exercised due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later date, the court may, upon motion by the State, continue the adjudicatory hearing for not more than 30 additional days. The 120 day period in which an adjudicatory hearing shall be held is tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a court's determination of the minor's physical incapacity for trial; or (iii) an interlocutory appeal. Any such delay shall temporarily suspend, for the time of the delay, the period within which the adjudicatory hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended. (B) When no such adjudicatory hearing is held within the time required by paragraph (b)(1)(A) of this Section, the court shall, upon motion by any party, dismiss the petition with prejudice. (2) Without affecting the applicability of the tolling and multiple prosecution provisions of paragraph (b)(1) of this Section, when a petition has been filed alleging that the minor requires authoritative intervention and the minor is in shelter care, the adjudicatory hearing shall be held within 10 judicial days after the date of the order directing shelter care, or the earliest possible date in compliance with the notice provisions of Sections 3-17 and 3-18 as to the custodial parent, guardian or legal custodian, but no later than 30 judicial days from the date of the order of the court directing shelter care. (3) Any failure to comply with the time limits of paragraph (b)(2) of this Section shall require the immediate release of the minor from shelter care, and the time limits of paragraph (b)(1) shall apply. (4) Nothing in this Section prevents the minor or the minor's parents or guardian from exercising their respective rights to waive the time limits set forth in this Section. (Source: P.A. 85-601.) (705 ILCS 405/3-17) (from Ch. 37, par. 803-17) Sec. 3-17. Summons. (1) When a petition is filed, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's legal guardian or custodian and to each person named as a respondent in the petition, except that summons need not be directed to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act. (2) The summons must contain a statement that the minor or any of the respondents is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor or any other respondent desires to be represented by an attorney but is financially unable to employ counsel. (3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing. (4) The summons may be served by any county sheriff, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof thereof. (5) Service of a summons and petition shall be made by: (a) leaving a copy thereof with the person summoned at least 3 days before the time stated therein for appearance; (b) leaving a copy at the summoned person's his usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person of the contents thereof, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at the person's his usual place of abode, at least 3 days before the time stated therein for appearance; or (c) leaving a copy thereof with the guardian or custodian of a minor, at least 3 days before the time stated therein for appearance. If the guardian or custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of such agency designated by such agency to accept service of summons and petitions. The certificate of the officer or affidavit of the person that the officer or person he has sent the copy pursuant to this Section is sufficient proof of service. (6) When a parent or other person, who has signed a written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both. (7) The appearance of the minor's legal guardian or custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service of summons and submission to the jurisdiction of the court. A copy of the summons and petition shall be provided to the person at the time of the person's his appearance. (Source: P.A. 86-441.) (705 ILCS 405/3-18) (from Ch. 37, par. 803-18) Sec. 3-18. Notice by certified mail or publication. (1) If service on individuals as provided in Section 3-17 is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In such case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after such mailing. The regular return receipt for certified mail is sufficient proof of service. (2) If service upon individuals as provided in Section 3-17 is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All whom it may Concern", or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Notice by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless notice by publication is given or unless that person appears. When a minor has been sheltered under Section 3-12 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of the court directing such shelter care, the clerk of the court shall cause publication. Notice by publication shall be substantially as follows: "A, B, C, D, (here giving the names of the named respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation): Take notice that on (insert date) a petition was filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on (insert date) at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. The court has authority in this proceeding to take from you the custody and guardianship of the minor, (and if the petition prays for the appointment of a guardian with power to consent to adoption) and to appoint a guardian with power to consent to adoption of the minor. Now, unless you appear at the hearing and show cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered. ...................... Clerk Dated (insert the date of publication)" (3) The clerk shall also at the time of the publication of the notice send a copy thereof by mail to each of the respondents on account of whom publication is made at the his or her last known address of each respondent. The certificate of the clerk that the clerk he or she has mailed the notice is evidence thereof. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any custodial parent, guardian or legal custodian in the case of a minor requiring authoritative intervention. (4) If it becomes necessary to change the date set for the hearing in order to comply with Section 3-17 or with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail. (Source: P.A. 91-357, eff. 7-29-99.) (705 ILCS 405/3-19) (from Ch. 37, par. 803-19) Sec. 3-19. Guardian ad litem. (1) Immediately upon the filing of a petition alleging that the minor requires authoritative intervention, the court may appoint a guardian ad litem for the minor if (a) such petition alleges that the minor is the victim of sexual abuse or misconduct; or (b) such petition alleges that charges alleging the commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. (2) Unless the guardian ad litem appointed pursuant to paragraph (1) is an attorney at law, the guardian ad litem he shall be represented in the performance of the guardian ad litem's his duties by counsel. (3) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if (a) no parent, guardian, custodian or relative of the minor appears at the first or any subsequent hearing of the case; (b) the petition prays for the appointment of a guardian with power to consent to adoption; or (c) the petition for which the minor is before the court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act. (4) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's his parents or other custodian or that it is otherwise in the minor's interest to do so. (5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county. (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) (705 ILCS 405/3-21) (from Ch. 37, par. 803-21) Sec. 3-21. Continuance under supervision. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of proceedings a finding of whether or not the minor is a person requiring authoritative intervention; and (b) in the absence of objection made in open court by the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney. (2) If the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or State's Attorney, objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be a minor requiring authoritative intervention is continued pursuant to this Section, the court may permit the minor to remain in the minor's his home subject to such conditions concerning the minor's his conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay. (6) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article III, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer. If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act. The fee may be imposed only upon a minor who is actively supervised by the probation and court services department. The fee must be collected by the clerk of the circuit court. The clerk of the circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (Source: P.A. 100-159, eff. 8-18-17.) (705 ILCS 405/3-22) (from Ch. 37, par. 803-22) Sec. 3-22. Findings and adjudication. (1) After hearing the evidence the court shall make and note in the minutes of the proceeding a finding of whether or not the person is a minor requiring authoritative intervention. If it finds that the minor is not such a person, the court shall order the petition dismissed and the minor discharged from any restriction previously ordered in such proceeding. (2) If the court finds that the person is a minor requiring authoritative intervention, the court shall note in its findings that the minor he or she does require authoritative intervention. The court shall then set a time for a dispositional hearing to be conducted under Section 3-23 at which hearing the court shall determine whether it is in the best interests of the minor and the public that the minor he be made a ward of the court. To assist the court in making this and other determinations at the dispositional hearing, the court may order that an investigation be conducted and a dispositional report be prepared concerning the minor's physical and mental history and condition, family situation and background, economic status, education, occupation, history of delinquency or criminality, personal habits, and any other information that may be helpful to the court. (Source: P.A. 85-601.) (705 ILCS 405/3-23) (from Ch. 37, par. 803-23) Sec. 3-23. Dispositional hearing; evidence; continuance. (1) At the dispositional hearing, the court shall determine whether it is in the best interests of the minor and the public that the minor he be made a ward of the court, and, if the minor he is to be made a ward of the court, the court shall determine the proper disposition best serving the interests of the minor and the public. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing. (2) Notice in compliance with Sections 3-17 and 3-18 must be given to all parties-respondent prior to proceeding to a dispositional hearing. Before making an order of disposition the court shall advise the State's Attorney, the parents, guardian, custodian or responsible relative or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. The court may order, however, that the documents containing such reports need not be submitted for inspection, or that sources of confidential information need not be disclosed except to the attorneys for the parties. Factual contents, conclusions, documents and sources disclosed by the court under this paragraph shall not be further disclosed without the express approval of the court pursuant to an in camera hearing. (3) A record of a prior continuance under supervision under Section 3-21, whether successfully completed or not, is admissible at the dispositional hearing. (4) On its own motion or that of the State's Attorney, a parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor has been removed from the minor's his or her home before an order of disposition has been made. (Source: P.A. 85-601.) (705 ILCS 405/3-24) (from Ch. 37, par. 803-24) Sec. 3-24. Kinds of dispositional orders. (1) The following kinds of orders of disposition may be made in respect to wards of the court: A minor found to be requiring authoritative intervention under Section 3-3 may be (a) committed to the Department of Children and Family Services, subject to Section 5 of the Children and Family Services Act; (b) placed under supervision and released to the minor's his or her parents, guardian or legal custodian; (c) placed in accordance with Section 3-28 with or without also being placed under supervision. Conditions of supervision may be modified or terminated by the court if it deems that the best interests of the minor and the public will be served thereby; (d) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act; or (e) subject to having the minor's his or her driver's license or driving privilege suspended for such time as determined by the Court but only until the minor he or she attains 18 years of age. (2) Any order of disposition may provide for protective supervision under Section 3-25 and may include an order of protection under Section 3-26. (3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 3-32. (4) In addition to any other order of disposition, the court may order any person found to be a minor requiring authoritative intervention under Section 3-3 to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may pay some or all of such restitution on the minor's behalf. (5) Any order for disposition where the minor is committed or placed in accordance with Section 3-28 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. Such payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. (7) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article III, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer. If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act. The fee may be imposed only upon a minor who is actively supervised by the probation and court services department. The fee must be collected by the clerk of the circuit court. The clerk of the circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (Source: P.A. 100-159, eff. 8-18-17.) (705 ILCS 405/3-25) (from Ch. 37, par. 803-25) Sec. 3-25. Protective supervision. If the order of disposition releases the minor to the custody of the minor's his parents, guardian or legal custodian, or continues the minor him in such custody, the court may place the person having custody of the minor, except for representatives of private or public agencies or governmental departments, under supervision of the probation office. Rules or orders of court shall define the terms and conditions of protective supervision, which may be modified or terminated when the court finds that the best interests of the minor and the public will be served thereby. (Source: P.A. 85-601.) (705 ILCS 405/3-26) (from Ch. 37, par. 803-26) Sec. 3-26. Order of protection. (1) The court may make an order of protection in assistance of or as a condition of any other order authorized by this Act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period. Such an order may require a person: (a) To stay away from the home or the minor; (b) To permit a parent to visit the minor at stated periods; (c) To abstain from offensive conduct against the minor, the minor's his parent or any person to whom custody of the minor is awarded; (d) To give proper attention to the care of the home; (e) To cooperate in good faith with an agency to which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court; (f) To prohibit and prevent any contact whatsoever with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor; (g) To refrain from acts of commission or omission that tend to make the home not a proper place for the minor. (2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section. (3) When the court issues an order of protection against any person as provided by this Section, the court shall direct a copy of such order to the Sheriff of that county. The Sheriff shall furnish a copy of the order of protection to the Illinois State Police within 24 hours of receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders of protection and make this data available to all local law enforcement agencies. (4) After notice and opportunity for hearing afforded to a person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the best interests of the minor and the public will be served thereby. (5) An order of protection may be sought at any time during the course of any proceeding conducted pursuant to this Act. Any person against whom an order of protection is sought may retain counsel to represent the person him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing in writing of the contents of the petition seeking a protective order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition. (6) Diligent efforts shall be made by the petitioner to serve any person or persons against whom any order of protection is sought with written notice of the contents of the petition seeking a protective order and of the date, place and time at which the hearing on the petition is to be held. When a protective order is being sought in conjunction with a shelter care hearing, if the court finds that the person against whom the protective order is being sought has been notified of the hearing or that diligent efforts have been made to notify such person, the court may conduct a hearing. If a protective order is sought at any time other than in conjunction with a shelter care hearing, the court may not conduct a hearing on the petition in the absence of the person against whom the order is sought unless the petitioner has notified such person by personal service at least 3 days before the hearing or has sent written notice by first class mail to such person's last known address at least 5 days before the hearing. (7) A person against whom an order of protection is being sought who is neither a parent, guardian, legal custodian or responsible relative as described in Section 1-5 is not a party or respondent as defined in that Section and shall not be entitled to the rights provided therein. Such person does not have a right to appointed counsel or to be present at any hearing other than the hearing in which the order of protection is being sought or a hearing directly pertaining to that order. Unless the court orders otherwise, such person does not have a right to inspect the court file. (8) All protective orders entered under this Section shall be in writing. Unless the person against whom the order was obtained was present in court when the order was issued, the sheriff, other law enforcement official or special process server shall promptly serve that order upon that person and file proof of such service, in the manner provided for service of process in civil proceedings. The person against whom the protective order was obtained may seek a modification of the order by filing a written motion to modify the order within 7 days after actual receipt by the person of a copy of the order. (Source: P.A. 102-538, eff. 8-20-21.) (705 ILCS 405/3-27) (from Ch. 37, par. 803-27) Sec. 3-27. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the minor so requires, by the issuance of a warrant to take the alleged violator into custody and bring the minor him before the court. (2) In any case where an order of protection has been entered, the clerk of the court may issue to the petitioner, to the minor or to any other person affected by the order a certificate stating that an order of protection has been made by the court concerning such persons and setting forth its terms and requirements. The presentation of the certificate to any peace officer authorizes the peace officer him to take into custody a person charged with violating the terms of the order of protection, to bring such person before the court and, within the limits of the peace officer's his legal authority as such peace officer, otherwise to aid in securing the protection the order is intended to afford. (Source: P.A. 85-601.) (705 ILCS 405/3-28) (from Ch. 37, par. 803-28) Sec. 3-28. Placement; legal custody or guardianship. (1) If the court finds that the parents, guardian or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor or are unwilling to do so, and that appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions which have led to such a finding of unfitness or inability to care for, protect, train or discipline the minor, and that it is in the best interest of the minor to take the minor him from the custody of the minor's his parents, guardian or custodian, the court may: (a) place the minor him in the custody of a suitable relative or other person; (b) place the minor him under the guardianship of a probation officer; (c) commit the minor him to an agency for care or placement, except an institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services; (d) commit the minor him to some licensed training school or industrial school; or (e) commit the minor him to any appropriate institution having among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services. (2) When making such placement, the court, wherever possible, shall select a person holding the same religious belief as that of the minor or a private agency controlled by persons of like religious faith of the minor and shall require the Department of Children and Family Services to otherwise comply with Section 7 of the Children and Family Services Act in placing the child. In addition, whenever alternative plans for placement are available, the court shall ascertain and consider, to the extent appropriate in the particular case, the views and preferences of the minor. (3) When a minor is placed with a suitable relative or other person, the court shall appoint the suitable relative or other person as him the legal custodian or guardian of the person of the minor. When a minor is committed to any agency, the court shall appoint the proper officer or representative thereof as legal custodian or guardian of the person of the minor. Legal custodians and guardians of the person of the minor have the respective rights and duties set forth in paragraph (9) of Section 1-3 except as otherwise provided by order of the court; but no guardian of the person may consent to adoption of the minor unless that authority is conferred upon the guardian him in accordance with Section 3-30. An agency whose representative is appointed guardian of the person or legal custodian of the minor may place the minor him in any child care facility, but such facility must be licensed under the Child Care Act of 1969 or have been approved by the Department of Children and Family Services as meeting the standards established for such licensing. No agency may place such minor in a child care facility unless such placement is in compliance with the rules and regulations for placement under this Section promulgated by the Department of Children and Family Services under Section 5 of the Children and Family Services Act "An Act creating the Department of Children and Family Services, codifying its powers and duties, and repealing certain Acts and Sections herein named". Like authority and restrictions shall be conferred by the court upon any probation officer who has been appointed guardian of the person of a minor. (4) No placement by any probation officer or agency whose representative is appointed guardian of the person or legal custodian of a minor may be made in any out of State child care facility unless it complies with the Interstate Compact on the Placement of Children. (5) The clerk of the court shall issue to such legal custodian or guardian of the person a certified copy of the order of the court, as proof of the legal custodian's or guardian's his authority. No other process is necessary as authority for the keeping of the minor. (6) Custody or guardianship granted hereunder continues until the court otherwise directs, but not after the minor reaches the age of 19 years except as set forth in Section 3-32. (Source: P.A. 98-83, eff. 7-15-13.) (705 ILCS 405/3-29) (from Ch. 37, par. 803-29) Sec. 3-29. Court review. (1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian him into court and require the legal custodian, guardian, him or the legal custodian's or guardian's his agency, to make a full and accurate report of the his or its doings of the legal custodian, guardian, or agency on in behalf of the minor. The custodian or guardian, within 10 days after such citation, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's his stead or restore the minor to the custody of the minor's his parents or former guardian or custodian. (2) A guardian or custodian appointed by the court pursuant to this Act shall file updated case plans with the court every 6 months. Every agency which has guardianship of a child shall file a supplemental petition for court review, or review by an administrative body appointed or approved by the court and further order within 18 months of dispositional order and each 18 months thereafter. Such petition shall state facts relative to the child's present condition of physical, mental and emotional health as well as facts relative to the child's his present custodial or foster care. The petition shall be set for hearing and the clerk shall mail 10 days notice of the hearing by certified mail, return receipt requested, to the person or agency having the physical custody of the child, the minor and other interested parties unless a written waiver of notice is filed with the petition. Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act. (3) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's his parents or former guardian or custodian. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's his guardianship or custody, guardianship or custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without the legal custodian's or guardian's his consent until given notice and an opportunity to be heard by the court. (Source: P.A. 85-601.) (705 ILCS 405/3-30) (from Ch. 37, par. 803-30) Sec. 3-30. Adoption; appointment of guardian with power to consent. (1) A ward of the court under this Act, with the consent of the court, may be the subject of a petition for adoption under the Adoption Act "An Act in relation to the adoption of persons, and to repeal an Act therein named", approved July 17, 1959, as amended, or with like consent the minor's his or her parent or parents may, in the manner required by such Act, surrender the minor him or her for adoption to an agency legally authorized or licensed to place children for adoption. (2) If the petition prays and the court finds that it is in the best interests of the minor that a guardian of the person be appointed and authorized to consent to the adoption of the minor, the court with the consent of the parents, if living, or after finding, based upon clear and convincing evidence, that a non-consenting parent is an unfit person as defined in Section 1 of the Adoption Act "An Act in relation to the adoption of persons, and to repeal an Act therein named", approved July 17, 1959, as amended, may empower the guardian of the person of the minor, in the order appointing the person him or her as such guardian, to appear in court where any proceedings for the adoption of the minor may at any time be pending and to consent to the adoption. Such consent is sufficient to authorize the court in the adoption proceedings to enter a proper order or judgment of adoption without further notice to, or consent by, the parents of the minor. An order so empowering the guardian to consent to adoption terminates parental rights, deprives the parents of the minor of all legal rights as respects the minor and relieves them of all parental responsibility for the minor him or her, and frees the minor from all obligations of maintenance and obedience to the minor's his or her natural parents. If the minor is over 14 years of age, the court may, in its discretion, consider the wishes of the minor in determining whether the best interests of the minor would be promoted by the finding of the unfitness of a non-consenting parent. (3) Parental consent to the order authorizing the guardian of the person to consent to adoption of the Minor shall be given in open court whenever possible and otherwise must be in writing and signed in the form provided in the Adoption Act "An Act in relation to the adoption of persons, and to repeal an Act therein named", approved July 17, 1959, as amended, but no names of petitioners for adoption need be included. A finding of the unfitness of a nonconsenting parent must be made in compliance with that Act and be based upon clear and convincing evidence. Provisions of that Act relating to minor parents and to mentally ill or mentally deficient parents apply to proceedings under this Section and shall be based upon clear and convincing evidence. (Source: P.A. 85-601.) (705 ILCS 405/3-32) (from Ch. 37, par. 803-32) Sec. 3-32. Duration of wardship and discharge of proceedings. (1) All proceedings under this Act in respect to any minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminate upon the minor his attaining the age of 19 years, except that a court may continue the wardship of a minor until age 21 for good cause when there is satisfactory evidence presented to the court that the best interest of the minor and the public require the continuation of the wardship. (2) Whenever the court finds that the best interests of the minor and the public no longer require the wardship of the court, the court shall order the wardship terminated and all proceedings under this Act respecting that minor finally closed and discharged. The court may at the same time continue or terminate any custodianship or guardianship theretofore ordered but termination must be made in compliance with Section 3-29. (3) The wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed after the effective date of this amendatory Act of 1991 automatically terminates when the minor he attains the age of 19 years except as set forth in subsection (1) of this Section. The clerk of the court shall at that time record all proceedings under this Act as finally closed and discharged for that reason. (Source: P.A. 87-14.) (705 ILCS 405/3-33.5) Sec. 3-33.5. Truant minors in need of supervision. (a) Definition. A minor who is reported by the office of the regional superintendent of schools as a chronic truant may be subject to a petition for adjudication and adjudged a truant minor in need of supervision, provided that prior to the filing of the petition, the office of the regional superintendent of schools or a community truancy review board certifies that the local school has provided appropriate truancy intervention services to the truant minor and the minor's his or her family. For purposes of this Section, "truancy intervention services" means services designed to assist the minor's return to an educational program, and includes but is not limited to: assessments, counseling, mental health services, shelter, optional and alternative education programs, tutoring, and educational advocacy. If, after review by the regional office of education or community truancy review board, it is determined the local school did not provide the appropriate interventions, then the minor shall be referred to a comprehensive community based youth service agency for truancy intervention services. If the comprehensive community based youth service agency is incapable to provide intervention services, then this requirement for services is not applicable. The comprehensive community based youth service agency shall submit reports to the office of the regional superintendent of schools or truancy review board within 20, 40, and 80 school days of the initial referral or at any other time requested by the office of the regional superintendent of schools or truancy review board, which reports each shall certify the date of the minor's referral and the extent of the minor's progress and participation in truancy intervention services provided by the comprehensive community based youth service agency. In addition, if, after referral by the office of the regional superintendent of schools or community truancy review board, the minor declines or refuses to fully participate in truancy intervention services provided by the comprehensive community based youth service agency, then the agency shall immediately certify such facts to the office of the regional superintendent of schools or community truancy review board. (a-1) There is a rebuttable presumption that a chronic truant is a truant minor in need of supervision. (a-2) There is a rebuttable presumption that school records of a minor's attendance at school are authentic. (a-3) For purposes of this Section, "chronic truant" has the meaning ascribed to it in Section 26-2a of the School Code. (a-4) For purposes of this Section, a "community truancy review board" is a local community based board comprised of but not limited to: representatives from local comprehensive community based youth service agencies, representatives from court service agencies, representatives from local schools, representatives from health service agencies, and representatives from local professional and community organizations as deemed appropriate by the office of the regional superintendent of schools. The regional superintendent of schools must approve the establishment and organization of a community truancy review board, and the regional superintendent of schools or the regional superintendent's his or her designee shall chair the board. (a-5) Nothing in this Section shall be construed to create a private cause of action or right of recovery against a regional office of education, its superintendent, or its staff with respect to truancy intervention services where the determination to provide the services is made in good faith. (b) Kinds of dispositional orders. A minor found to be a truant minor in need of supervision may be: (1) committed to the appropriate regional superintendent of schools for a student assistance team staffing, a service plan, or referral to a comprehensive community based youth service agency; (2) required to comply with a service plan as specifically provided by the appropriate regional superintendent of schools; (3) ordered to obtain counseling or other supportive services; (4) (blank); (5) required to perform some reasonable public service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities; or (6) (blank). A dispositional order may include public service only if the court has made an express written finding that a truancy prevention program has been offered by the school, regional superintendent of schools, or a comprehensive community based youth service agency to the truant minor in need of supervision. (c) Orders entered under this Section may be enforced by contempt proceedings. (Source: P.A. 102-456, eff. 1-1-22.) (705 ILCS 405/4-1) (from Ch. 37, par. 804-1) Sec. 4-1. Jurisdictional facts. Proceedings may be instituted under the provisions of this Article concerning children boys and girls who are addicted as defined in Section 4-3. (Source: P.A. 85-601.) (705 ILCS 405/4-4) (from Ch. 37, par. 804-4) Sec. 4-4. Taking into custody. (1) A law enforcement officer may, without a warrant, take into temporary custody a minor (a) whom the officer with reasonable cause believes to be an addicted minor; (b) who has been adjudged a ward of the court and has escaped from any commitment ordered by the court under this Act; or (c) who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment or hospitalization. (2) Whenever a petition has been filed under Section 4-12 and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor himself or others or that the circumstances of the minor's his home environment may endanger the minor's his health, person, welfare or property, a warrant may be issued immediately to take the minor into custody. (3) The taking of a minor into temporary custody under this Section is not an arrest nor does it constitute a police record. (4) Minors taken into temporary custody under this Section are subject to the provisions of Section 1-4.1. (Source: P.A. 87-1154.) (705 ILCS 405/4-5) (from Ch. 37, par. 804-5) Sec. 4-5. Duty of officer; admissions by minor. (1) A law enforcement officer who takes a minor into custody with a warrant shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor he or she is being held; and the officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed. The minor shall be delivered without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors, provided that the court may not designate a place of detention. (2) A law enforcement officer who takes a minor into custody without a warrant under Section 4-4 shall, if the minor is not released, immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held; and the law enforcement officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue. (3) The juvenile police officer may take one of the following actions: (a) station adjustment with release of the minor; (b) station adjustment with release of the minor to a parent; (c) station adjustment, release of the minor to a parent, and referral of the case to community services; (d) station adjustment, release of the minor to a parent, and referral of the case to community services with informal monitoring by a juvenile police officer; (e) station adjustment and release of the minor to a third person pursuant to agreement of the minor and parents; (f) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parents, and referral of the case to community services; (g) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parents, and referral to community services with informal monitoring by a juvenile police officer; (h) release of the minor to the minor's his or her parents and referral of the case to a county juvenile probation officer or such other public officer designated by the court; (i) if the juvenile police officer reasonably believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of the court for the reception of minors; and (j) any other appropriate action with consent of the minor and a parent. (Source: P.A. 85-601.) (705 ILCS 405/4-6) (from Ch. 37, par. 804-6) Sec. 4-6. Temporary custody. "Temporary custody" means the temporary placement of the minor out of the custody of the minor's his or her guardian or parent. (a) "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. (b) "Shelter care" means a physically unrestrictive facility designated by Department of Children and Family Services or a licensed child welfare agency or other suitable place designated by the court for a minor who requires care away from the minor's his or her home. (Source: P.A. 85-601.) (705 ILCS 405/4-7) (from Ch. 37, par. 804-7) Sec. 4-7. Investigation; release. When a minor is delivered to the court, or to the place designated by the court under Section 4-6 of this Act, a probation officer or such other public officer designated by the court shall immediately investigate the circumstances of the minor and the facts surrounding the minor his or her being taken into custody. The minor shall be immediately released to the custody of the minor's his or her parent, guardian, legal custodian or responsible relative, unless the probation officer or such other public officer designated by the court finds that further temporary custody is necessary, as provided in Section 4-6. (Source: P.A. 85-601.) (705 ILCS 405/4-8) (from Ch. 37, par. 804-8) Sec. 4-8. Setting of shelter care hearing. (1) Unless sooner released, a minor alleged to be addicted taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays and holidays, for a shelter care hearing to determine whether the minor he shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court he shall cause a petition to be filed as provided in Section 4-12 of this Act, and the clerk of the court shall set the matter for hearing on the shelter care hearing calendar. When a parent, guardian, custodian or responsible relative is present and so requests, the shelter care hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The probation officer or such other public officer designated by the court shall notify the minor's parent, guardian, custodian or responsible relative of the time and place of the hearing. The notice may be given orally. (3) The minor must be released from custody at the expiration of the 48 hour period, as the case may be, specified by this Section, if not brought before a judicial officer within that period. (Source: P.A. 85-601.) (705 ILCS 405/4-9) (from Ch. 37, par. 804-9) Sec. 4-9. Shelter care hearing. At the appearance of the minor before the court at the shelter care hearing, all witnesses present shall be examined before the court in relation to any matter connected with the allegations made in the petition. (1) If the court finds that there is not probable cause to believe that the minor is addicted, it shall release the minor and dismiss the petition. (2) If the court finds that there is probable cause to believe that the minor is addicted, the minor, the minor's his or her parent, guardian, custodian and other persons able to give relevant testimony shall be examined before the court. After such testimony, the court may enter an order that the minor shall be released upon the request of a parent, guardian or custodian if the parent, guardian or custodian appears to take custody and agrees to abide by a court order which requires the minor and the minor's his or her parent, guardian, or legal custodian to complete an evaluation by an entity licensed by the Department of Human Services, as the successor to the Department of Alcoholism and Substance Abuse, and complete any treatment recommendations indicated by the assessment. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child. The Court shall require documentation by representatives of the Department of Children and Family Services or the probation department as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from the minor's his or her home, and shall consider the testimony of any person as to those reasonable efforts. If the court finds that it is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that the minor he or she is likely to flee the jurisdiction of the court, and further, finds that reasonable efforts have been made or good cause has been shown why reasonable efforts cannot prevent or eliminate the necessity of removal of the minor from the minor's his or her home, the court may prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children and Family Services or a licensed child welfare agency, or in a facility or program licensed by the Department of Human Services for shelter and treatment services; otherwise it shall release the minor from custody. If the court prescribes shelter care, then in placing the minor, the Department or other agency shall, to the extent compatible with the court's order, comply with Section 7 of the Children and Family Services Act. If the minor is ordered placed in a shelter care facility of the Department of Children and Family Services or a licensed child welfare agency, or in a facility or program licensed by the Department of Human Services for shelter and treatment services, the court shall, upon request of the appropriate Department or other agency, appoint the Department of Children and Family Services Guardianship Administrator or other appropriate agency executive temporary custodian of the minor and the court may enter such other orders related to the temporary custody as it deems fit and proper, including the provision of services to the minor or the minor's his family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity. Acceptance of services shall not be considered an admission of any allegation in a petition made pursuant to this Act, nor may a referral of services be considered as evidence in any proceeding pursuant to this Act, except where the issue is whether the Department has made reasonable efforts to reunite the family. In making its findings that reasonable efforts have been made or that good cause has been shown why reasonable efforts cannot prevent or eliminate the necessity of removal of the minor from the minor's his or her home, the court shall state in writing its findings concerning the nature of the services that were offered or the efforts that were made to prevent removal of the child and the apparent reasons that such services or efforts could not prevent the need for removal. The parents, guardian, custodian, temporary custodian and minor shall each be furnished a copy of such written findings. The temporary custodian shall maintain a copy of the court order and written findings in the case record for the child. The order together with the court's findings of fact in support thereof shall be entered of record in the court. Once the court finds that it is a matter of immediate and urgent necessity for the protection of the minor that the minor be placed in a shelter care facility, the minor shall not be returned to the parent, custodian or guardian until the court finds that such placement is no longer necessary for the protection of the minor. (3) If neither the parent, guardian, legal custodian, responsible relative nor counsel of the minor has had actual notice of or is present at the shelter care hearing, the parent, guardian, legal custodian, responsible relative, or counsel of the minor he or she may file an his or her affidavit setting forth these facts, and the clerk shall set the matter for rehearing not later than 24 hours, excluding Sundays and legal holidays, after the filing of the affidavit. At the rehearing, the court shall proceed in the same manner as upon the original hearing. (4) If the minor is not brought before a judicial officer within the time period as specified in Section 4-8, the minor must immediately be released from custody. (5) Only when there is reasonable cause to believe that the minor taken into custody is a person described in subsection (3) of Section 5-105 may the minor be kept or detained in a detention home or county or municipal jail. This Section shall in no way be construed to limit subsection (6). (6) No minor under 16 years of age may be confined in a jail or place ordinarily used for the confinement of prisoners in a police station. Minors under 18 years of age must be kept separate from confined adults and may not at any time be kept in the same cell, room or yard with adults confined pursuant to the criminal law. (7) If neither the parent, guardian or custodian appears within 24 hours to take custody of a minor released upon request pursuant to subsection (2) of this Section, then the clerk of the court shall set the matter for rehearing not later than 7 days after the original order and shall issue a summons directed to the parent, guardian or custodian to appear. At the same time the probation department shall prepare a report on the minor. If a parent, guardian or custodian does not appear at such rehearing, the judge may enter an order prescribing that the minor be kept in a suitable place designated by the Department of Children and Family Services or a licensed child welfare agency. (8) Any interested party, including the State, the temporary custodian, an agency providing services to the minor or family under a service plan pursuant to Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any of their representatives, may file a motion to modify or vacate a temporary custody order on any of the following grounds: (a) It is no longer a matter of immediate and urgent necessity that the minor remain in shelter care; or (b) There is a material change in the circumstances of the natural family from which the minor was removed; or (c) A person, including a parent, relative or legal guardian, is capable of assuming temporary custody of the minor; or (d) Services provided by the Department of Children and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody. The clerk shall set the matter for hearing not later than 14 days after such motion is filed. In the event that the court modifies or vacates a temporary custody order but does not vacate its finding of probable cause, the court may order that appropriate services be continued or initiated in behalf of the minor and the minor's his or her family. (9) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 100-159, eff. 8-18-17; 100-201, eff. 8-18-17.) (705 ILCS 405/4-11) (from Ch. 37, par. 804-11) Sec. 4-11. Preliminary conferences. (1) The court may authorize the probation officer to confer in a preliminary conference with any person seeking to file a petition under this Article, the prospective respondents and other interested persons concerning the advisability of filing the petition, with a view to adjusting suitable cases without the filing of a petition as provided for herein. The probation officer should schedule a conference promptly except where the State's Attorney insists on court action or where the minor has indicated that the minor he or she will demand a judicial hearing and will not comply with an informal adjustment. (2) In any case of a minor who is in temporary custody, the holding of preliminary conferences does not operate to prolong temporary custody beyond the period permitted by Section 4-8. (3) This Section does not authorize any probation officer to compel any person to appear at any conference, produce any papers, or visit any place. (4) No statement made during a preliminary conference may be admitted into evidence at an adjudicatory hearing or at any proceeding against the minor under the criminal laws of this State prior to the minor's his or her conviction thereunder. (5) The probation officer shall promptly formulate a written non-judicial adjustment plan following the initial conference. (6) Non-judicial adjustment plans include but are not limited to the following: (a) up to 6 months informal supervision within the family; (b) up to 12 months informal supervision with a probation officer involved; (c) up to 6 months informal supervision with release to a person other than a parent; (d) referral to special educational, counseling or other rehabilitative social or educational programs; (e) referral to residential treatment programs; and (f) any other appropriate action with consent of the minor and a parent. (7) The factors to be considered by the probation officer in formulating a written non-judicial adjustment plan shall be the same as those limited in subsection (4) of Section 5-405. (Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.) (705 ILCS 405/4-12) (from Ch. 37, par. 804-12) Sec. 4-12. Petition; supplemental petitions. (1) Any adult person, any agency or association by its representative may file, or the court on its own motion may direct the filing through the State's Attorney of a petition in respect to a minor under this Act. The petition and all subsequent court documents shall be entitled "In the interest of ...., a minor". (2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor is addicted, as the case may be, and set forth (a) facts sufficient to bring the minor under Section 4-1; (b) the name, age and residence of the minor; (c) the names and residences of the minor's his parents; (d) the name and residence of the minor's his legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which shelter care was ordered by the court or the date set for a shelter care hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state. (3) The petition must allege that it is in the best interests of the minor and of the public that the minor he or she be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship. (4) If appointment of a guardian of the person with power to consent to adoption of the minor under Section 4-27 is sought, the petition shall so state. (5) At any time before dismissal of the petition or before final closing and discharge under Section 4-29, one or more supplemental petitions may be filed in respect to the same minor. (Source: P.A. 85-1209.) (705 ILCS 405/4-13) (from Ch. 37, par. 804-13) Sec. 4-13. Date for adjudicatory hearing. (a) (Blank). Until January 1, 1988: (1) When a petition has been filed alleging that the minor is an addict under this Article, an adjudicatory hearing shall be held within 120 days. The 120 day period in which an adjudicatory hearing shall be held is tolled by: (A) delay occasioned by the minor; (B) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a court's determination of the minor's physical incapacity for trial; or (C) an interlocutory appeal. Any such delay shall temporarily suspend for the time of the delay the period within which the adjudicatory hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended. Where no such adjudicatory hearing is held within 120 days the court may, upon written motion of such minor's guardian ad litem, dismiss the petition with respect to such minor. Such dismissal shall be without prejudice. Where the court determines that the State has exercised, without success, due diligence to obtain evidence material to the case, and that there are reasonable grounds to believe that such evidence may be obtained at a later date the court may, upon written motion by the state, continue the matter for not more than 30 additional days. (2) In the case of a minor ordered held in shelter care, the hearing on the petition must be held within 10 judicial days from the date of the order of the court directing shelter care, or the earliest possible date in compliance with the notice provisions of Sections 4-14 and 4-15 as to the custodial parent, guardian or legal custodian, but no later than 30 judicial days from the date of the order of the court directing shelter care. Delay occasioned by the respondent shall temporarily suspend, for the time of the delay, the period within which a respondent must be brought to an adjudicatory hearing pursuant to this Section. Any failure to comply with the time limits of this subsection must require the immediate release of the minor and the time limits of subsection (a) (1) shall apply. (3) Nothing in this Section prevents the minor's exercise of his or her right to waive the time limits set forth in this Section. (b) Beginning January 1, 1988: (1)(A) When a petition has been filed alleging that the minor is an addict under this Article, an adjudicatory hearing shall be held within 120 days of a demand made by any party, except that when the court determines that the State, without success, has exercised due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later date, the court may, upon motion by the State, continue the adjudicatory hearing for not more than 30 additional days. The 120 day period in which an adjudicatory hearing shall be held is tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a court's determination of the minor's physical incapacity for trial; or (iii) an interlocutory appeal. Any such delay shall temporarily suspend for the time of the delay the period within which the adjudicatory hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended. (B) When no such adjudicatory hearing is held within the time required by paragraph (b)(1)(A) of this Section, the court shall, upon motion by any party, dismiss the petition with prejudice. (2) Without affecting the applicability of the tolling and multiple prosecution provisions of paragraph (b) (1) of this Section, when a petition has been filed alleging that the minor is an addict under this Article and the minor is in shelter care, the adjudicatory hearing shall be held within 10 judicial days after the date of the order directing shelter care, or the earliest possible date in compliance with the notice provisions of Sections 4-14 and 4-15 as to the custodial parent, guardian or legal custodian, but no later than 30 judicial days from the date of the order of the court directing shelter care. (3) Any failure to comply with the time limits of paragraph (b)(2) of this Section shall require the immediate release of the minor from shelter care, and the time limits of paragraph (b)(1) shall apply. (4) Nothing in this Section prevents the minor or the minor's parents or guardian from exercising their respective rights to waive the time limits set forth in this Section. (Source: P.A. 85-601.) (705 ILCS 405/4-14) (from Ch. 37, par. 804-14) Sec. 4-14. Summons. (1) When a petition is filed, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's legal guardian or custodian and to each person named as a respondent in the petition, except that summons need not be directed to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act. (2) The summons must contain a statement that the minor or any of the respondents is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor or any other respondent desires to be represented by an attorney but is financially unable to employ counsel. (3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing. (4) The summons may be served by any county sheriff, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof thereof. (5) Service of a summons and petition shall be made by: (a) leaving a copy thereof with the person summoned at least 3 days before the time stated therein for appearance; (b) leaving a copy at the summoned person's his usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person of the contents thereof, provided that the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at the person's his usual place of abode, at least 3 days before the time stated therein for appearance; or (c) leaving a copy thereof with the guardian or custodian of a minor, at least 3 days before the time stated therein for appearance. If the guardian or custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of such agency designated by such agency to accept service of summons and petitions. The certificate of the officer or affidavit of the person that the officer or person he has sent the copy pursuant to this Section is sufficient proof of service. (6) When a parent or other person, who has signed a written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both. (7) The appearance of the minor's legal guardian or custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service of summons and submission to the jurisdiction of the court. A copy of the summons and petition shall be provided to the person at the time of the person's his appearance. (Source: P.A. 86-441.) (705 ILCS 405/4-15) (from Ch. 37, par. 804-15) Sec. 4-15. Notice by certified mail or publication. (1) If service on individuals as provided in Section 4-14 is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In such case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after such mailing. The regular return receipt for certified mail is sufficient proof of service. (2) If service upon individuals as provided in Section 4-14 is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All whom it may Concern", or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Notice by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless notice by publication is given or unless that person appears. When a minor has been sheltered under Section 4-6 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of court directing such shelter care, the clerk of the court shall cause publication. Notice by publication shall be substantially as follows: "A, B, C, D, (here giving the names of the named respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation): Take notice that on (insert date) a petition was filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on the .... day of .... at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. The court has authority in this proceeding to take from you the custody and guardianship of the minor, (and if the petition prays for the appointment of a guardian with power to consent to adoption) and to appoint a guardian with power to consent to adoption of the minor. Now, unless you appear at the hearing and show cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered. ...................... Clerk Dated (insert the date of publication)" (3) The clerk shall also at the time of the publication of the notice send a copy thereof by mail to each of the respondents on account of whom publication is made at each respondent's his or her last known address. The certificate of the clerk that the clerk he or she has mailed the notice is evidence thereof. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any custodial parent, guardian or legal custodian. (4) If it becomes necessary to change the date set for the hearing in order to comply with Section 4-14 or with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail. (Source: P.A. 91-357, eff. 7-29-99.) (705 ILCS 405/4-16) (from Ch. 37, par. 804-16) Sec. 4-16. Guardian ad litem. (1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this Act, the court may appoint a guardian ad litem for the minor if: (a) such petition alleges that the minor is the victim of sexual abuse or misconduct; or (b) such petition alleges that charges alleging the commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense. Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law the guardian ad litem he shall be represented in the performance of the guardian ad litem's his duties by counsel. (2) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if (a) no parent, guardian, custodian or relative of the minor appears at the first or any subsequent hearing of the case; (b) the petition prays for the appointment of a guardian with power to consent to adoption; or (c) the petition for which the minor is before the court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act. (3) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's his parents or other custodian or that it is otherwise in the minor's interest to do so. (4) Unless the guardian ad litem is an attorney, the guardian ad litem he shall be represented by counsel. (5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county. (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) (705 ILCS 405/4-18) (from Ch. 37, par. 804-18) Sec. 4-18. Continuance under supervision. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of the proceeding a finding of whether or not the minor is an addict, and (b) in the absence of objection made in open court by the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or the State's Attorney. (2) If the minor, the minor's his parent, guardian, custodian, responsible relative, defense attorney or State's Attorney, objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing is continued pursuant to this Section, the court may permit the minor to remain in the minor's his home subject to such conditions concerning the minor's his conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay. (6) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article IV, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer. If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act. The fee may be imposed only upon a minor who is actively supervised by the probation and court services department. The fee must be collected by the clerk of the circuit court. The clerk of the circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (Source: P.A. 100-159, eff. 8-18-17.) (705 ILCS 405/4-20) (from Ch. 37, par. 804-20) Sec. 4-20. Dispositional hearing; evidence; continuance. (1) At the dispositional hearing, the court shall determine whether it is in the best interests of the minor and the public that the minor he be made a ward of the court, and, if the minor he is to be made a ward of the court, the court shall determine the proper disposition best serving the interests of the minor and the public. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the adjudicatory hearing. (2) Notice in compliance with Sections 4-14 and 4-15 must be given to all parties-respondents prior to proceeding to a dispositional hearing. Before making an order of disposition the court shall advise the State's Attorney, the parents, guardian, custodian or responsible relative or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. The court may order, however, that the documents containing such reports need not be submitted to inspection, or that sources of confidential information need not be disclosed except to the attorneys for the parties. Factual contents, conclusions, documents and sources disclosed by the court under this paragraph shall not be further disclosed without the express approval of the court pursuant to an in camera hearing. (3) A record of a prior continuance under supervision under Section 4-18, whether successfully completed or not, is admissible at the dispositional hearing. (4) On its own motion or that of the State's Attorney, a parent, guardian, custodian, responsible relative or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor has been removed from the minor's his or her home before an order of disposition has been made. (Source: P.A. 85-601.) (705 ILCS 405/4-21) (from Ch. 37, par. 804-21) Sec. 4-21. Kinds of dispositional orders. (1) A minor found to be addicted under Section 4-3 may be (a) committed to the Department of Children and Family Services, subject to Section 5 of the Children and Family Services Act; (b) placed under supervision and released to the minor's his or her parents, guardian or legal custodian; (c) placed in accordance with Section 4-25 with or without also being placed under supervision. Conditions of supervision may be modified or terminated by the court if it deems that the best interests of the minor and the public will be served thereby; (d) required to attend an approved alcohol or drug abuse treatment or counseling program on an inpatient or outpatient basis instead of or in addition to the disposition otherwise provided for in this paragraph; (e) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act; or (f) subject to having the minor's his or her driver's license or driving privilege suspended for such time as determined by the Court but only until the minor he or she attains 18 years of age. No disposition under this subsection shall provide for the minor's placement in a secure facility. (2) Any order of disposition may provide for protective supervision under Section 4-22 and may include an order of protection under Section 4-23. (3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 4-29. (4) In addition to any other order of disposition, the court may order any minor found to be addicted under this Article as neglected with respect to the minor's his or her own injurious behavior, to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may pay some or all of such restitution on the minor's behalf. (5) Any order for disposition where the minor is placed in accordance with Section 4-25 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. Such payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. (7) The court must impose upon a minor under an order of continuance under supervision or an order of disposition under this Article IV, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer. If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a lesser fee. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act. The fee may be imposed only upon a minor who is actively supervised by the probation and court services department. The fee must be collected by the clerk of the circuit court. The clerk of the circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act. (Source: P.A. 100-159, eff. 8-18-17.) (705 ILCS 405/4-22) (from Ch. 37, par. 804-22) Sec. 4-22. Protective supervision. If the order of disposition releases the minor to the custody of the minor's his parents, guardian or legal custodian, or continues the minor him in such custody, the court may place the person having custody of the minor, except for representatives of private or public agencies or governmental departments, under supervision of the probation office. Rules or orders of the court shall define the terms and conditions of protective supervision, which may be modified or terminated when the court finds that the best interests of the minor and the public will be served thereby. (Source: P.A. 85-601.) (705 ILCS 405/4-23) (from Ch. 37, par. 804-23) Sec. 4-23. Order of protection. (1) The court may make an order of protection in assistance of or as a condition of any other order authorized by this Act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified period. Such an order may require a person: (a) To stay away from the home or the minor; (b) To permit a parent to visit the minor at stated periods; (c) To abstain from offensive conduct against the minor, the minor's his parent or any person to whom custody of the minor is awarded; (d) To give proper attention to the care of the home; (e) To cooperate in good faith with an agency to which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court; (f) To prohibit and prevent any contact whatsoever with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor; (g) To refrain from acts of commission or omission that tend to make the home not a proper place for the minor. (2) The court shall enter an order of protection to prohibit and prevent any contact between a respondent minor or a sibling of a respondent minor and any person named in a petition seeking an order of protection who has been convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of a child, or has violated a previous order of protection under this Section. (3) When the court issues an order of protection against any person as provided by this Section, the court shall direct a copy of such order to the Sheriff of that county. The Sheriff shall furnish a copy of the order of protection to the Illinois State Police within 24 hours of receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders of protection and make this data available to all local law enforcement agencies. (4) After notice and opportunity for hearing afforded to a person subject to an order of protection, the order may be modified or extended for a further specified period or both or may be terminated if the court finds that the best interests of the minor and the public will be served thereby. (5) An order of protection may be sought at any time during the course of any proceeding conducted pursuant to this Act. Any person against whom an order of protection is sought may retain counsel to represent the person him at a hearing, and has rights to be present at the hearing, to be informed prior to the hearing in writing of the contents of the petition seeking a protective order and of the date, place and time of such hearing, and to cross examine witnesses called by the petitioner and to present witnesses and argument in opposition to the relief sought in the petition. (6) Diligent efforts shall be made by the petitioner to serve any person or persons against whom any order of protection is sought with written notice of the contents of the petition seeking a protective order and of the date, place and time at which the hearing on the petition is to be held. When a protective order is being sought in conjunction with a shelter care hearing, if the court finds that the person against whom the protective order is being sought has been notified of the hearing or that diligent efforts have been made to notify such person, the court may conduct a hearing. If a protective order is sought at any time other than in conjunction with a shelter care hearing, the court may not conduct a hearing on the petition in the absence of the person against whom the order is sought unless the petitioner has notified such person by personal service at least 3 days before the hearing or has sent written notice by first class mail to such person's last known address at least 5 days before the hearing. (7) A person against whom an order of protection is being sought who is neither a parent, guardian, legal custodian or responsible relative as described in Section 1-5 is not a party or respondent as defined in that Section and shall not be entitled to the rights provided therein. Such person does not have a right to appointed counsel or to be present at any hearing other than the hearing in which the order of protection is being sought or a hearing directly pertaining to that order. Unless the court orders otherwise, such person does not have a right to inspect the court file. (8) All protective orders entered under this Section shall be in writing. Unless the person against whom the order was obtained was present in court when the order was issued, the sheriff, other law enforcement official or special process server shall promptly serve that order upon that person and file proof of such service, in the manner provided for service of process in civil proceedings. The person against whom the protective order was obtained may seek a modification of the order by filing a written motion to modify the order within 7 days after actual receipt by the person of a copy of the order. (Source: P.A. 102-538, eff. 8-20-21.) (705 ILCS 405/4-24) (from Ch. 37, par. 804-24) Sec. 4-24. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, where protection of the welfare of the minor so requires, by the issuance of a warrant to take the alleged violator into custody and bring the minor him before the court. (2) In any case where an order of protection has been entered, the clerk of the court may issue to the petitioner, to the minor or to any other person affected by the order a certificate stating that an order of protection has been made by the court concerning such persons and setting forth its terms and requirements. The presentation of the certificate to any peace officer authorizes the peace officer him to take into custody a person charged with violating the terms of the order of protection, to bring such person before the court and, within the limits of the peace officer's his legal authority as such peace officer, otherwise to aid in securing the protection the order is intended to afford. (Source: P.A. 85-601.) (705 ILCS 405/4-25) (from Ch. 37, par. 804-25) Sec. 4-25. Placement; legal custody or guardianship. (1) If the court finds that the parents, guardian or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor or are unwilling to do so, and that appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions which have led to a finding of unfitness or inability to care for, protect, train or discipline the minor, and that it is in the best interest of the minor to take the minor him from the custody of the minor's his parents, guardian or custodian, the court may: (a) place the minor him in the custody of a suitable relative or other person; (b) place the minor him under the guardianship of a probation officer; (c) commit the minor him to an agency for care or placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services; (d) commit the minor him to some licensed training school or industrial school; or (e) commit the minor him to any appropriate institution having among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Corrections or of the Department of Children and Family Services. (2) When making such placement, the court, wherever possible, shall select a person holding the same religious belief as that of the minor or a private agency controlled by persons of like religious faith of the minor and shall require the Department of Children and Family Services to otherwise comply with Section 7 of the Children and Family Services Act in placing the child. In addition, whenever alternative plans for placement are available, the court shall ascertain and consider, to the extent appropriate in the particular case, the views and preferences of the minor. (3) When a minor is placed with a suitable relative or other person, the court shall appoint the suitable relative or other person him the legal custodian or guardian of the person of the minor. When a minor is committed to any agency, the court shall appoint the proper officer or representative thereof as legal custodian or guardian of the person of the minor. Legal custodians and guardians of the person of the minor have the respective rights and duties set forth in subsection (9) of Section 1-3 except as otherwise provided by order of the court; but no guardian of the person may consent to adoption of the minor unless that authority is conferred upon the guardian him in accordance with Section 4-27. An agency whose representative is appointed guardian of the person or legal custodian of the minor may place the minor him in any child care facility, but such facility must be licensed under the Child Care Act of 1969 or have been approved by the Department of Children and Family Services as meeting the standards established for such licensing. After June 30, 1981, no agency may place a minor, if the minor is under age 13, in a child care facility unless such placement is in compliance with the rules and regulations for placement under Section 4-25 of this Act promulgated by the Department of Children and Family Services under Section 5 of the Children and Family Services Act. Like authority and restrictions shall be conferred by the court upon any probation officer who has been appointed guardian of the person of a minor. (4) No placement by any probation officer or agency whose representative is appointed guardian of the person or legal custodian of a minor may be made in any out of State child care facility unless it complies with the Interstate Compact on the Placement of Children. (5) The clerk of the court shall issue to the legal custodian or guardian of the person a certified copy of the order of the court, as proof of the legal custodian's or