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| Public Act 097-0518 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-745 as follows:
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(705 ILCS 405/5-745)
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Sec. 5-745. Court review.
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(1) The court may require any legal custodian or guardian | ||||
of the person
appointed under this Act, including the | ||||
Department of Juvenile Justice for youth committed under | ||||
Section 5-750 of this Act, to report periodically to the court | ||||
or may cite him
or her into court and require him or her, or his | ||||
or her agency, to make a full
and accurate report of
his or her | ||||
or its doings in behalf of the minor, including efforts to | ||||
secure post-release placement of the youth after release from | ||||
the Department's facilities. The legal custodian or
guardian,
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within 10 days after the citation, shall make the report, | ||||
either in writing
verified by affidavit or orally under oath in | ||||
open court, or otherwise as the
court directs. Upon the hearing | ||||
of the report the court may remove the legal
custodian or | ||||
guardian and appoint another in his or her stead or restore the
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minor to
the custody of his or her parents or former guardian | ||||
or legal custodian.
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(2) A guardian or legal custodian appointed by the court | ||
under this
Act shall file updated case plans with the court | ||
every 6 months. Every agency
which has guardianship of a child | ||
shall file a supplemental petition for court
review, or review | ||
by an administrative body appointed or approved by the court
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and further order within 18 months of the sentencing order and | ||
each 18 months
thereafter. The petition shall state facts | ||
relative to the child's present
condition of physical, mental | ||
and emotional health as well as facts relative to
his or her | ||
present custodial or foster care. The petition shall be set for
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hearing
and the clerk shall mail 10 days notice of the hearing | ||
by certified mail,
return receipt requested, to the person or | ||
agency having the physical custody
of the child, the minor and | ||
other interested parties unless a
written waiver of notice is | ||
filed with the petition.
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If the minor is in the custody of the Illinois Department | ||
of Children and Family Services, pursuant to an order entered | ||
under this Article, the court shall conduct permanency hearings | ||
as set out in subsections (1), (2), and (3) of Section 2-28 of | ||
Article II of this Act. | ||
Rights of wards of the court under this Act are enforceable | ||
against any
public agency by complaints for relief by mandamus | ||
filed in any proceedings
brought under this Act.
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(3) The minor or any person interested in the minor may | ||
apply to the court
for a change in custody of the minor and the | ||
appointment of a new custodian or
guardian of the person or for | ||
the restoration of the minor to the custody of
his or her | ||
parents or former guardian or custodian. In the event that the
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minor has
attained 18 years of age and the guardian or | ||
custodian petitions the court for
an order terminating his or | ||
her guardianship or custody, guardianship or legal
custody
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shall terminate automatically 30 days after the receipt of the | ||
petition unless
the
court orders otherwise. No legal custodian | ||
or guardian of the person may be
removed without his or her | ||
consent until given notice and an opportunity to be
heard by | ||
the court.
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(Source: P.A. 96-178, eff. 1-1-10.)
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