SB 193

Abstract

Amends the Juvenile Court Act of 1987. Provides that all proceedings under the Act in respect to any minor automatically terminate upon his or her attaining the age of 21 years (rather than 19 years). Makes conforming changes. Effective immediately. Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that wardship concerning neglected, abused, and dependent minors terminates at 21 years of age rather than 19 years of age. Provides that a provision providing the wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed automatically terminates when the minor attains the age of 19 years becomes inoperative on and after the effective date of the amendatory Act. Provides that notwithstanding any provision of law to the contrary, the changes made by the amendatory Act apply to all cases that are pending on or after the effective date of the amendatory Act. Provides that when terminating wardship, if the minor is over 18, or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (1) the minor's wishes regarding case closure; (2) the manner in which the minor will maintain independence without services from the Department of Children and Family Services; (3) the minor's engagement in services including placement offered by the Department; (4) if the minor is not engaged the Department's efforts to engage the minor; (5) the nature of communication between the minor and the Department; (6) the minor's involvement in other State systems or services; (7) the minor's connections with family and other community support; and (8) any other factor the court deems relevant. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 705 ILCS 405/2-31 705 ILCS 405/2-33 Adds reference to: 325 ILCS 5/7.14 from Ch. 23, par. 2057.14 325 ILCS 5/7.22a new 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.