HB 4614 — JUV CT&PROBATE-GUARDIANSHIP

HB4614 EngrossedEnrolled LRB104 18813 RLC 32256 b AN ACT concerning guardianship.

"subsidized guardianship" has the meaning HB4614 EngrossedEnrolled - 2 - LRB104 18813 RLC 32256 b ascribed to that term in Section 4d of the Children and Family Services Act;

however, a minor charged with a HB4614 EngrossedEnrolled - 3 - LRB104 18813 RLC 32256 b criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act.

The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship HB4614 EngrossedEnrolled - 4 - LRB104 18813 RLC 32256 b Administrator to documents affecting the guardian-ward relationship of children for whom the Guardianship Administrator has been appointed guardian at such times as the Guardianship Administrator is unable to perform the duties of the Guardianship Administrator office.

(1.5) In making a determination under this Section, the court shall also consider whether, based on health, safety, and the best interests of the minor, (a) appropriate services aimed at family preservation and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or (b) no family preservation or family reunification services would be appropriate, and if the petition or amended petition contained an HB4614 EngrossedEnrolled - 5 - LRB104 18813 RLC 32256 b allegation that the parent is an unfit person as defined in subdivision (D) of Section 1 of the Adoption Act, and the order of adjudication recites that parental unfitness was established by clear and convincing evidence, the court shall, when appropriate and in the best interest of the minor, enter an order terminating parental rights and appointing a guardian with power to consent to adoption in accordance with Section 2-29.

Legal custodians and guardians of the person of the minor appointed under HB4614 EngrossedEnrolled - 6 - LRB104 18813 RLC 32256 b subsection (1) have the respective rights and duties set forth in subsection (8) or (9) of Section 1-3 except as otherwise provided by order of court;

Like authority and restrictions shall be conferred by the court upon any probation officer who has been appointed guardian of the HB4614 EngrossedEnrolled - 7 - LRB104 18813 RLC 32256 b person of a minor.

HB4614 EngrossedEnrolled - 8 - LRB104 18813 RLC 32256 b (Source:

(2) Any time prior to a minor's 21st birthday, pursuant to HB4614 EngrossedEnrolled - 9 - LRB104 18813 RLC 32256 b a supplemental petition filed under this Section, the court may reinstate wardship and open a previously closed case when:

Unless excused by court for good cause shown, the petitioner shall give notice of the time and place of the hearing on the supplemental petition, in person or by mail, to the minor, if the minor is 14 years of age or older, and to the HB4614 EngrossedEnrolled - 10 - LRB104 18813 RLC 32256 b parties to the juvenile court proceeding.

and HB4614 EngrossedEnrolled - 11 - LRB104 18813 RLC 32256 b (b) Promptly refer the minor for such services as are necessary and consistent with the minor's health, safety and best interests.

Upon the filing of a supplemental petition, the court shall reinstate wardship and open a previously closed case for HB4614 EngrossedEnrolled - 12 - LRB104 18813 RLC 32256 b purposes of addressing the petition.

Unless excused by court for good cause shown, the petitioner shall give notice of the time and place of the HB4614 EngrossedEnrolled - 13 - LRB104 18813 RLC 32256 b hearing on the supplemental petition, in person or by mail, to the minor, if the minor is 14 years of age or older, and to the parties to the juvenile court proceeding.

(a) Within 30 days of such commitment, prepare and file with the court a case plan which complies with the federal Adoption Assistance and Child Welfare Act of 1980 HB4614 EngrossedEnrolled - 14 - LRB104 18813 RLC 32256 b and is consistent with the health, safety and best interests of the minor;

(a-1) A parent, adoptive parent or adjudicated parent, whose parental rights have not been terminated, may designate in any writing, including a will, a person qualified to act HB4614 EngrossedEnrolled - 15 - LRB104 18813 RLC 32256 b under Section 11-3 to be appointed as guardian of the person or estate, or both, of an unmarried minor or of a child likely to be born.

(2) after receiving notice of the hearing under Section 11-10.1, the parent or parents fail to object to the appointment at the HB4614 EngrossedEnrolled - 16 - LRB104 18813 RLC 32256 b hearing on the petition;

(b-1) If the court finds the appointment of a guardian of the minor to be in the best interest of the minor, and if a standby guardian has previously been appointed for the minor under Section 11-5.3, the court shall appoint the standby HB4614 EngrossedEnrolled - 17 - LRB104 18813 RLC 32256 b guardian as the guardian of the person or estate, or both, of the minor unless the court finds, upon good cause shown, that the appointment would no longer be in the best interest of the minor.

If custody and HB4614 EngrossedEnrolled - 18 - LRB104 18813 RLC 32256 b guardianship is to be restored to a parent or guardian who was a respondent in the Juvenile Court Act of 1987 case, the court's determinations and findings shall be made consistent with subsection (4) of Section 2-28 of the Juvenile Court Act of 1987.

(e) Previous statements made by the minor relating to any allegations that the minor is an abused or neglected child within the meaning of the Abused and Neglected Child Reporting Act, or an abused or neglected minor within the meaning of the Juvenile Court Act of 1987, shall be admissible in evidence in HB4614 EngrossedEnrolled - 19 - LRB104 18813 RLC 32256 b a hearing concerning appointment of a guardian of the person or estate of the minor.