SB1116 Engrossed LRB101 08503 SLF 53580 b
1		AN ACT concerning minors.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Children and Family Services Act is amended
5		by changing Section 5 as follows:
6		(20 ILCS 505/5) (from Ch. 23, par. 5005)
7		Sec. 5. Direct child welfare services; Department of
8		Children and Family Services. To provide direct child welfare
9		services when not available through other public or private
10		child care or program facilities.
11		(a) For purposes of this Section:
12		(1) "Children" means persons found within the State who
13		are under the age of 18 years. The term also includes
14		persons under age 21 who:
15		(A) were committed to the Department pursuant to
16		the Juvenile Court Act or the Juvenile Court Act of
17		1987, as amended, prior to the age of 18 and who
18		continue under the jurisdiction of the court; or
19		(B) were accepted for care, service and training by
20		the Department prior to the age of 18 and whose best
21		interest in the discretion of the Department would be
22		served by continuing that care, service and training
23		because of severe emotional disturbances, physical

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1		disability, social adjustment or any combination
2		thereof, or because of the need to complete an
3		educational or vocational training program.
4		(2) "Homeless youth" means persons found within the
5		State who are under the age of 19, are not in a safe and
6		stable living situation and cannot be reunited with their
7		families.
8		(3) "Child welfare services" means public social
9		services which are directed toward the accomplishment of
10		the following purposes:
11		(A) protecting and promoting the health, safety
12		and welfare of children, including homeless, dependent
13		or neglected children;
14		(B) remedying, or assisting in the solution of
15		problems which may result in, the neglect, abuse,
16		exploitation or delinquency of children;
17		(C) preventing the unnecessary separation of
18		children from their families by identifying family
19		problems, assisting families in resolving their
20		problems, and preventing the breakup of the family
21		where the prevention of child removal is desirable and
22		possible when the child can be cared for at home
23		without endangering the child's health and safety;
24		(D) restoring to their families children who have
25		been removed, by the provision of services to the child
26		and the families when the child can be cared for at

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1		home without endangering the child's health and
2		safety;
3		(E) placing children in suitable adoptive homes,
4		in cases where restoration to the biological family is
5		not safe, possible or appropriate;
6		(F) assuring safe and adequate care of children
7		away from their homes, in cases where the child cannot
8		be returned home or cannot be placed for adoption. At
9		the time of placement, the Department shall consider
10		concurrent planning, as described in subsection (l-1)
11		of this Section so that permanency may occur at the
12		earliest opportunity. Consideration should be given so
13		that if reunification fails or is delayed, the
14		placement made is the best available placement to
15		provide permanency for the child;
16		(G) (blank);
17		(H) (blank); and
18		(I) placing and maintaining children in facilities
19		that provide separate living quarters for children
20		under the age of 18 and for children 18 years of age
21		and older, unless a child 18 years of age is in the
22		last year of high school education or vocational
23		training, in an approved individual or group treatment
24		program, in a licensed shelter facility, or secure
25		child care facility. The Department is not required to
26		place or maintain children:

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1		(i) who are in a foster home, or
2		(ii) who are persons with a developmental
3		disability, as defined in the Mental Health and
4		Developmental Disabilities Code, or
5		(iii) who are female children who are
6		pregnant, pregnant and parenting or parenting, or
7		(iv) who are siblings, in facilities that
8		provide separate living quarters for children 18
9		years of age and older and for children under 18
10		years of age.
11		(b) Nothing in this Section shall be construed to authorize
12		the expenditure of public funds for the purpose of performing
13		abortions.
14		(c) The Department shall establish and maintain
15		tax-supported child welfare services and extend and seek to
16		improve voluntary services throughout the State, to the end
17		that services and care shall be available on an equal basis
18		throughout the State to children requiring such services.
19		(d) The Director may authorize advance disbursements for
20		any new program initiative to any agency contracting with the
21		Department. As a prerequisite for an advance disbursement, the
22		contractor must post a surety bond in the amount of the advance
23		disbursement and have a purchase of service contract approved
24		by the Department. The Department may pay up to 2 months
25		operational expenses in advance. The amount of the advance
26		disbursement shall be prorated over the life of the contract or

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1		the remaining months of the fiscal year, whichever is less, and
2		the installment amount shall then be deducted from future
3		bills. Advance disbursement authorizations for new initiatives
4		shall not be made to any agency after that agency has operated
5		during 2 consecutive fiscal years. The requirements of this
6		Section concerning advance disbursements shall not apply with
7		respect to the following: payments to local public agencies for
8		child day care services as authorized by Section 5a of this
9		Act; and youth service programs receiving grant funds under
10		Section 17a-4.
11		(e) (Blank).
12		(f) (Blank).
13		(g) The Department shall establish rules and regulations
14		concerning its operation of programs designed to meet the goals
15		of child safety and protection, family preservation, family
16		reunification, and adoption, including but not limited to:
17		(1) adoption;
18		(2) foster care;
19		(3) family counseling;
20		(4) protective services;
21		(5) (blank);
22		(6) homemaker service;
23		(7) return of runaway children;
24		(8) (blank);
25		(9) placement under Section 5-7 of the Juvenile Court
26		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile

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1		Court Act of 1987 in accordance with the federal Adoption
2		Assistance and Child Welfare Act of 1980; and
3		(10) interstate services.
4		Rules and regulations established by the Department shall
5		include provisions for training Department staff and the staff
6		of Department grantees, through contracts with other agencies
7		or resources, in screening techniques to identify substance use
8		disorders, as defined in the Substance Use Disorder Act,
9		approved by the Department of Human Services, as a successor to
10		the Department of Alcoholism and Substance Abuse, for the
11		purpose of identifying children and adults who should be
12		referred for an assessment at an organization appropriately
13		licensed by the Department of Human Services for substance use
14		disorder treatment.
15		(h) If the Department finds that there is no appropriate
16		program or facility within or available to the Department for a
17		youth in care and that no licensed private facility has an
18		adequate and appropriate program or none agrees to accept the
19		youth in care, the Department shall create an appropriate
20		individualized, program-oriented plan for such youth in care.
21		The plan may be developed within the Department or through
22		purchase of services by the Department to the extent that it is
23		within its statutory authority to do.
24		(i) Service programs shall be available throughout the
25		State and shall include but not be limited to the following
26		services:

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1		(1) case management;
2		(2) homemakers;
3		(3) counseling;
4		(4) parent education;
5		(5) day care; and
6		(6) emergency assistance and advocacy.
7		In addition, the following services may be made available
8		to assess and meet the needs of children and families:
9		(1) comprehensive family-based services;
10		(2) assessments;
11		(3) respite care; and
12		(4) in-home health services.
13		The Department shall provide transportation for any of the
14		services it makes available to children or families or for
15		which it refers children or families.
16		(j) The Department may provide categories of financial
17		assistance and education assistance grants, and shall
18		establish rules and regulations concerning the assistance and
19		grants, to persons who adopt children with physical or mental
20		disabilities, children who are older, or other hard-to-place
21		children who (i) immediately prior to their adoption were youth
22		in care or (ii) were determined eligible for financial
23		assistance with respect to a prior adoption and who become
24		available for adoption because the prior adoption has been
25		dissolved and the parental rights of the adoptive parents have
26		been terminated or because the child's adoptive parents have

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1		died. The Department may continue to provide financial
2		assistance and education assistance grants for a child who was
3		determined eligible for financial assistance under this
4		subsection (j) in the interim period beginning when the child's
5		adoptive parents died and ending with the finalization of the
6		new adoption of the child by another adoptive parent or
7		parents. The Department may also provide categories of
8		financial assistance and education assistance grants, and
9		shall establish rules and regulations for the assistance and
10		grants, to persons appointed guardian of the person under
11		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
12		4-25, or 5-740 of the Juvenile Court Act of 1987 for children
13		who were youth in care for 12 months immediately prior to the
14		appointment of the guardian.
15		The amount of assistance may vary, depending upon the needs
16		of the child and the adoptive parents, as set forth in the
17		annual assistance agreement. Special purpose grants are
18		allowed where the child requires special service but such costs
19		may not exceed the amounts which similar services would cost
20		the Department if it were to provide or secure them as guardian
21		of the child.
22		Any financial assistance provided under this subsection is
23		inalienable by assignment, sale, execution, attachment,
24		garnishment, or any other remedy for recovery or collection of
25		a judgment or debt.
26		(j-5) The Department shall not deny or delay the placement

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1		of a child for adoption if an approved family is available
2		either outside of the Department region handling the case, or
3		outside of the State of Illinois.
4		(k) The Department shall accept for care and training any
5		child who has been adjudicated neglected or abused, or
6		dependent committed to it pursuant to the Juvenile Court Act or
7		the Juvenile Court Act of 1987.
8		(l) The Department shall offer family preservation
9		services, as defined in Section 8.2 of the Abused and Neglected
10		Child Reporting Act, to help families, including adoptive and
11		extended families. Family preservation services shall be
12		offered (i) to prevent the placement of children in substitute
13		care when the children can be cared for at home or in the
14		custody of the person responsible for the children's welfare,
15		(ii) to reunite children with their families, or (iii) to
16		maintain an adoptive placement. Family preservation services
17		shall only be offered when doing so will not endanger the
18		children's health or safety. With respect to children who are
19		in substitute care pursuant to the Juvenile Court Act of 1987,
20		family preservation services shall not be offered if a goal
21		other than those of subdivisions (A), (B), or (B-1) of
22		subsection (2) of Section 2-28 of that Act has been set, except
23		that reunification services may be offered as provided in
24		paragraph (F) of subsection (2) of Section 2-28 of that Act.
25		Nothing in this paragraph shall be construed to create a
26		private right of action or claim on the part of any individual

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1		or child welfare agency, except that when a child is the
2		subject of an action under Article II of the Juvenile Court Act
3		of 1987 and the child's service plan calls for services to
4		facilitate achievement of the permanency goal, the court
5		hearing the action under Article II of the Juvenile Court Act
6		of 1987 may order the Department to provide the services set
7		out in the plan, if those services are not provided with
8		reasonable promptness and if those services are available.
9		The Department shall notify the child and his family of the
10		Department's responsibility to offer and provide family
11		preservation services as identified in the service plan. The
12		child and his family shall be eligible for services as soon as
13		the report is determined to be "indicated". The Department may
14		offer services to any child or family with respect to whom a
15		report of suspected child abuse or neglect has been filed,
16		prior to concluding its investigation under Section 7.12 of the
17		Abused and Neglected Child Reporting Act. However, the child's
18		or family's willingness to accept services shall not be
19		considered in the investigation. The Department may also
20		provide services to any child or family who is the subject of
21		any report of suspected child abuse or neglect or may refer
22		such child or family to services available from other agencies
23		in the community, even if the report is determined to be
24		unfounded, if the conditions in the child's or family's home
25		are reasonably likely to subject the child or family to future
26		reports of suspected child abuse or neglect. Acceptance of such

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1		services shall be voluntary. The Department may also provide
2		services to any child or family after completion of a family
3		assessment, as an alternative to an investigation, as provided
4		under the "differential response program" provided for in
5		subsection (a-5) of Section 7.4 of the Abused and Neglected
6		Child Reporting Act.
7		The Department may, at its discretion except for those
8		children also adjudicated neglected or dependent, accept for
9		care and training any child who has been adjudicated addicted,
10		as a truant minor in need of supervision or as a minor
11		requiring authoritative intervention, under the Juvenile Court
12		Act or the Juvenile Court Act of 1987, but no such child shall
13		be committed to the Department by any court without the
14		approval of the Department. On and after January 1, 2015 (the
15		effective date of Public Act 98-803) and before January 1,
16		2017, a minor charged with a criminal offense under the
17		Criminal Code of 1961 or the Criminal Code of 2012 or
18		adjudicated delinquent shall not be placed in the custody of or
19		committed to the Department by any court, except (i) a minor
20		less than 16 years of age committed to the Department under
21		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
22		for whom an independent basis of abuse, neglect, or dependency
23		exists, which must be defined by departmental rule, or (iii) a
24		minor for whom the court has granted a supplemental petition to
25		reinstate wardship pursuant to subsection (2) of Section 2-33
26		of the Juvenile Court Act of 1987. On and after January 1,

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1		2017, a minor charged with a criminal offense under the
2		Criminal Code of 1961 or the Criminal Code of 2012 or
3		adjudicated delinquent shall not be placed in the custody of or
4		committed to the Department by any court, except (i) a minor
5		less than 15 years of age committed to the Department under
6		Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
7		for whom an independent basis of abuse, neglect, or dependency
8		exists, which must be defined by departmental rule, or (iii) a
9		minor for whom the court has granted a supplemental petition to
10		reinstate wardship pursuant to subsection (2) of Section 2-33
11		of the Juvenile Court Act of 1987. An independent basis exists
12		when the allegations or adjudication of abuse, neglect, or
13		dependency do not arise from the same facts, incident, or
14		circumstances which give rise to a charge or adjudication of
15		delinquency. The Department shall assign a caseworker to attend
16		any hearing involving a youth in the care and custody of the
17		Department who is placed on aftercare release, including
18		hearings involving sanctions for violation of aftercare
19		release conditions and aftercare release revocation hearings.
20		As soon as is possible after August 7, 2009 (the effective
21		date of Public Act 96-134), the Department shall develop and
22		implement a special program of family preservation services to
23		support intact, foster, and adoptive families who are
24		experiencing extreme hardships due to the difficulty and stress
25		of caring for a child who has been diagnosed with a pervasive
26		developmental disorder if the Department determines that those

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1		services are necessary to ensure the health and safety of the
2		child. The Department may offer services to any family whether
3		or not a report has been filed under the Abused and Neglected
4		Child Reporting Act. The Department may refer the child or
5		family to services available from other agencies in the
6		community if the conditions in the child's or family's home are
7		reasonably likely to subject the child or family to future
8		reports of suspected child abuse or neglect. Acceptance of
9		these services shall be voluntary. The Department shall develop
10		and implement a public information campaign to alert health and
11		social service providers and the general public about these
12		special family preservation services. The nature and scope of
13		the services offered and the number of families served under
14		the special program implemented under this paragraph shall be
15		determined by the level of funding that the Department annually
16		allocates for this purpose. The term "pervasive developmental
17		disorder" under this paragraph means a neurological condition,
18		including but not limited to, Asperger's Syndrome and autism,
19		as defined in the most recent edition of the Diagnostic and
20		Statistical Manual of Mental Disorders of the American
21		Psychiatric Association.
22		(l-1) The legislature recognizes that the best interests of
23		the child require that the child be placed in the most
24		permanent living arrangement as soon as is practically
25		possible. To achieve this goal, the legislature directs the
26		Department of Children and Family Services to conduct

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1		concurrent planning so that permanency may occur at the
2		earliest opportunity. Permanent living arrangements may
3		include prevention of placement of a child outside the home of
4		the family when the child can be cared for at home without
5		endangering the child's health or safety; reunification with
6		the family, when safe and appropriate, if temporary placement
7		is necessary; or movement of the child toward the most
8		permanent living arrangement and permanent legal status.
9		When determining reasonable efforts to be made with respect
10		to a child, as described in this subsection, and in making such
11		reasonable efforts, the child's health and safety shall be the
12		paramount concern.
13		When a child is placed in foster care, the Department shall
14		ensure and document that reasonable efforts were made to
15		prevent or eliminate the need to remove the child from the
16		child's home. The Department must make reasonable efforts to
17		reunify the family when temporary placement of the child occurs
18		unless otherwise required, pursuant to the Juvenile Court Act
19		of 1987. At any time after the dispositional hearing where the
20		Department believes that further reunification services would
21		be ineffective, it may request a finding from the court that
22		reasonable efforts are no longer appropriate. The Department is
23		not required to provide further reunification services after
24		such a finding.
25		A decision to place a child in substitute care shall be
26		made with considerations of the child's health, safety, and

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1		best interests. At the time of placement, consideration should
2		also be given so that if reunification fails or is delayed, the
3		placement made is the best available placement to provide
4		permanency for the child.
5		The Department shall adopt rules addressing concurrent
6		planning for reunification and permanency. The Department
7		shall consider the following factors when determining
8		appropriateness of concurrent planning:
9		(1) the likelihood of prompt reunification;
10		(2) the past history of the family;
11		(3) the barriers to reunification being addressed by
12		the family;
13		(4) the level of cooperation of the family;
14		(5) the foster parents' willingness to work with the
15		family to reunite;
16		(6) the willingness and ability of the foster family to
17		provide an adoptive home or long-term placement;
18		(7) the age of the child;
19		(8) placement of siblings.
20		(m) The Department may assume temporary custody of any
21		child if:
22		(1) it has received a written consent to such temporary
23		custody signed by the parents of the child or by the parent
24		having custody of the child if the parents are not living
25		together or by the guardian or custodian of the child if
26		the child is not in the custody of either parent, or

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1		(2) the child is found in the State and neither a
2		parent, guardian nor custodian of the child can be located.
3		If the child is found in his or her residence without a parent,
4		guardian, custodian or responsible caretaker, the Department
5		may, instead of removing the child and assuming temporary
6		custody, place an authorized representative of the Department
7		in that residence until such time as a parent, guardian or
8		custodian enters the home and expresses a willingness and
9		apparent ability to ensure the child's health and safety and
10		resume permanent charge of the child, or until a relative
11		enters the home and is willing and able to ensure the child's
12		health and safety and assume charge of the child until a
13		parent, guardian or custodian enters the home and expresses
14		such willingness and ability to ensure the child's safety and
15		resume permanent charge. After a caretaker has remained in the
16		home for a period not to exceed 12 hours, the Department must
17		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
18		5-415 of the Juvenile Court Act of 1987.
19		The Department shall have the authority, responsibilities
20		and duties that a legal custodian of the child would have
21		pursuant to subsection (9) of Section 1-3 of the Juvenile Court
22		Act of 1987. Whenever a child is taken into temporary custody
23		pursuant to an investigation under the Abused and Neglected
24		Child Reporting Act, or pursuant to a referral and acceptance
25		under the Juvenile Court Act of 1987 of a minor in limited
26		custody, the Department, during the period of temporary custody

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1		and before the child is brought before a judicial officer as
2		required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
3		Court Act of 1987, shall have the authority, responsibilities
4		and duties that a legal custodian of the child would have under
5		subsection (9) of Section 1-3 of the Juvenile Court Act of
6		1987.
7		The Department shall ensure that any child taken into
8		custody is scheduled for an appointment for a medical
9		examination.
10		A parent, guardian or custodian of a child in the temporary
11		custody of the Department who would have custody of the child
12		if he were not in the temporary custody of the Department may
13		deliver to the Department a signed request that the Department
14		surrender the temporary custody of the child. The Department
15		may retain temporary custody of the child for 10 days after the
16		receipt of the request, during which period the Department may
17		cause to be filed a petition pursuant to the Juvenile Court Act
18		of 1987. If a petition is so filed, the Department shall retain
19		temporary custody of the child until the court orders
20		otherwise. If a petition is not filed within the 10-day period,
21		the child shall be surrendered to the custody of the requesting
22		parent, guardian or custodian not later than the expiration of
23		the 10-day period, at which time the authority and duties of
24		the Department with respect to the temporary custody of the
25		child shall terminate.
26		(m-1) The Department may place children under 18 years of

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1		age in a secure child care facility licensed by the Department
2		that cares for children who are in need of secure living
3		arrangements for their health, safety, and well-being after a
4		determination is made by the facility director and the Director
5		or the Director's designate prior to admission to the facility
6		subject to Section 2-27.1 of the Juvenile Court Act of 1987.
7		This subsection (m-1) does not apply to a child who is subject
8		to placement in a correctional facility operated pursuant to
9		Section 3-15-2 of the Unified Code of Corrections, unless the
10		child is a youth in care who was placed in the care of the
11		Department before being subject to placement in a correctional
12		facility and a court of competent jurisdiction has ordered
13		placement of the child in a secure care facility.
14		(n) The Department may place children under 18 years of age
15		in licensed child care facilities when in the opinion of the
16		Department, appropriate services aimed at family preservation
17		have been unsuccessful and cannot ensure the child's health and
18		safety or are unavailable and such placement would be for their
19		best interest. Payment for board, clothing, care, training and
20		supervision of any child placed in a licensed child care
21		facility may be made by the Department, by the parents or
22		guardians of the estates of those children, or by both the
23		Department and the parents or guardians, except that no
24		payments shall be made by the Department for any child placed
25		in a licensed child care facility for board, clothing, care,
26		training and supervision of such a child that exceed the

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1		average per capita cost of maintaining and of caring for a
2		child in institutions for dependent or neglected children
3		operated by the Department. However, such restriction on
4		payments does not apply in cases where children require
5		specialized care and treatment for problems of severe emotional
6		disturbance, physical disability, social adjustment, or any
7		combination thereof and suitable facilities for the placement
8		of such children are not available at payment rates within the
9		limitations set forth in this Section. All reimbursements for
10		services delivered shall be absolutely inalienable by
11		assignment, sale, attachment, garnishment or otherwise.
12		(n-1) The Department shall provide or authorize child
13		welfare services, aimed at assisting minors to achieve
14		sustainable self-sufficiency as independent adults, for any
15		minor eligible for the reinstatement of wardship pursuant to
16		subsection (2) of Section 2-33 of the Juvenile Court Act of
17		1987, whether or not such reinstatement is sought or allowed,
18		provided that the minor consents to such services and has not
19		yet attained the age of 21. The Department shall have
20		responsibility for the development and delivery of services
21		under this Section. An eligible youth may access services under
22		this Section through the Department of Children and Family
23		Services or by referral from the Department of Human Services.
24		Youth participating in services under this Section shall
25		cooperate with the assigned case manager in developing an
26		agreement identifying the services to be provided and how the

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1		youth will increase skills to achieve self-sufficiency. A
2		homeless shelter is not considered appropriate housing for any
3		youth receiving child welfare services under this Section. The
4		Department shall continue child welfare services under this
5		Section to any eligible minor until the minor becomes 21 years
6		of age, no longer consents to participate, or achieves
7		self-sufficiency as identified in the minor's service plan. The
8		Department of Children and Family Services shall create clear,
9		readable notice of the rights of former foster youth to child
10		welfare services under this Section and how such services may
11		be obtained. The Department of Children and Family Services and
12		the Department of Human Services shall disseminate this
13		information statewide. The Department shall adopt regulations
14		describing services intended to assist minors in achieving
15		sustainable self-sufficiency as independent adults.
16		(o) The Department shall establish an administrative
17		review and appeal process for children and families who request
18		or receive child welfare services from the Department. Youth in
19		care who are placed by private child welfare agencies, and
20		foster families with whom those youth are placed, shall be
21		afforded the same procedural and appeal rights as children and
22		families in the case of placement by the Department, including
23		the right to an initial review of a private agency decision by
24		that agency. The Department shall ensure that any private child
25		welfare agency, which accepts youth in care for placement,
26		affords those rights to children and foster families. The

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1		Department shall accept for administrative review and an appeal
2		hearing a complaint made by (i) a child or foster family
3		concerning a decision following an initial review by a private
4		child welfare agency or (ii) a prospective adoptive parent who
5		alleges a violation of subsection (j-5) of this Section. An
6		appeal of a decision concerning a change in the placement of a
7		child shall be conducted in an expedited manner. A court
8		determination that a current foster home placement is necessary
9		and appropriate under Section 2-28 of the Juvenile Court Act of
10		1987 does not constitute a judicial determination on the merits
11		of an administrative appeal, filed by a former foster parent,
12		involving a change of placement decision.
13		(p) (Blank).
14		(q) The Department may receive and use, in their entirety,
15		for the benefit of children any gift, donation or bequest of
16		money or other property which is received on behalf of such
17		children, or any financial benefits to which such children are
18		or may become entitled while under the jurisdiction or care of
19		the Department.
20		The Department shall set up and administer no-cost,
21		interest-bearing accounts in appropriate financial
22		institutions for children for whom the Department is legally
23		responsible and who have been determined eligible for Veterans'
24		Benefits, Social Security benefits, assistance allotments from
25		the armed forces, court ordered payments, parental voluntary
26		payments, Supplemental Security Income, Railroad Retirement

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1		payments, Black Lung benefits, or other miscellaneous
2		payments. Interest earned by each account shall be credited to
3		the account, unless disbursed in accordance with this
4		subsection.
5		In disbursing funds from children's accounts, the
6		Department shall:
7		(1) Establish standards in accordance with State and
8		federal laws for disbursing money from children's
9		accounts. In all circumstances, the Department's
10		"Guardianship Administrator" or his or her designee must
11		approve disbursements from children's accounts. The
12		Department shall be responsible for keeping complete
13		records of all disbursements for each account for any
14		purpose.
15		(2) Calculate on a monthly basis the amounts paid from
16		State funds for the child's board and care, medical care
17		not covered under Medicaid, and social services; and
18		utilize funds from the child's account, as covered by
19		regulation, to reimburse those costs. Monthly,
20		disbursements from all children's accounts, up to 1/12 of
21		$13,000,000, shall be deposited by the Department into the
22		General Revenue Fund and the balance over 1/12 of
23		$13,000,000 into the DCFS Children's Services Fund.
24		(3) Maintain any balance remaining after reimbursing
25		for the child's costs of care, as specified in item (2).
26		The balance shall accumulate in accordance with relevant

SB1116 Engrossed - 23 - LRB101 08503 SLF 53580 b
1		State and federal laws and shall be disbursed to the child
2		or his or her guardian, or to the issuing agency.
3		(r) The Department shall promulgate regulations
4		encouraging all adoption agencies to voluntarily forward to the
5		Department or its agent names and addresses of all persons who
6		have applied for and have been approved for adoption of a
7		hard-to-place child or child with a disability and the names of
8		such children who have not been placed for adoption. A list of
9		such names and addresses shall be maintained by the Department
10		or its agent, and coded lists which maintain the
11		confidentiality of the person seeking to adopt the child and of
12		the child shall be made available, without charge, to every
13		adoption agency in the State to assist the agencies in placing
14		such children for adoption. The Department may delegate to an
15		agent its duty to maintain and make available such lists. The
16		Department shall ensure that such agent maintains the
17		confidentiality of the person seeking to adopt the child and of
18		the child.
19		(s) The Department of Children and Family Services may
20		establish and implement a program to reimburse Department and
21		private child welfare agency foster parents licensed by the
22		Department of Children and Family Services for damages
23		sustained by the foster parents as a result of the malicious or
24		negligent acts of foster children, as well as providing third
25		party coverage for such foster parents with regard to actions
26		of foster children to other individuals. Such coverage will be

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1		secondary to the foster parent liability insurance policy, if
2		applicable. The program shall be funded through appropriations
3		from the General Revenue Fund, specifically designated for such
4		purposes.
5		(t) The Department shall perform home studies and
6		investigations and shall exercise supervision over visitation
7		as ordered by a court pursuant to the Illinois Marriage and
8		Dissolution of Marriage Act or the Adoption Act only if:
9		(1) an order entered by an Illinois court specifically
10		directs the Department to perform such services; and
11		(2) the court has ordered one or both of the parties to
12		the proceeding to reimburse the Department for its
13		reasonable costs for providing such services in accordance
14		with Department rules, or has determined that neither party
15		is financially able to pay.
16		The Department shall provide written notification to the
17		court of the specific arrangements for supervised visitation
18		and projected monthly costs within 60 days of the court order.
19		The Department shall send to the court information related to
20		the costs incurred except in cases where the court has
21		determined the parties are financially unable to pay. The court
22		may order additional periodic reports as appropriate.
23		(u) In addition to other information that must be provided,
24		whenever the Department places a child with a prospective
25		adoptive parent or parents or in a licensed foster home, group
26		home, child care institution, or in a relative home, the

SB1116 Engrossed - 25 - LRB101 08503 SLF 53580 b
1		Department shall provide to the prospective adoptive parent or
2		parents or other caretaker:
3		(1) available detailed information concerning the
4		child's educational and health history, copies of
5		immunization records (including insurance and medical card
6		information), a history of the child's previous
7		placements, if any, and reasons for placement changes
8		excluding any information that identifies or reveals the
9		location of any previous caretaker;
10		(2) a copy of the child's portion of the client service
11		plan, including any visitation arrangement, and all
12		amendments or revisions to it as related to the child; and
13		(3) information containing details of the child's
14		individualized educational plan when the child is
15		receiving special education services.
16		The caretaker shall be informed of any known social or
17		behavioral information (including, but not limited to,
18		criminal background, fire setting, perpetuation of sexual
19		abuse, destructive behavior, and substance abuse) necessary to
20		care for and safeguard the children to be placed or currently
21		in the home. The Department may prepare a written summary of
22		the information required by this paragraph, which may be
23		provided to the foster or prospective adoptive parent in
24		advance of a placement. The foster or prospective adoptive
25		parent may review the supporting documents in the child's file
26		in the presence of casework staff. In the case of an emergency

SB1116 Engrossed - 26 - LRB101 08503 SLF 53580 b
1		placement, casework staff shall at least provide known
2		information verbally, if necessary, and must subsequently
3		provide the information in writing as required by this
4		subsection.
5		The information described in this subsection shall be
6		provided in writing. In the case of emergency placements when
7		time does not allow prior review, preparation, and collection
8		of written information, the Department shall provide such
9		information as it becomes available. Within 10 business days
10		after placement, the Department shall obtain from the
11		prospective adoptive parent or parents or other caretaker a
12		signed verification of receipt of the information provided.
13		Within 10 business days after placement, the Department shall
14		provide to the child's guardian ad litem a copy of the
15		information provided to the prospective adoptive parent or
16		parents or other caretaker. The information provided to the
17		prospective adoptive parent or parents or other caretaker shall
18		be reviewed and approved regarding accuracy at the supervisory
19		level.
20		(u-5) Effective July 1, 1995, only foster care placements
21		licensed as foster family homes pursuant to the Child Care Act
22		of 1969 shall be eligible to receive foster care payments from
23		the Department. Relative caregivers who, as of July 1, 1995,
24		were approved pursuant to approved relative placement rules
25		previously promulgated by the Department at 89 Ill. Adm. Code
26		335 and had submitted an application for licensure as a foster

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1		family home may continue to receive foster care payments only
2		until the Department determines that they may be licensed as a
3		foster family home or that their application for licensure is
4		denied or until September 30, 1995, whichever occurs first.
5		(v) The Department shall access criminal history record
6		information as defined in the Illinois Uniform Conviction
7		Information Act and information maintained in the adjudicatory
8		and dispositional record system as defined in Section 2605-355
9		of the Department of State Police Law (20 ILCS 2605/2605-355)
10		if the Department determines the information is necessary to
11		perform its duties under the Abused and Neglected Child
12		Reporting Act, the Child Care Act of 1969, and the Children and
13		Family Services Act. The Department shall provide for
14		interactive computerized communication and processing
15		equipment that permits direct on-line communication with the
16		Department of State Police's central criminal history data
17		repository. The Department shall comply with all certification
18		requirements and provide certified operators who have been
19		trained by personnel from the Department of State Police. In
20		addition, one Office of the Inspector General investigator
21		shall have training in the use of the criminal history
22		information access system and have access to the terminal. The
23		Department of Children and Family Services and its employees
24		shall abide by rules and regulations established by the
25		Department of State Police relating to the access and
26		dissemination of this information.

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1		(v-1) Prior to final approval for placement of a child, the
2		Department shall conduct a criminal records background check of
3		the prospective foster or adoptive parent, including
4		fingerprint-based checks of national crime information
5		databases. Final approval for placement shall not be granted if
6		the record check reveals a felony conviction for child abuse or
7		neglect, for spousal abuse, for a crime against children, or
8		for a crime involving violence, including rape, sexual assault,
9		or homicide, but not including other physical assault or
10		battery, or if there is a felony conviction for physical
11		assault, battery, or a drug-related offense committed within
12		the past 5 years.
13		(v-2) Prior to final approval for placement of a child, the
14		Department shall check its child abuse and neglect registry for
15		information concerning prospective foster and adoptive
16		parents, and any adult living in the home. If any prospective
17		foster or adoptive parent or other adult living in the home has
18		resided in another state in the preceding 5 years, the
19		Department shall request a check of that other state's child
20		abuse and neglect registry.
21		(w) Within 120 days of August 20, 1995 (the effective date
22		of Public Act 89-392), the Department shall prepare and submit
23		to the Governor and the General Assembly, a written plan for
24		the development of in-state licensed secure child care
25		facilities that care for children who are in need of secure
26		living arrangements for their health, safety, and well-being.

SB1116 Engrossed - 29 - LRB101 08503 SLF 53580 b
1		For purposes of this subsection, secure care facility shall
2		mean a facility that is designed and operated to ensure that
3		all entrances and exits from the facility, a building or a
4		distinct part of the building, are under the exclusive control
5		of the staff of the facility, whether or not the child has the
6		freedom of movement within the perimeter of the facility,
7		building, or distinct part of the building. The plan shall
8		include descriptions of the types of facilities that are needed
9		in Illinois; the cost of developing these secure care
10		facilities; the estimated number of placements; the potential
11		cost savings resulting from the movement of children currently
12		out-of-state who are projected to be returned to Illinois; the
13		necessary geographic distribution of these facilities in
14		Illinois; and a proposed timetable for development of such
15		facilities.
16		(x) The Department shall conduct annual credit history
17		checks to determine the financial history of children placed
18		under its guardianship pursuant to the Juvenile Court Act of
19		1987. The Department shall conduct such credit checks starting
20		when a youth in care turns 12 years old and each year
21		thereafter for the duration of the guardianship as terminated
22		pursuant to the Juvenile Court Act of 1987. The Department
23		shall determine if financial exploitation of the child's
24		personal information has occurred. If financial exploitation
25		appears to have taken place or is presently ongoing, the
26		Department shall notify the proper law enforcement agency, the

SB1116 Engrossed - 30 - LRB101 08503 SLF 53580 b
1		proper State's Attorney, or the Attorney General.
2		(y) Beginning on July 22, 2010 (the effective date of
3		Public Act 96-1189), a child with a disability who receives
4		residential and educational services from the Department shall
5		be eligible to receive transition services in accordance with
6		Article 14 of the School Code from the age of 14.5 through age
7		21, inclusive, notwithstanding the child's residential
8		services arrangement. For purposes of this subsection, "child
9		with a disability" means a child with a disability as defined
10		by the federal Individuals with Disabilities Education
11		Improvement Act of 2004.
12		(z) The Department shall access criminal history record
13		information as defined as "background information" in this
14		subsection and criminal history record information as defined
15		in the Illinois Uniform Conviction Information Act for each
16		Department employee or Department applicant. Each Department
17		employee or Department applicant shall submit his or her
18		fingerprints to the Department of State Police in the form and
19		manner prescribed by the Department of State Police. These
20		fingerprints shall be checked against the fingerprint records
21		now and hereafter filed in the Department of State Police and
22		the Federal Bureau of Investigation criminal history records
23		databases. The Department of State Police shall charge a fee
24		for conducting the criminal history record check, which shall
25		be deposited into the State Police Services Fund and shall not
26		exceed the actual cost of the record check. The Department of

SB1116 Engrossed - 31 - LRB101 08503 SLF 53580 b
1		State Police shall furnish, pursuant to positive
2		identification, all Illinois conviction information to the
3		Department of Children and Family Services.
4		For purposes of this subsection:
5		"Background information" means all of the following:
6		(i) Upon the request of the Department of Children and
7		Family Services, conviction information obtained from the
8		Department of State Police as a result of a
9		fingerprint-based criminal history records check of the
10		Illinois criminal history records database and the Federal
11		Bureau of Investigation criminal history records database
12		concerning a Department employee or Department applicant.
13		(ii) Information obtained by the Department of
14		Children and Family Services after performing a check of
15		the Department of State Police's Sex Offender Database, as
16		authorized by Section 120 of the Sex Offender Community
17		Notification Law, concerning a Department employee or
18		Department applicant.
19		(iii) Information obtained by the Department of
20		Children and Family Services after performing a check of
21		the Child Abuse and Neglect Tracking System (CANTS)
22		operated and maintained by the Department.
23		"Department employee" means a full-time or temporary
24		employee coded or certified within the State of Illinois
25		Personnel System.
26		"Department applicant" means an individual who has

SB1116 Engrossed - 32 - LRB101 08503 SLF 53580 b
1		conditional Department full-time or part-time work, a
2		contractor, an individual used to replace or supplement staff,
3		an academic intern, a volunteer in Department offices or on
4		Department contracts, a work-study student, an individual or
5		entity licensed by the Department, or an unlicensed service
6		provider who works as a condition of a contract or an agreement
7		and whose work may bring the unlicensed service provider into
8		contact with Department clients or client records.
9		(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
10		100-159, eff. 8-18-17; 100-522, eff. 9-22-17; 100-759, eff.
11		1-1-19; 100-863, eff. 8-14-18; 100-978, eff. 8-19-18; revised
12		10-3-18.)
13		Section 10. The Juvenile Court Act of 1987 is amended by
14		changing Sections 2-3, 2-4, 2-23, 2-27, and 5-710 as follows:
15		(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
16		Sec. 2-3. Neglected or abused minor.
17		(1) Those who are neglected include:
18		(a) any minor under 18 years of age or a minor 18 years
19		of age or older for whom the court has made a finding of
20		probable cause to believe that the minor is abused,
21		neglected, or dependent under subsection (1) of Section
22		2-10 prior to the minor's 18th birthday who is not
23		receiving the proper or necessary support, education as
24		required by law, or medical or other remedial care

SB1116 Engrossed - 33 - LRB101 08503 SLF 53580 b
1		recognized under State law as necessary for a minor's
2		well-being, or other care necessary for his or her
3		well-being, including adequate food, clothing and shelter,
4		or who is abandoned by his or her parent or parents or
5		other person or persons responsible for the minor's
6		welfare, except that a minor shall not be considered
7		neglected for the sole reason that the minor's parent or
8		parents or other person or persons responsible for the
9		minor's welfare have left the minor in the care of an adult
10		relative for any period of time, who the parent or parents
11		or other person responsible for the minor's welfare know is
12		both a mentally capable adult relative and physically
13		capable adult relative, as defined by this Act; or
14		(b) any minor under 18 years of age or a minor 18 years
15		of age or older for whom the court has made a finding of
16		probable cause to believe that the minor is abused,
17		neglected, or dependent under subsection (1) of Section
18		2-10 prior to the minor's 18th birthday whose environment
19		is injurious to his or her welfare; or
20		(c) any newborn infant whose blood, urine, or meconium
21		contains any amount of a controlled substance as defined in
22		subsection (f) of Section 102 of the Illinois Controlled
23		Substances Act, as now or hereafter amended, or a
24		metabolite of a controlled substance, with the exception of
25		controlled substances or metabolites of such substances,
26		the presence of which in the newborn infant is the result

SB1116 Engrossed - 34 - LRB101 08503 SLF 53580 b
1		of medical treatment administered to the mother or the
2		newborn infant; or
3		(d) any minor under the age of 14 years whose parent or
4		other person responsible for the minor's welfare leaves the
5		minor without supervision for an unreasonable period of
6		time without regard for the mental or physical health,
7		safety, or welfare of that minor; or
8		(e) any minor who has been provided with interim crisis
9		intervention services under Section 3-5 of this Act and
10		whose parent, guardian, or custodian refuses to permit the
11		minor to return home unless the minor is an immediate
12		physical danger to himself, herself, or others living in
13		the home.
14		Whether the minor was left without regard for the mental or
15		physical health, safety, or welfare of that minor or the period
16		of time was unreasonable shall be determined by considering the
17		following factors, including but not limited to:
18		(1) the age of the minor;
19		(2) the number of minors left at the location;
20		(3) special needs of the minor, including whether the
21		minor is a person with a physical or mental disability, or
22		otherwise in need of ongoing prescribed medical treatment
23		such as periodic doses of insulin or other medications;
24		(4) the duration of time in which the minor was left
25		without supervision;
26		(5) the condition and location of the place where the

SB1116 Engrossed - 35 - LRB101 08503 SLF 53580 b
1		minor was left without supervision;
2		(6) the time of day or night when the minor was left
3		without supervision;
4		(7) the weather conditions, including whether the
5		minor was left in a location with adequate protection from
6		the natural elements such as adequate heat or light;
7		(8) the location of the parent or guardian at the time
8		the minor was left without supervision, the physical
9		distance the minor was from the parent or guardian at the
10		time the minor was without supervision;
11		(9) whether the minor's movement was restricted, or the
12		minor was otherwise locked within a room or other
13		structure;
14		(10) whether the minor was given a phone number of a
15		person or location to call in the event of an emergency and
16		whether the minor was capable of making an emergency call;
17		(11) whether there was food and other provision left
18		for the minor;
19		(12) whether any of the conduct is attributable to
20		economic hardship or illness and the parent, guardian or
21		other person having physical custody or control of the
22		child made a good faith effort to provide for the health
23		and safety of the minor;
24		(13) the age and physical and mental capabilities of
25		the person or persons who provided supervision for the
26		minor;

SB1116 Engrossed - 36 - LRB101 08503 SLF 53580 b
1		(14) whether the minor was left under the supervision
2		of another person;
3		(15) any other factor that would endanger the health
4		and safety of that particular minor.
5		A minor shall not be considered neglected for the sole
6		reason that the minor has been relinquished in accordance with
7		the Abandoned Newborn Infant Protection Act.
8		(2) Those who are abused include any minor under 18 years
9		of age or a minor 18 years of age or older for whom the court
10		has made a finding of probable cause to believe that the minor
11		is abused, neglected, or dependent under subsection (1) of
12		Section 2-10 prior to the minor's 18th birthday whose parent or
13		immediate family member, or any person responsible for the
14		minor's welfare, or any person who is in the same family or
15		household as the minor, or any individual residing in the same
16		home as the minor, or a paramour of the minor's parent:
17		(i) inflicts, causes to be inflicted, or allows to be
18		inflicted upon such minor 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		(ii) creates a substantial risk of physical injury to
23		such minor by other than accidental means which would be
24		likely to cause death, disfigurement, impairment of
25		emotional health, or loss or impairment of any bodily
26		function;

SB1116 Engrossed - 37 - LRB101 08503 SLF 53580 b
1		(iii) commits or allows to be committed any sex offense
2		against such minor, as such sex offenses are defined in the
3		Criminal Code of 1961 or the Criminal Code of 2012, or in
4		the Wrongs to Children Act, and extending those definitions
5		of sex offenses to include minors under 18 years of age;
6		(iv) commits or allows to be committed an act or acts
7		of torture upon such minor;
8		(v) inflicts excessive corporal punishment;
9		(vi) commits or allows to be committed the offense of
10		involuntary servitude, involuntary sexual servitude of a
11		minor, or trafficking in persons as defined in Section 10-9
12		of the Criminal Code of 1961 or the Criminal Code of 2012,
13		upon such minor; or
14		(vii) allows, encourages or requires a minor to commit
15		any act of prostitution, as defined in the Criminal Code of
16		1961 or the Criminal Code of 2012, and extending those
17		definitions to include minors under 18 years of age.
18		A minor shall not be considered abused for the sole reason
19		that the minor has been relinquished in accordance with the
20		Abandoned Newborn Infant Protection Act.
21		(3) This Section does not apply to a minor who would be
22		included herein solely for the purpose of qualifying for
23		financial assistance for himself, his parents, guardian or
24		custodian.
25		(4) The changes made by this amendatory Act of the 101st
26		General Assembly apply to a case that is pending on or after

SB1116 Engrossed - 38 - LRB101 08503 SLF 53580 b
1		the effective date of this amendatory Act of the 101st General
2		Assembly.
3		(Source: P.A. 99-143, eff. 7-27-15.)
4		(705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
5		Sec. 2-4. Dependent minor.
6		(1) Those who are dependent include any minor under 18
7		years of age or a minor 18 years of age or older for whom the
8		court has made a finding of probable cause to believe that the
9		minor is abused, neglected, or dependent under subsection (1)
10		of Section 2-10 prior to the minor's 18th birthday:
11		(a) who is without a parent, guardian or legal
12		custodian;
13		(b) who is without proper care because of the physical
14		or mental disability of his parent, guardian or custodian;
15		(c) who is without proper medical or other remedial
16		care recognized under State law or other care necessary for
17		his or her well being through no fault, neglect or lack of
18		concern by his parents, guardian or custodian, provided
19		that no order may be made terminating parental rights, nor
20		may a minor be removed from the custody of his or her
21		parents for longer than 6 months, pursuant to an
22		adjudication as a dependent minor under this subdivision
23		(c), unless it is found to be in his or her best interest
24		by the court or the case automatically closes as provided
25		under Section 2-31 of this Act; or

SB1116 Engrossed - 39 - LRB101 08503 SLF 53580 b
1		(d) who has a parent, guardian or legal custodian who
2		with good cause wishes to be relieved of all residual
3		parental rights and responsibilities, guardianship or
4		custody, and who desires the appointment of a guardian of
5		the person with power to consent to the adoption of the
6		minor under Section 2-29.
7		(2) This Section does not apply to a minor who would be
8		included herein solely for the purpose of qualifying for
9		financial assistance for himself, his parent or parents,
10		guardian or custodian or to a minor solely because his or her
11		parent or parents or guardian has left the minor for any period
12		of time in the care of an adult relative, who the parent or
13		parents or guardian know is both a mentally capable adult
14		relative and physically capable adult relative, as defined by
15		this Act.
16		(3) The changes made by this amendatory Act of the 101st
17		General Assembly apply to a case that is pending on or after
18		the effective date of this amendatory Act of the 101st General
19		Assembly.
20		(Source: P.A. 96-168, eff. 8-10-09.)
21		(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
22		Sec. 2-23. Kinds of dispositional orders.
23		(1) The following kinds of orders of disposition may be
24		made in respect of wards of the court:
25		(a) A minor under 18 years of age found to be neglected

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1		or abused under Section 2-3 or dependent under Section 2-4
2		may be (1) continued in the custody of his or her parents,
3		guardian or legal custodian; (2) placed in accordance with
4		Section 2-27; (3) restored to the custody of the parent,
5		parents, guardian, or legal custodian, provided the court
6		shall order the parent, parents, guardian, or legal
7		custodian to cooperate with the Department of Children and
8		Family Services and comply with the terms of an after-care
9		plan or risk the loss of custody of the child and the
10		possible termination of their parental rights; or (4)
11		ordered partially or completely emancipated in accordance
12		with the provisions of the Emancipation of Minors Act.
13		However, in any case in which a minor is found by the
14		court to be neglected or abused under Section 2-3 of this
15		Act, custody of the minor shall not be restored to any
16		parent, guardian or legal custodian whose acts or omissions
17		or both have been identified, pursuant to subsection (1) of
18		Section 2-21, as forming the basis for the court's finding
19		of abuse or neglect, until such time as a hearing is held
20		on the issue of the best interests of the minor and the
21		fitness of such parent, guardian or legal custodian to care
22		for the minor without endangering the minor's health or
23		safety, and the court enters an order that such parent,
24		guardian or legal custodian is fit to care for the minor.
25		(b) A minor under 18 years of age found to be dependent
26		under Section 2-4 may be (1) placed in accordance with

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1		Section 2-27 or (2) ordered partially or completely
2		emancipated in accordance with the provisions of the
3		Emancipation of Minors Act.
4		However, in any case in which a minor is found by the
5		court to be dependent under Section 2-4 of this Act,
6		custody of the minor shall not be restored to any parent,
7		guardian or legal custodian whose acts or omissions or both
8		have been identified, pursuant to subsection (1) of Section
9		2-21, as forming the basis for the court's finding of
10		dependency, until such time as a hearing is held on the
11		issue of the fitness of such parent, guardian or legal
12		custodian to care for the minor without endangering the
13		minor's health or safety, and the court enters an order
14		that such parent, guardian or legal custodian is fit to
15		care for the minor.
16		(b-1) A minor between the ages of 18 and 21 may be
17		placed pursuant to Section 2-27 of this Act if (1) the
18		court has granted a supplemental petition to reinstate
19		wardship of the minor pursuant to subsection (2) of Section
20		2-33, (2) the court has adjudicated the minor a ward of the
21		court, permitted the minor to return home under an order of
22		protection, and subsequently made a finding that it is in
23		the minor's best interest to vacate the order of protection
24		and commit the minor to the Department of Children and
25		Family Services for care and service, or (3) the court
26		returned the minor to the custody of the respondent under

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1		Section 2-4b of this Act without terminating the
2		proceedings under Section 2-31 of this Act, and
3		subsequently made a finding that it is in the minor's best
4		interest to commit the minor to the Department of Children
5		and Family Services for care and services.
6		(c) When the court awards guardianship to the
7		Department of Children and Family Services, the court shall
8		order the parents to cooperate with the Department of
9		Children and Family Services, comply with the terms of the
10		service plans, and correct the conditions that require the
11		child to be in care, or risk termination of their parental
12		rights.
13		(2) Any order of disposition may provide for protective
14		supervision under Section 2-24 and may include an order of
15		protection under Section 2-25.
16		Unless the order of disposition expressly so provides, it
17		does not operate to close proceedings on the pending petition,
18		but is subject to modification, not inconsistent with Section
19		2-28, until final closing and discharge of the proceedings
20		under Section 2-31.
21		(3) The court also shall enter any other orders necessary
22		to fulfill the service plan, including, but not limited to, (i)
23		orders requiring parties to cooperate with services, (ii)
24		restraining orders controlling the conduct of any party likely
25		to frustrate the achievement of the goal, and (iii) visiting
26		orders. When the child is placed separately from a sibling, the

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1		court shall review the Sibling Contact Support Plan developed
2		under subsection (f) of Section 7.4 of the Children and Family
3		Services Act, if applicable. If the Department has not convened
4		a meeting to develop a Sibling Contact Support Plan, or if the
5		court finds that the existing Plan is not in the child's best
6		interest, the court may enter an order requiring the Department
7		to develop and implement a Sibling Contact Support Plan under
8		subsection (f) of Section 7.4 of the Children and Family
9		Services Act or order mediation. Unless otherwise specifically
10		authorized by law, the court is not empowered under this
11		subsection (3) to order specific placements, specific
12		services, or specific service providers to be included in the
13		plan. If, after receiving evidence, the court determines that
14		the services contained in the plan are not reasonably
15		calculated to facilitate achievement of the permanency goal,
16		the court shall put in writing the factual basis supporting the
17		determination and enter specific findings based on the
18		evidence. The court also shall enter an order for the
19		Department to develop and implement a new service plan or to
20		implement changes to the current service plan consistent with
21		the court's findings. The new service plan shall be filed with
22		the court and served on all parties within 45 days after the
23		date of the order. The court shall continue the matter until
24		the new service plan is filed. Except as authorized by
25		subsection (3.5) of this Section or authorized by law, the
26		court is not empowered under this Section to order specific

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1		placements, specific services, or specific service providers
2		to be included in the service plan.
3		(3.5) If, after reviewing the evidence, including evidence
4		from the Department, the court determines that the minor's
5		current or planned placement is not necessary or appropriate to
6		facilitate achievement of the permanency goal, the court shall
7		put in writing the factual basis supporting its determination
8		and enter specific findings based on the evidence. If the court
9		finds that the minor's current or planned placement is not
10		necessary or appropriate, the court may enter an order
11		directing the Department to implement a recommendation by the
12		minor's treating clinician or a clinician contracted by the
13		Department to evaluate the minor or a recommendation made by
14		the Department. If the Department places a minor in a placement
15		under an order entered under this subsection (3.5), the
16		Department has the authority to remove the minor from that
17		placement when a change in circumstances necessitates the
18		removal to protect the minor's health, safety, and best
19		interest. If the Department determines removal is necessary,
20		the Department shall notify the parties of the planned
21		placement change in writing no later than 10 days prior to the
22		implementation of its determination unless remaining in the
23		placement poses an imminent risk of harm to the minor, in which
24		case the Department shall notify the parties of the placement
25		change in writing immediately following the implementation of
26		its decision. The Department shall notify others of the

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1		decision to change the minor's placement as required by
2		Department rule.
3		(4) In addition to any other order of disposition, the
4		court may order any minor adjudicated neglected with respect to
5		his or her own injurious behavior to make restitution, in
6		monetary or non-monetary form, under the terms and conditions
7		of Section 5-5-6 of the Unified Code of Corrections, except
8		that the "presentence hearing" referred to therein shall be the
9		dispositional hearing for purposes of this Section. The parent,
10		guardian or legal custodian of the minor may pay some or all of
11		such restitution on the minor's behalf.
12		(5) Any order for disposition where the minor is committed
13		or placed in accordance with Section 2-27 shall provide for the
14		parents or guardian of the estate of such minor to pay to the
15		legal custodian or guardian of the person of the minor such
16		sums as are determined by the custodian or guardian of the
17		person of the minor as necessary for the minor's needs. Such
18		payments may not exceed the maximum amounts provided for by
19		Section 9.1 of the Children and Family Services Act.
20		(6) Whenever the order of disposition requires the minor to
21		attend school or participate in a program of training, the
22		truant officer or designated school official shall regularly
23		report to the court if the minor is a chronic or habitual
24		truant under Section 26-2a of the School Code.
25		(7) The court may terminate the parental rights of a parent
26		at the initial dispositional hearing if all of the conditions

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1		in subsection (5) of Section 2-21 are met.
2		(Source: P.A. 100-45, eff. 8-11-17; 100-978, eff. 8-19-18.)
3		(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
4		Sec. 2-27. Placement; legal custody or guardianship.
5		(1) If the court determines and puts in writing the factual
6		basis supporting the determination of whether the parents,
7		guardian, or legal custodian of a minor adjudged a ward of the
8		court are unfit or are unable, for some reason other than
9		financial circumstances alone, to care for, protect, train or
10		discipline the minor or are unwilling to do so, and that the
11		health, safety, and best interest of the minor will be
12		jeopardized if the minor remains in the custody of his or her
13		parents, guardian or custodian, the court may at this hearing
14		and at any later point:
15		(a) place the minor in the custody of a suitable
16		relative or other person as legal custodian or guardian;
17		(a-5) with the approval of the Department of Children
18		and Family Services, place the minor in the subsidized
19		guardianship of a suitable relative or other person as
20		legal guardian; "subsidized guardianship" means a private
21		guardianship arrangement for children for whom the
22		permanency goals of return home and adoption have been
23		ruled out and who meet the qualifications for subsidized
24		guardianship as defined by the Department of Children and
25		Family Services in administrative rules;

SB1116 Engrossed - 47 - LRB101 08503 SLF 53580 b
1		(b) place the minor under the guardianship of a
2		probation officer;
3		(c) commit the minor to an agency for care or
4		placement, except an institution under the authority of the
5		Department of Corrections or of the Department of Children
6		and Family Services;
7		(d) on and after the effective date of this amendatory
8		Act of the 98th General Assembly and before January 1,
9		2017, commit the minor to the Department of Children and
10		Family Services for care and service; however, a minor
11		charged with a criminal offense under the Criminal Code of
12		1961 or the Criminal Code of 2012 or adjudicated delinquent
13		shall not be placed in the custody of or committed to the
14		Department of Children and Family Services by any court,
15		except (i) a minor less than 16 years of age and committed
16		to the Department of Children and Family Services under
17		Section 5-710 of this Act, (ii) a minor under the age of 18
18		for whom an independent basis of abuse, neglect, or
19		dependency exists, or (iii) a minor for whom the court has
20		granted a supplemental petition to reinstate wardship
21		pursuant to subsection (2) of Section 2-33 of this Act. On
22		and after January 1, 2017, commit the minor to the
23		Department of Children and Family Services for care and
24		service; however, a minor charged with a criminal offense
25		under the Criminal Code of 1961 or the Criminal Code of
26		2012 or adjudicated delinquent shall not be placed in the

SB1116 Engrossed - 48 - LRB101 08503 SLF 53580 b
1		custody of or committed to the Department of Children and
2		Family Services by any court, except (i) a minor less than
3		15 years of age and committed to the Department of Children
4		and Family Services under Section 5-710 of this Act, (ii) a
5		minor under the age of 18 for whom an independent basis of
6		abuse, neglect, or dependency exists, or (iii) a minor for
7		whom the court has granted a supplemental petition to
8		reinstate wardship pursuant to subsection (2) of Section
9		2-33 of this Act. An independent basis exists when the
10		allegations or adjudication of abuse, neglect, or
11		dependency do not arise from the same facts, incident, or
12		circumstances which give rise to a charge or adjudication
13		of delinquency. The Department shall be given due notice of
14		the pendency of the action and the Guardianship
15		Administrator of the Department of Children and Family
16		Services shall be appointed guardian of the person of the
17		minor. Whenever the Department seeks to discharge a minor
18		from its care and service, the Guardianship Administrator
19		shall petition the court for an order terminating
20		guardianship. The Guardianship Administrator may designate
21		one or more other officers of the Department, appointed as
22		Department officers by administrative order of the
23		Department Director, authorized to affix the signature of
24		the Guardianship Administrator to documents affecting the
25		guardian-ward relationship of children for whom he or she
26		has been appointed guardian at such times as he or she is

SB1116 Engrossed - 49 - LRB101 08503 SLF 53580 b
1		unable to perform the duties of his or her office. The
2		signature authorization shall include but not be limited to
3		matters of consent of marriage, enlistment in the armed
4		forces, legal proceedings, adoption, major medical and
5		surgical treatment and application for driver's license.
6		Signature authorizations made pursuant to the provisions
7		of this paragraph shall be filed with the Secretary of
8		State and the Secretary of State shall provide upon payment
9		of the customary fee, certified copies of the authorization
10		to any court or individual who requests a copy.
11		(1.5) In making a determination under this Section, the
12		court shall also consider whether, based on health, safety, and
13		the best interests of the minor,
14		(a) appropriate services aimed at family preservation
15		and family reunification have been unsuccessful in
16		rectifying the conditions that have led to a finding of
17		unfitness or inability to care for, protect, train, or
18		discipline the minor, or
19		(b) no family preservation or family reunification
20		services would be appropriate,
21		and if the petition or amended petition contained an allegation
22		that the parent is an unfit person as defined in subdivision
23		(D) of Section 1 of the Adoption Act, and the order of
24		adjudication recites that parental unfitness was established
25		by clear and convincing evidence, the court shall, when
26		appropriate and in the best interest of the minor, enter an

SB1116 Engrossed - 50 - LRB101 08503 SLF 53580 b
1		order terminating parental rights and appointing a guardian
2		with power to consent to adoption in accordance with Section
3		2-29.
4		When making a placement, the court, wherever possible,
5		shall require the Department of Children and Family Services to
6		select a person holding the same religious belief as that of
7		the minor or a private agency controlled by persons of like
8		religious faith of the minor and shall require the Department
9		to otherwise comply with Section 7 of the Children and Family
10		Services Act in placing the child. In addition, whenever
11		alternative plans for placement are available, the court shall
12		ascertain and consider, to the extent appropriate in the
13		particular case, the views and preferences of the minor.
14		(2) When a minor is placed with a suitable relative or
15		other person pursuant to item (a) of subsection (1), the court
16		shall appoint him or her the legal custodian or guardian of the
17		person of the minor. When a minor is committed to any agency,
18		the court shall appoint the proper officer or representative
19		thereof as legal custodian or guardian of the person of the
20		minor. Legal custodians and guardians of the person of the
21		minor have the respective rights and duties set forth in
22		subsection (9) of Section 1-3 except as otherwise provided by
23		order of court; but no guardian of the person may consent to
24		adoption of the minor unless that authority is conferred upon
25		him or her in accordance with Section 2-29. An agency whose
26		representative is appointed guardian of the person or legal

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1		custodian of the minor may place the minor in any child care
2		facility, but the facility must be licensed under the Child
3		Care Act of 1969 or have been approved by the Department of
4		Children and Family Services as meeting the standards
5		established for such licensing. No agency may place a minor
6		adjudicated under Sections 2-3 or 2-4 in a child care facility
7		unless the placement is in compliance with the rules and
8		regulations for placement under this Section promulgated by the
9		Department of Children and Family Services under Section 5 of
10		the Children and Family Services Act. Like authority and
11		restrictions shall be conferred by the court upon any probation
12		officer who has been appointed guardian of the person of a
13		minor.
14		(3) No placement by any probation officer or agency whose
15		representative is appointed guardian of the person or legal
16		custodian of a minor may be made in any out of State child care
17		facility unless it complies with the Interstate Compact on the
18		Placement of Children. Placement with a parent, however, is not
19		subject to that Interstate Compact.
20		(4) The clerk of the court shall issue to the legal
21		custodian or guardian of the person a certified copy of the
22		order of court, as proof of his authority. No other process is
23		necessary as authority for the keeping of the minor.
24		(5) Custody or guardianship granted under this Section
25		continues until the court otherwise directs, but not after the
26		minor reaches the age of 19 years except as set forth in

SB1116 Engrossed - 52 - LRB101 08503 SLF 53580 b
1		Section 2-31, or if the minor was previously committed to the
2		Department of Children and Family Services for care and service
3		and the court has granted a supplemental petition to reinstate
4		wardship pursuant to subsection (2) of Section 2-33.
5		(6) (Blank).
6		(Source: P.A. 97-1150, eff. 1-25-13; 98-803, eff. 1-1-15.)
7		(705 ILCS 405/5-710)
8		Sec. 5-710. Kinds of sentencing orders.
9		(1) The following kinds of sentencing orders may be made in
10		respect of wards of the court:
11		(a) Except as provided in Sections 5-805, 5-810, and
12		5-815, a minor who is found guilty under Section 5-620 may
13		be:
14		(i) put on probation or conditional discharge and
15		released to his or her parents, guardian or legal
16		custodian, provided, however, that any such minor who
17		is not committed to the Department of Juvenile Justice
18		under this subsection and who is found to be a
19		delinquent for an offense which is first degree murder,
20		a Class X felony, or a forcible felony shall be placed
21		on probation;
22		(ii) placed in accordance with Section 5-740, with
23		or without also being put on probation or conditional
24		discharge;
25		(iii) required to undergo a substance abuse

SB1116 Engrossed - 53 - LRB101 08503 SLF 53580 b
1		assessment conducted by a licensed provider and
2		participate in the indicated clinical level of care;
3		(iv) on and after the effective date of this
4		amendatory Act of the 98th General Assembly and before
5		January 1, 2017, placed in the guardianship of the
6		Department of Children and Family Services, but only if
7		the delinquent minor is under 16 years of age or,
8		pursuant to Article II of this Act, a minor under the
9		age of 18 for whom an independent basis of abuse,
10		neglect, or dependency exists. On and after January 1,
11		2017, placed in the guardianship of the Department of
12		Children and Family Services, but only if the
13		delinquent minor is under 15 years of age or, pursuant
14		to Article II of this Act, a minor for whom an
15		independent basis of abuse, neglect, or dependency
16		exists. An independent basis exists when the
17		allegations or adjudication of abuse, neglect, or
18		dependency do not arise from the same facts, incident,
19		or circumstances which give rise to a charge or
20		adjudication of delinquency;
21		(v) placed in detention for a period not to exceed
22		30 days, either as the exclusive order of disposition
23		or, where appropriate, in conjunction with any other
24		order of disposition issued under this paragraph,
25		provided that any such detention shall be in a juvenile
26		detention home and the minor so detained shall be 10

SB1116 Engrossed - 54 - LRB101 08503 SLF 53580 b
1		years of age or older. However, the 30-day limitation
2		may be extended by further order of the court for a
3		minor under age 15 committed to the Department of
4		Children and Family Services if the court finds that
5		the minor is a danger to himself or others. The minor
6		shall be given credit on the sentencing order of
7		detention for time spent in detention under Sections
8		5-501, 5-601, 5-710, or 5-720 of this Article as a
9		result of the offense for which the sentencing order
10		was imposed. The court may grant credit on a sentencing
11		order of detention entered under a violation of
12		probation or violation of conditional discharge under
13		Section 5-720 of this Article for time spent in
14		detention before the filing of the petition alleging
15		the violation. A minor shall not be deprived of credit
16		for time spent in detention before the filing of a
17		violation of probation or conditional discharge
18		alleging the same or related act or acts. The
19		limitation that the minor shall only be placed in a
20		juvenile detention home does not apply as follows:
21		Persons 18 years of age and older who have a
22		petition of delinquency filed against them may be
23		confined in an adult detention facility. In making a
24		determination whether to confine a person 18 years of
25		age or older who has a petition of delinquency filed
26		against the person, these factors, among other

SB1116 Engrossed - 55 - LRB101 08503 SLF 53580 b
1		matters, shall be considered:
2		(A) the age of the person;
3		(B) any previous delinquent or criminal
4		history of the person;
5		(C) any previous abuse or neglect history of
6		the person;
7		(D) any mental health history of the person;
8		and
9		(E) any educational history of the person;
10		(vi) ordered partially or completely emancipated
11		in accordance with the provisions of the Emancipation
12		of Minors Act;
13		(vii) subject to having his or her driver's license
14		or driving privileges suspended for such time as
15		determined by the court but only until he or she
16		attains 18 years of age;
17		(viii) put on probation or conditional discharge
18		and placed in detention under Section 3-6039 of the
19		Counties Code for a period not to exceed the period of
20		incarceration permitted by law for adults found guilty
21		of the same offense or offenses for which the minor was
22		adjudicated delinquent, and in any event no longer than
23		upon attainment of age 21; this subdivision (viii)
24		notwithstanding any contrary provision of the law;
25		(ix) ordered to undergo a medical or other
26		procedure to have a tattoo symbolizing allegiance to a

SB1116 Engrossed - 56 - LRB101 08503 SLF 53580 b
1		street gang removed from his or her body; or
2		(x) placed in electronic monitoring or home
3		detention under Part 7A of this Article.
4		(b) A minor found to be guilty may be committed to the
5		Department of Juvenile Justice under Section 5-750 if the
6		minor is at least 13 years and under 20 years of age,
7		provided that the commitment to the Department of Juvenile
8		Justice shall be made only if the minor was found guilty of
9		a felony offense or first degree murder. The court shall
10		include in the sentencing order any pre-custody credits the
11		minor is entitled to under Section 5-4.5-100 of the Unified
12		Code of Corrections. The time during which a minor is in
13		custody before being released upon the request of a parent,
14		guardian or legal custodian shall also be considered as
15		time spent in custody.
16		(c) When a minor is found to be guilty for an offense
17		which is a violation of the Illinois Controlled Substances
18		Act, the Cannabis Control Act, or the Methamphetamine
19		Control and Community Protection Act and made a ward of the
20		court, the court may enter a disposition order requiring
21		the minor to undergo assessment, counseling or treatment in
22		a substance use disorder treatment program approved by the
23		Department of Human Services.
24		(2) Any sentencing order other than commitment to the
25		Department of Juvenile Justice may provide for protective
26		supervision under Section 5-725 and may include an order of

SB1116 Engrossed - 57 - LRB101 08503 SLF 53580 b
1		protection under Section 5-730.
2		(3) Unless the sentencing order expressly so provides, it
3		does not operate to close proceedings on the pending petition,
4		but is subject to modification until final closing and
5		discharge of the proceedings under Section 5-750.
6		(4) In addition to any other sentence, the court may order
7		any minor found to be delinquent to make restitution, in
8		monetary or non-monetary form, under the terms and conditions
9		of Section 5-5-6 of the Unified Code of Corrections, except
10		that the "presentencing hearing" referred to in that Section
11		shall be the sentencing hearing for purposes of this Section.
12		The parent, guardian or legal custodian of the minor may be
13		ordered by the court to pay some or all of the restitution on
14		the minor's behalf, pursuant to the Parental Responsibility
15		Law. The State's Attorney is authorized to act on behalf of any
16		victim in seeking restitution in proceedings under this
17		Section, up to the maximum amount allowed in Section 5 of the
18		Parental Responsibility Law.
19		(5) Any sentencing order where the minor is committed or
20		placed in accordance with Section 5-740 shall provide for the
21		parents or guardian of the estate of the minor to pay to the
22		legal custodian or guardian of the person of the minor such
23		sums as are determined by the custodian or guardian of the
24		person of the minor as necessary for the minor's needs. The
25		payments may not exceed the maximum amounts provided for by
26		Section 9.1 of the Children and Family Services Act.

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1		(6) Whenever the sentencing order requires the minor to
2		attend school or participate in a program of training, the
3		truant officer or designated school official shall regularly
4		report to the court if the minor is a chronic or habitual
5		truant under Section 26-2a of the School Code. Notwithstanding
6		any other provision of this Act, in instances in which
7		educational services are to be provided to a minor in a
8		residential facility where the minor has been placed by the
9		court, costs incurred in the provision of those educational
10		services must be allocated based on the requirements of the
11		School Code.
12		(7) In no event shall a guilty minor be committed to the
13		Department of Juvenile Justice for a period of time in excess
14		of that period for which an adult could be committed for the
15		same act. The court shall include in the sentencing order a
16		limitation on the period of confinement not to exceed the
17		maximum period of imprisonment the court could impose under
18		Article V of the Unified Code of Corrections.
19		(7.5) In no event shall a guilty minor be committed to the
20		Department of Juvenile Justice or placed in detention when the
21		act for which the minor was adjudicated delinquent would not be
22		illegal if committed by an adult.
23		(7.6) In no event shall a guilty minor be committed to the
24		Department of Juvenile Justice for an offense which is a Class
25		4 felony under Section 19-4 (criminal trespass to a residence),
26		21-1 (criminal damage to property), 21-1.01 (criminal damage to

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1		government supported property), 21-1.3 (criminal defacement of
2		property), 26-1 (disorderly conduct), or 31-4 (obstructing
3		justice) of the Criminal Code of 2012.
4		(7.75) In no event shall a guilty minor be committed to the
5		Department of Juvenile Justice for an offense that is a Class 3
6		or Class 4 felony violation of the Illinois Controlled
7		Substances Act unless the commitment occurs upon a third or
8		subsequent judicial finding of a violation of probation for
9		substantial noncompliance with court-ordered treatment or
10		programming.
11		(8) A minor found to be guilty for reasons that include a
12		violation of Section 21-1.3 of the Criminal Code of 1961 or the
13		Criminal Code of 2012 shall be ordered to perform community
14		service for not less than 30 and not more than 120 hours, if
15		community service is available in the jurisdiction. The
16		community service shall include, but need not be limited to,
17		the cleanup and repair of the damage that was caused by the
18		violation or similar damage to property located in the
19		municipality or county in which the violation occurred. The
20		order may be in addition to any other order authorized by this
21		Section.
22		(8.5) A minor found to be guilty for reasons that include a
23		violation of Section 3.02 or Section 3.03 of the Humane Care
24		for Animals Act or paragraph (d) of subsection (1) of Section
25		21-1 of the Criminal Code of 1961 or paragraph (4) of
26		subsection (a) of Section 21-1 of the Criminal Code of 2012

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1		shall be ordered to undergo medical or psychiatric treatment
2		rendered by a psychiatrist or psychological treatment rendered
3		by a clinical psychologist. The order may be in addition to any
4		other order authorized by this Section.
5		(9) In addition to any other sentencing order, the court
6		shall order any minor found to be guilty for an act which would
7		constitute, predatory criminal sexual assault of a child,
8		aggravated criminal sexual assault, criminal sexual assault,
9		aggravated criminal sexual abuse, or criminal sexual abuse if
10		committed by an adult to undergo medical testing to determine
11		whether the defendant has any sexually transmissible disease
12		including a test for infection with human immunodeficiency
13		virus (HIV) or any other identified causative agency of
14		acquired immunodeficiency syndrome (AIDS). Any medical test
15		shall be performed only by appropriately licensed medical
16		practitioners and may include an analysis of any bodily fluids
17		as well as an examination of the minor's person. Except as
18		otherwise provided by law, the results of the test shall be
19		kept strictly confidential by all medical personnel involved in
20		the testing and must be personally delivered in a sealed
21		envelope to the judge of the court in which the sentencing
22		order was entered for the judge's inspection in camera. Acting
23		in accordance with the best interests of the victim and the
24		public, the judge shall have the discretion to determine to
25		whom the results of the testing may be revealed. The court
26		shall notify the minor of the results of the test for infection

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1		with the human immunodeficiency virus (HIV). The court shall
2		also notify the victim if requested by the victim, and if the
3		victim is under the age of 15 and if requested by the victim's
4		parents or legal guardian, the court shall notify the victim's
5		parents or the legal guardian, of the results of the test for
6		infection with the human immunodeficiency virus (HIV). The
7		court shall provide information on the availability of HIV
8		testing and counseling at the Department of Public Health
9		facilities to all parties to whom the results of the testing
10		are revealed. The court shall order that the cost of any test
11		shall be paid by the county and may be taxed as costs against
12		the minor.
13		(10) When a court finds a minor to be guilty the court
14		shall, before entering a sentencing order under this Section,
15		make a finding whether the offense committed either: (a) was
16		related to or in furtherance of the criminal activities of an
17		organized gang or was motivated by the minor's membership in or
18		allegiance to an organized gang, or (b) involved a violation of
19		subsection (a) of Section 12-7.1 of the Criminal Code of 1961
20		or the Criminal Code of 2012, a violation of any Section of
21		Article 24 of the Criminal Code of 1961 or the Criminal Code of
22		2012, or a violation of any statute that involved the wrongful
23		use of a firearm. If the court determines the question in the
24		affirmative, and the court does not commit the minor to the
25		Department of Juvenile Justice, the court shall order the minor
26		to perform community service for not less than 30 hours nor

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1		more than 120 hours, provided that community service is
2		available in the jurisdiction and is funded and approved by the
3		county board of the county where the offense was committed. The
4		community service shall include, but need not be limited to,
5		the cleanup and repair of any damage caused by a violation of
6		Section 21-1.3 of the Criminal Code of 1961 or the Criminal
7		Code of 2012 and similar damage to property located in the
8		municipality or county in which the violation occurred. When
9		possible and reasonable, the community service shall be
10		performed in the minor's neighborhood. This order shall be in
11		addition to any other order authorized by this Section except
12		for an order to place the minor in the custody of the
13		Department of Juvenile Justice. For the purposes of this
14		Section, "organized gang" has the meaning ascribed to it in
15		Section 10 of the Illinois Streetgang Terrorism Omnibus
16		Prevention Act.
17		(11) If the court determines that the offense was committed
18		in furtherance of the criminal activities of an organized gang,
19		as provided in subsection (10), and that the offense involved
20		the operation or use of a motor vehicle or the use of a
21		driver's license or permit, the court shall notify the
22		Secretary of State of that determination and of the period for
23		which the minor shall be denied driving privileges. If, at the
24		time of the determination, the minor does not hold a driver's
25		license or permit, the court shall provide that the minor shall
26		not be issued a driver's license or permit until his or her

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1		18th birthday. If the minor holds a driver's license or permit
2		at the time of the determination, the court shall provide that
3		the minor's driver's license or permit shall be revoked until
4		his or her 21st birthday, or until a later date or occurrence
5		determined by the court. If the minor holds a driver's license
6		at the time of the determination, the court may direct the
7		Secretary of State to issue the minor a judicial driving
8		permit, also known as a JDP. The JDP shall be subject to the
9		same terms as a JDP issued under Section 6-206.1 of the
10		Illinois Vehicle Code, except that the court may direct that
11		the JDP be effective immediately.
12		(12) If a minor is found to be guilty of a violation of
13		subsection (a-7) of Section 1 of the Prevention of Tobacco Use
14		by Minors Act, the court may, in its discretion, and upon
15		recommendation by the State's Attorney, order that minor and
16		his or her parents or legal guardian to attend a smoker's
17		education or youth diversion program as defined in that Act if
18		that program is available in the jurisdiction where the
19		offender resides. Attendance at a smoker's education or youth
20		diversion program shall be time-credited against any community
21		service time imposed for any first violation of subsection
22		(a-7) of Section 1 of that Act. In addition to any other
23		penalty that the court may impose for a violation of subsection
24		(a-7) of Section 1 of that Act, the court, upon request by the
25		State's Attorney, may in its discretion require the offender to
26		remit a fee for his or her attendance at a smoker's education

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1		or youth diversion program.
2		For purposes of this Section, "smoker's education program"
3		or "youth diversion program" includes, but is not limited to, a
4		seminar designed to educate a person on the physical and
5		psychological effects of smoking tobacco products and the
6		health consequences of smoking tobacco products that can be
7		conducted with a locality's youth diversion program.
8		In addition to any other penalty that the court may impose
9		under this subsection (12):
10		(a) If a minor violates subsection (a-7) of Section 1
11		of the Prevention of Tobacco Use by Minors Act, the court
12		may impose a sentence of 15 hours of community service or a
13		fine of $25 for a first violation.
14		(b) A second violation by a minor of subsection (a-7)
15		of Section 1 of that Act that occurs within 12 months after
16		the first violation is punishable by a fine of $50 and 25
17		hours of community service.
18		(c) A third or subsequent violation by a minor of
19		subsection (a-7) of Section 1 of that Act that occurs
20		within 12 months after the first violation is punishable by
21		a $100 fine and 30 hours of community service.
22		(d) Any second or subsequent violation not within the
23		12-month time period after the first violation is
24		punishable as provided for a first violation.
25		(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
26		eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;

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1		100-759, eff. 1-1-19.)
2		Section 99. Effective date. This Act takes effect upon
3		becoming law.