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Bill > SB1305


IL SB1305

IL SB1305
JUV CT-REUNITE CHILD-FAMILY


summary

Introduced
01/28/2025
In Committee
03/21/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Provides that "active efforts" includes the provision of reasonable efforts as required by Title IV-E of the Social Security Act (42 U.S.C. 670 through 679c). In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.

AI Summary

This bill amends the Juvenile Court Act of 1987 and the Adoption Act to change the standard of efforts required by the Department of Children and Family Services from "reasonable efforts" to "active efforts" in cases involving child reunification. The bill defines "active efforts" as affirmative, active, thorough, timely actions intended to maintain or reunite a child with their family, representing a higher standard of conduct than reasonable efforts. The legislation also includes the provision of reasonable efforts as required by federal law. In court review provisions, if the Department fails to make active efforts as specified in the service plan, the court must specify which parties the failure applies to and the applicable time period. Additionally, the bill provides that a person shall not be considered an unfit parent solely because the Department failed to make active efforts during the case. A parent cannot be found unfit for failing to make reasonable efforts or progress during any 9-month period where the court found the Department failed to make active efforts. This change aims to provide a more rigorous and comprehensive approach to child welfare services and family reunification efforts.

Committee Categories

Justice

Sponsors (2)

Last Action

Rule 3-9(a) / Re-referred to Assignments (on 03/21/2025)

bill text


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