Best interests report juvenile court

Public Act 0193 102ND GENERAL ASSEMBLY

 Public Act 102-0193  
HB1068 EnrolledLRB102 03081 LNS 13094 b
  AN ACT concerning courts.  Be it enacted by the People of the State of Illinois, represented in the General Assembly:   Section 5. The Juvenile Court Act of 1987 is amended by changing Section 2-28 as follows:  (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)  Sec. 2-28. Court review.  (1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite him into court and require him or his agency, to make a full and accurate report of his or its doings in behalf of the minor. The custodian or guardian, within 10 days after such citation, 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 his stead or restore the minor to the custody of his parents or former guardian or custodian. However, custody of the minor shall not be restored to any parent, guardian or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under  
Section 2-4 of this Act, unless the minor can be cared for at 
home without endangering the minor's health or safety and it 
is in the best interests of the minor, and if such neglect, 
abuse, or dependency is found by the court under paragraph (1) 
of Section 2-21 of this Act to have come about due to the acts 
or omissions or both of such parent, guardian or legal 
custodian, until such time as an investigation is made as 
provided in paragraph (5) and a hearing is held on the issue of 
the fitness of such parent, guardian or legal custodian to 
care for the minor and the court enters an order that such 
parent, guardian or legal custodian is fit to care for the 
minor. 
 (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 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 ruled out. 
 (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 he or 
 she cannot be provided for in a home environment due to 
 developmental disabilities or mental illness or because he 
 or she is a danger to self or others, provided that goals 
 (A) through (D) have been deemed inappropriate and not in 
 the child's best interests ruled out. 
 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 ruled out. Where the court has selected 
a permanency goal other than (A), (B), or (B-1), the 
Department of Children and Family Services shall not provide 
further reunification services, 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 ruled out 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 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 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 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 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 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 his or her health or safety and 
it is in the best interest of the minor, and if such neglect, 
abuse, or dependency is found by the court under paragraph (1) 
of Section 2-21 of this Act to have come about due to the acts 
or omissions or both of such parent, guardian or legal 
custodian, until such time as an investigation is made as 
provided in paragraph (5) and a hearing is held on the issue of 
the health, safety and best interest of the minor and the 
fitness of such parent, guardian or legal custodian to care 
for the minor and the court enters an order that such parent, 
guardian or legal custodian is fit to care for the minor. In 
the event that the minor has attained 18 years of age and the 
guardian or custodian petitions the court for an order 
terminating his guardianship or custody, guardianship or 
custody shall terminate automatically 30 days after the 
receipt of the petition unless the court orders otherwise. No 
legal custodian or guardian of the person may be removed 
 
without his consent until given notice and an opportunity to 
be heard by the court. 
 When the court orders a child restored to the custody of 
the parent or parents, the court shall order the parent or 
parents to cooperate with the Department of Children and 
Family Services and comply with the terms of an after-care 
plan, or risk the loss of custody of the child and possible 
termination of their parental rights. The court may also enter 
an order of protective supervision in accordance with Section 
2-24. 
 (5) Whenever a parent, guardian, or legal custodian files 
a motion for restoration of custody of the minor, and the minor 
was adjudicated neglected, abused, or dependent as a result of 
physical abuse, the court shall cause to be made an 
investigation as to whether the movant has ever been charged 
with or convicted of any criminal offense which would indicate 
the likelihood of any further physical abuse to the minor. 
Evidence of such criminal convictions shall be taken into 
account in determining whether the minor can be cared for at 
home without endangering his or her health or safety and 
fitness of the parent, guardian, or legal custodian. 
 (a) Any agency of this State or any subdivision 
 thereof shall co-operate 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. 100-45, eff. 8-11-17; 100-136, eff. 8-18-17; 
100-229, eff. 1-1-18; 100-863, eff. 8-14-18; 100-978, eff. 
8-19-18; 101-63, eff. 10-1-19.) 
 Section 99. Effective date. This Act takes effect upon 
becoming law.