JUV CT&PROBATE-GUARDIANSHIP

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SB3251 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3251

Introduced 2/3/2026, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

705 ILCS 405/2-27

from Ch. 37, par. 802-27
705 ILCS 405/2-28
705 ILCS 405/2-33
755 ILCS 5/11-5

from Ch. 110 1/2, par. 11-5

Amends the Juvenile Court Act of 1987 concerning abused, neglected,
and dependent minors. Provides that when the minor is placed in the custody
of a suitable relative or other person as legal custodian or guardian or
placed in subsidized guardianship of a suitable relative or other person
as legal guardian, custody or guardianship continues until the court
otherwise directs, but not after the minor reaches the age of 18 years.
Provides that when a minor is placed in the guardianship of a probation
officer, committed to an agency for care or placement, or committed to the
Department of Children and Family Services for care and service, custody
or guardianship granted continues until the court otherwise directs, but
not after the minor reaches the age of 21 years. Makes other changes.
Amends the Probate Act of 1975. Provides that if the minor is a youth in
care under the guardianship of the Department of Children and Family
Services pursuant to the Juvenile Court Act of 1987 when the petition for
the appointment of a guardian of a minor is filed, the court's
determinations and findings shall be made consistent with the court review
provisions of the Juvenile Court Act of 1987. Provides that any motion to
modify or vacate the appointment of a guardian of a minor who was a youth
in care immediately preceding the filing of a petition for the appointment
of a minor guardian shall be filed and reviewed pursuant to the
supplemental provisions to reinstate wardship of the Juvenile Court Act of
1987. Provides that if custody and 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 the court review provisions of the Juvenile Court Act of 1987. Defines
"youth in care". Effective immediately.
LRB104 20395 RLC 33855 b

A BILL FOR

SB3251
LRB104 20395 RLC 33855 b
1

AN ACT concerning guardianship.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Sections 2-27, 2-28, and 2-33 as follows:

6

(705 ILCS 405/2-27)

(from Ch. 37, par. 802-27)
7

Sec. 2-27.
Placement; legal custody or guardianship.
8

(1) If the court determines and puts in writing the
9
factual basis supporting the determination of whether the
10
parents, guardian, or legal custodian of a minor adjudged a
11
ward of the court are unfit or are unable, for some reason
12
other than financial circumstances alone, to care for,
13
protect, train or discipline the minor or are unwilling to do
14
so, and that the health, safety, and best interest of the minor
15
will be jeopardized if the minor remains in the custody of the
16
minor's parents, guardian or custodian, the court may at this
17
hearing and at any later point:
18

(a) place the minor in the custody of a suitable
19

relative or other person as legal custodian or guardian;
20

(a-5) with the approval of the Department of Children
21

and Family Services, place the minor in the subsidized
22

guardianship of a suitable relative or other person as
23

legal guardian; "subsidized guardianship" has the meaning

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1

ascribed to that term in Section 4d of the Children and
2

Family Services Act;
3

(b) place the minor under the guardianship of a
4

probation officer;
5

(c) commit the minor to an agency for care or
6

placement, except an institution under the authority of
7

the Department of Corrections or of the Department of
8

Children and Family Services;
9

(d) on and after the effective date of this amendatory
10

Act of the 98th General Assembly and before January 1,
11

2017, commit the minor to the Department of Children and
12

Family Services for care and service; however, a minor
13

charged with a criminal offense under the Criminal Code of
14

1961 or the Criminal Code of 2012 or adjudicated
15

delinquent shall not be placed in the custody of or
16

committed to the Department of Children and Family
17

Services by any court, except (i) a minor less than 16
18

years of age and committed to the Department of Children
19

and Family Services under Section 5-710 of this Act, (ii)
20

a minor under the age of 18 for whom an independent basis
21

of abuse, neglect, or dependency exists, or (iii) a minor
22

for whom the court has granted a supplemental petition to
23

reinstate wardship pursuant to subsection (2) of Section
24

2-33 of this Act. On and after January 1, 2017, commit the
25

minor to the Department of Children and Family Services
26

for care and service; however, a minor charged with a

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criminal offense under the Criminal Code of 1961 or the
2

Criminal Code of 2012 or adjudicated delinquent shall not
3

be placed in the custody of or committed to the Department
4

of Children and Family Services by any court, except (i) a
5

minor less than 15 years of age and committed to the
6

Department of Children and Family Services under Section
7

5-710 of this Act, (ii) a minor under the age of 18 for
8

whom an independent basis of abuse, neglect, or dependency
9

exists, or (iii) a minor for whom the court has granted a
10

supplemental petition to reinstate wardship pursuant to
11

subsection (2) of Section 2-33 of this Act. An independent
12

basis exists when the allegations or adjudication of
13

abuse, neglect, or dependency do not arise from the same
14

facts, incident, or circumstances which give rise to a
15

charge or adjudication of delinquency. The Department
16

shall be given due notice of the pendency of the action and
17

the Guardianship Administrator of the Department of
18

Children and Family Services shall be appointed guardian
19

of the person of the minor. Whenever the Department seeks
20

to discharge a minor from its care and service, the
21

Guardianship Administrator shall petition the court for an
22

order terminating guardianship. The Guardianship
23

Administrator may designate one or more other officers of
24

the Department, appointed as Department officers by
25

administrative order of the Department Director,
26

authorized to affix the signature of the Guardianship

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1

Administrator to documents affecting the guardian-ward
2

relationship of children for whom the Guardianship
3

Administrator has been appointed guardian at such times as
4

the Guardianship Administrator is unable to perform the
5

duties of the Guardianship Administrator office. The
6

signature authorization shall include but not be limited
7

to matters of consent of marriage, enlistment in the armed
8

forces, legal proceedings, adoption, major medical and
9

surgical treatment and application for driver's license.
10

Signature authorizations made pursuant to the provisions
11

of this paragraph shall be filed with the Secretary of
12

State and the Secretary of State shall provide upon
13

payment of the customary fee, certified copies of the
14

authorization to any court or individual who requests a
15

copy.
16

(1.5) In making a determination under this Section, the
17
court shall also consider whether, based on health, safety,
18
and the best interests of the minor,
19

(a) appropriate services aimed at family preservation
20

and family reunification have been unsuccessful in
21

rectifying the conditions that have led to a finding of
22

unfitness or inability to care for, protect, train, or
23

discipline the minor, or
24

(b) no family preservation or family reunification
25

services would be appropriate,
26
and if the petition or amended petition contained an

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1
allegation that the parent is an unfit person as defined in
2
subdivision (D) of Section 1 of the Adoption Act, and the order
3
of adjudication recites that parental unfitness was
4
established by clear and convincing evidence, the court shall,
5
when appropriate and in the best interest of the minor, enter
6
an order terminating parental rights and appointing a guardian
7
with power to consent to adoption in accordance with Section
8
2-29.
9

When making a placement, the court, wherever possible,
10
shall require the Department of Children and Family Services
11
to select a person holding the same religious belief as that of
12
the minor or a private agency controlled by persons of like
13
religious faith of the minor and shall require the Department
14
to otherwise comply with Section 7 of the Children and Family
15
Services Act in placing the child. In addition, whenever
16
alternative plans for placement are available, the court shall
17
ascertain and consider, to the extent appropriate in the
18
particular case, the views and preferences of the minor.
19

(2)
(i)

When a minor is placed with a suitable relative or
20
other person pursuant to item (a) of subsection (1), the court
21
shall appoint the suitable relative or other person the legal
22
custodian or guardian of the person of the minor. When a minor
23
is committed to any agency, the court shall appoint the proper
24
officer or representative thereof as legal custodian or
25
guardian of the person of the minor.
Legal custodians and
26
guardians of the person of the minor
appointed under

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1
subsection (1)
have the respective rights and duties set forth
2
in subsection
(8) or
(9) of Section 1-3 except as otherwise
3
provided by order of court; but no guardian of the person may
4
consent to adoption of the minor unless that authority is
5
conferred upon the guardian in accordance with Section 2-29.
6

(ii) The following additional provisions apply to legal
7
custodians or guardians appointed under paragraphs (b), (c),
8
and (d) of subsection (1):
9

(A) When a minor is committed to any agency, the court
10

shall appoint the proper officer or representative thereof
11

as legal custodian or guardian of the person of the minor.

12

(B)
An agency whose representative is appointed
13

guardian of the person or legal custodian of the minor may
14

place the minor in any child care facility, but the
15

facility must be licensed under the Child Care Act of 1969
16

or have been approved by the Department of Children and
17

Family Services as meeting the standards established for
18

such licensing.
19

(C)
No agency may place a minor adjudicated under
20

Sections 2-3 or 2-4 in a child care facility unless the
21

placement is in compliance with the rules and regulations
22

for placement under this Section promulgated by the
23

Department of Children and Family Services under Section 5
24

of the Children and Family Services Act.
Like authority
25

and restrictions shall be conferred by the court upon any
26

probation officer who has been appointed guardian of the

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1

person of a minor.
2

(3) No placement by any probation officer or agency whose
3
representative is appointed guardian of the person or legal
4
custodian of a minor may be made in any out of State child care
5
facility unless it complies with the Interstate Compact on the
6
Placement of Children. Placement with a parent, however, is
7
not subject to that Interstate Compact.
8

(4) The clerk of the court shall issue to the legal
9
custodian or guardian of the person a certified copy of the
10
order of court, as proof of the legal custodian's or
11
guardian's authority. No other process is necessary as
12
authority for the keeping of the minor.
13

(5)
(a)
Custody or guardianship granted under
(a) or (a-5)
14
of subsection (1)

this Section
continues until the court
15
otherwise directs,
but not after the minor reaches the age of
16
18 years.

17

(b) Custody or guardianship granted under paragraph (b),
18
(c), or (d) of subsection (1), continues until the court
19
otherwise directs, but not after the minor reaches the age of
20
21 years.

but not after the minor reaches the age of 19 years
21
except as set forth in Section 2-31, or if the minor was
22
previously committed to the Department of Children and Family
23
Services for care and service and the court has granted a
24
supplemental petition to reinstate wardship pursuant to
25
subsection (2) of Section 2-33.
26

(6) (Blank).

SB3251
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LRB104 20395 RLC 33855 b
1
(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25
.)

2

(705 ILCS 405/2-28)
3

(Text of Section before amendment by P.A. 104-107
)
4

Sec. 2-28.
Court review.
5

(1) The court may require any legal custodian or guardian
6
of the person appointed under this Act to report periodically
7
to the court or may cite the legal custodian or guardian into
8
court and require the legal custodian, guardian, or the legal
9
custodian's or guardian's agency to make a full and accurate
10
report of the doings of the legal custodian, guardian, or
11
agency on behalf of the minor. The custodian or guardian,
12
within 10 days after such citation, or earlier if the court
13
determines it to be necessary to protect the health, safety,
14
or welfare of the minor, shall make the report, either in
15
writing verified by affidavit or orally under oath in open
16
court, or otherwise as the court directs. Upon the hearing of
17
the report the court may remove the custodian or guardian and
18
appoint another in the custodian's or guardian's stead or
19
restore the minor to the custody of the minor's parents or
20
former guardian or custodian. However, custody of the minor
21
shall not be restored to any parent, guardian, or legal
22
custodian in any case in which the minor is found to be
23
neglected or abused under Section 2-3 or dependent under
24
Section 2-4 of this Act, unless the minor can be cared for at
25
home without endangering the minor's health or safety and it

SB3251
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1
is in the best interests of the minor, and if such neglect,
2
abuse, or dependency is found by the court under paragraph (1)
3
of Section 2-21 of this Act to have come about due to the acts
4
or omissions or both of such parent, guardian, or legal
5
custodian, until such time as an investigation is made as
6
provided in paragraph (5) and a hearing is held on the issue of
7
the fitness of such parent, guardian, or legal custodian to
8
care for the minor and the court enters an order that such
9
parent, guardian, or legal custodian is fit to care for the
10
minor.
11

(1.5) The public agency that is the custodian or guardian
12
of the minor shall file a written report with the court no
13
later than 15 days after a minor in the agency's care remains:
14

(1) in a shelter placement beyond 30 days;
15

(2) in a psychiatric hospital past the time when the
16

minor is clinically ready for discharge or beyond medical
17

necessity for the minor's health; or
18

(3) in a detention center or Department of Juvenile
19

Justice facility solely because the public agency cannot
20

find an appropriate placement for the minor.
21

The report shall explain the steps the agency is taking to
22
ensure the minor is placed appropriately, how the minor's
23
needs are being met in the minor's shelter placement, and if a
24
future placement has been identified by the Department, why
25
the anticipated placement is appropriate for the needs of the
26
minor and the anticipated placement date.

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1

(1.6) Within 30 days after placing a child in its care in a
2
qualified residential treatment program, as defined by the
3
federal Social Security Act, the Department of Children and
4
Family Services shall prepare a written report for filing with
5
the court and send copies of the report to all parties. Within
6
20 days of the filing of the report, or as soon thereafter as
7
the court's schedule allows but not more than 60 days from the
8
date of placement, the court shall hold a hearing to consider
9
the Department's report and determine whether placement of the
10
child in a qualified residential treatment program provides
11
the most effective and appropriate level of care for the child
12
in the least restrictive environment and if the placement is
13
consistent with the short-term and long-term goals for the
14
child, as specified in the permanency plan for the child. The
15
court shall approve or disapprove the placement. If
16
applicable, the requirements of Sections 2-27.1 and 2-27.2
17
must also be met. The Department's written report and the
18
court's written determination shall be included in and made
19
part of the case plan for the child. If the child remains
20
placed in a qualified residential treatment program, the
21
Department shall submit evidence at each status and permanency
22
hearing:
23

(A) demonstrating that
ongoing

on-going
assessment of
24

the strengths and needs of the child continues to support
25

the determination that the child's needs cannot be met
26

through placement in a foster family home, that the

SB3251
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placement provides the most effective and appropriate
2

level of care for the child in the least restrictive,
3

appropriate environment, and that the placement is
4

consistent with the short-term and long-term permanency
5

goal for the child, as specified in the permanency plan
6

for the child;
7

(B) documenting the specific treatment or service
8

needs that should be met for the child in the placement and
9

the length of time the child is expected to need the
10

treatment or services;
11

(C) the efforts made by the agency to prepare the
12

child to return home or to be placed with a fit and willing
13

relative, a legal guardian, or an adoptive parent, or in a
14

foster family home; and
15

(D) beginning July 1, 2025, documenting the
16

Department's efforts regarding ongoing family finding and
17

relative engagement required under Section 2-27.3.
18

(2) The first permanency hearing shall be conducted by the
19
judge. Subsequent permanency hearings may be heard by a judge
20
or by hearing officers appointed or approved by the court in
21
the manner set forth in Section 2-28.1 of this Act. The initial
22
hearing shall be held (a) within 12 months from the date
23
temporary custody was taken, regardless of whether an
24
adjudication or dispositional hearing has been completed
25
within that time frame, (b) if the parental rights of both
26
parents have been terminated in accordance with the procedure

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1
described in subsection (5) of Section 2-21, within 30 days of
2
the order for termination of parental rights and appointment
3
of a guardian with power to consent to adoption, or (c) in
4
accordance with subsection (2) of Section 2-13.1. Subsequent
5
permanency hearings shall be held every 6 months or more
6
frequently if necessary in the court's determination following
7
the initial permanency hearing, in accordance with the
8
standards set forth in this Section, until the court
9
determines that the plan and goal have been achieved. Once the
10
plan and goal have been achieved, if the minor remains in
11
substitute care, the case shall be reviewed at least every 6
12
months thereafter, subject to the provisions of this Section,
13
unless the minor is placed in the guardianship of a suitable
14
relative or other person and the court determines that further
15
monitoring by the court does not further the health, safety,
16
or best interest of the child and that this is a stable
17
permanent placement. The permanency hearings must occur within
18
the time frames set forth in this subsection and may not be
19
delayed in anticipation of a report from any source or due to
20
the agency's failure to timely file its written report (this
21
written report means the one required under the next paragraph
22
and does not mean the service plan also referred to in that
23
paragraph).
24

The public agency that is the custodian or guardian of the
25
minor, or another agency responsible for the minor's care,
26
shall ensure that all parties to the permanency hearings are

SB3251
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1
provided a copy of the most recent service plan prepared
2
within the prior 6 months at least 14 days in advance of the
3
hearing. If not contained in the agency's service plan, the
4
agency shall also include a report setting forth the
5
following:
6

(A) any special physical, psychological, educational,
7

medical, emotional, or other needs of the minor or the
8

minor's family that are relevant to a permanency or
9

placement determination, and for any minor age 16 or over,
10

a written description of the programs and services that
11

will enable the minor to prepare for independent living;
12

(B) beginning July 1, 2025, a written description of
13

ongoing family finding and relative engagement efforts in
14

accordance with the requirements under Section 2-27.3 the
15

agency has undertaken since the most recent report to the
16

court to plan for the emotional and legal permanency of
17

the minor;
18

(C) whether a minor is placed in a licensed child care
19

facility under a corrective plan by the Department due to
20

concerns impacting the minor's safety and well-being. The
21

report shall explain the steps the Department is taking to
22

ensure the safety and well-being of the minor and that the
23

minor's needs are met in the facility;
24

(D) detail regarding what progress or lack of progress
25

the parent has made in correcting the conditions requiring
26

the child to be in care; whether the child can be returned

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1

home without jeopardizing the child's health, safety, and
2

welfare, what permanency goal is recommended to be in the
3

best interests of the child, and the reasons for the
4

recommendation. If a permanency goal under paragraph (A),
5

(B), or (B-1) of subsection (2.3) have been deemed
6

inappropriate and not in the minor's best interest, the
7

report must include the following information:
8

(i) confirmation that the caseworker has discussed
9

the permanency options and subsidies available for
10

guardianship and adoption with the minor's caregivers,
11

the minor's parents, as appropriate, and has discussed
12

the available permanency options with the minor in an
13

age-appropriate manner;
14

(ii) confirmation that the caseworker has
15

discussed with the minor's caregivers, the minor's
16

parents, as appropriate, and the minor as
17

age-appropriate, the distinctions between guardianship
18

and adoption, including, but not limited to, that
19

guardianship does not require termination of the
20

parent's rights or the consent of the parent;
21

(iii) a description of the stated preferences and
22

concerns, if any, the minor, the parent as
23

appropriate, and the caregiver expressed relating to
24

the options of guardianship and adoption, and the
25

reasons for the preferences;
26

(iv) if the minor is not currently in a placement

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1

that will provide permanency, identification of all
2

persons presently willing and able to provide
3

permanency to the minor through either guardianship or
4

adoption, and beginning July 1, 2025, if none are
5

available, a description of the efforts made in
6

accordance with Section 2-27.3; and
7

(v) state the recommended permanency goal, why
8

that goal is recommended, and why the other potential
9

goals were not recommended.
10

The caseworker must appear and testify at the permanency
11
hearing. If a permanency hearing has not previously been
12
scheduled by the court, the moving party shall move for the
13
setting of a permanency hearing and the entry of an order
14
within the time frames set forth in this subsection.
15

(2.3) At the permanency hearing, the court shall determine
16
the permanency goal of the child. The court shall set one of
17
the following permanency goals:
18

(A) The minor will be returned home by a specific date
19

within 5 months.
20

(B) The minor will be in short-term care with a
21

continued goal to return home within a period not to
22

exceed one year, where the progress of the parent or
23

parents is substantial giving particular consideration to
24

the age and individual needs of the minor.
25

(B-1) The minor will be in short-term care with a
26

continued goal to return home pending a status hearing.

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LRB104 20395 RLC 33855 b
1

When the court finds that a parent has not made reasonable
2

efforts or reasonable progress to date, the court shall
3

identify what actions the parent and the Department must
4

take in order to justify a finding of reasonable efforts
5

or reasonable progress and shall set a status hearing to
6

be held not earlier than 9 months from the date of
7

adjudication nor later than 11 months from the date of
8

adjudication during which the parent's progress will again
9

be reviewed.
10

If the court has determined that goals (A), (B), and
11

(B-1) are not appropriate and not in the minor's best
12

interest, the court may select one of the following goals:
13

(C), (D), (E), (F), (G), or (H) for the minor as
14

appropriate and based on the best interests of the minor.
15

The court shall determine the appropriate goal for the
16

minor based on best interest factors and any
17

considerations outlined in that goal.
18

(C) The guardianship of the minor shall be transferred
19

to an individual or couple on a permanent basis. Prior to
20

changing the goal to guardianship, the court shall
21

consider the following:
22

(i) whether the agency has discussed adoption and
23

guardianship with the caregiver and what preference,
24

if any, the caregiver has as to the permanency goal;
25

(ii) whether the agency has discussed adoption and
26

guardianship with the minor, as age-appropriate, and

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what preference, if any, the minor has as to the
2

permanency goal;
3

(iii) whether the minor is of sufficient age to
4

remember the minor's parents and if the child values
5

this familial identity;
6

(iv) whether the minor is placed with a relative,
7

and beginning July 1, 2025, whether the minor is
8

placed in a relative home as defined in Section 4d of
9

the Children and Family Services Act or in a certified
10

relative caregiver home as defined in Section 2.36 of
11

the Child Care Act of 1969; and
12

(v) whether the parent or parents have been
13

informed about guardianship and adoption, and, if
14

appropriate, what preferences, if any, the parent or
15

parents have as to the permanency goal.
16

(D) The minor will be in substitute care pending court
17

determination on termination of parental rights. Prior to
18

changing the goal to substitute care pending court
19

determination on termination of parental rights, the court
20

shall consider the following:
21

(i) whether the agency has discussed adoption and
22

guardianship with the caregiver and what preference,
23

if any, the caregiver has as to the permanency goal;
24

(ii) whether the agency has discussed adoption and
25

guardianship with the minor, as age-appropriate, and
26

what preference, if any, the minor has as to the

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1

permanency goal;
2

(iii) whether the minor is of sufficient age to
3

remember the minor's parents and if the child values
4

this familial identity;
5

(iv) whether the minor is placed with a relative,
6

and beginning July 1, 2025, whether the minor is
7

placed in a relative home as defined in Section 4d of
8

the Children and Family Services Act, in a certified
9

relative caregiver home as defined in Section 2.36 of
10

the Child Care Act of 1969;
11

(v) whether the minor is already placed in a
12

pre-adoptive home, and if not, whether such a home has
13

been identified; and
14

(vi) whether the parent or parents have been
15

informed about guardianship and adoption, and, if
16

appropriate, what preferences, if any, the parent or
17

parents have as to the permanency goal.
18

(E) Adoption, provided that parental rights have been
19

terminated or relinquished.
20

(F) Provided that permanency goals (A) through (E)
21

have been deemed inappropriate and not in the minor's best
22

interests, the minor over age 15 will be in substitute
23

care pending independence. In selecting this permanency
24

goal, the Department of Children and Family Services may
25

provide services to enable reunification and to strengthen
26

the minor's connections with family, fictive kin, and

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1

other responsible adults, provided the services are in the
2

minor's best interest. The services shall be documented in
3

the service plan.
4

(G) The minor will be in substitute care because the
5

minor cannot be provided for in a home environment due to
6

developmental disabilities or mental illness or because
7

the minor is a danger to self or others, provided that
8

goals (A) through (E) have been deemed inappropriate and
9

not in the child's best interests.
10

In selecting any permanency goal, the court shall indicate
11
in writing the reasons the goal was selected
. If the court has
12
selected a permanency goal other than (A), (B), or (B-1), the
13
court shall indicate in writing why permanency goals (A), (B),
14
and (B-1)

and why the preceding goals
were deemed
15
inappropriate and not in the child's best interest. Where the
16
court has selected a permanency goal other than (A), (B), or
17
(B-1), the Department of Children and Family Services shall
18
not provide further reunification services, except as provided
19
in paragraph (F) of this subsection (2.3), but shall provide
20
services consistent with the goal selected.
21

(H) Notwithstanding any other provision in this
22

Section, the court may select the goal of continuing
23

foster care as a permanency goal if:
24

(1) The Department of Children and Family Services
25

has custody and guardianship of the minor;
26

(2) The court has deemed all other permanency

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goals inappropriate based on the child's best
2

interest;
3

(3) The court has found compelling reasons, based
4

on written documentation reviewed by the court, to
5

place the minor in continuing foster care. Compelling
6

reasons include:
7

(a) the child does not wish to be adopted or to
8

be placed in the guardianship of the minor's
9

relative, certified relative caregiver, or foster
10

care placement;
11

(b) the child exhibits an extreme level of
12

need such that the removal of the child from the
13

minor's placement would be detrimental to the
14

child; or
15

(c) the child who is the subject of the
16

permanency hearing has existing close and strong
17

bonds with a sibling, and achievement of another
18

permanency goal would substantially interfere with
19

the subject child's sibling relationship, taking
20

into consideration the nature and extent of the
21

relationship, and whether ongoing contact is in
22

the subject child's best interest, including
23

long-term emotional interest, as compared with the
24

legal and emotional benefit of permanence;
25

(4) The child has lived with the relative,
26

certified relative caregiver, or foster parent for at

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1

least one year; and
2

(5) The relative, certified relative caregiver, or
3

foster parent currently caring for the child is
4

willing and capable of providing the child with a
5

stable and permanent environment.
6

(2.4) The court shall set a permanency goal that is in the
7
best interest of the child. In determining that goal, the
8
court shall consult with the minor in an age-appropriate
9
manner regarding the proposed permanency or transition plan
10
for the minor. The court's determination shall include the
11
following factors:
12

(A) Age of the child.
13

(B) Options available for permanence, including both
14

out-of-state and in-state placement options.
15

(C) Current placement of the child and the intent of
16

the family regarding subsidized guardianship and adoption.
17

(D) Emotional, physical, and mental status or
18

condition of the child.
19

(E) Types of services previously offered and whether
20

or not the services were successful and, if not
21

successful, the reasons the services failed.
22

(F) Availability of services currently needed and
23

whether the services exist.
24

(G) Status of siblings of the minor.
25

(H) If the minor is not currently in a placement
26

likely to achieve permanency, whether there is an

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1

identified and willing potential permanent caregiver for
2

the minor, and if so, that potential permanent caregiver's
3

intent regarding guardianship and adoption.
4

The court shall consider (i) the permanency goal contained
5
in the service plan, (ii) the appropriateness of the services
6
contained in the plan and whether those services have been
7
provided, (iii) whether reasonable efforts have been made by
8
all the parties to the service plan to achieve the goal, and
9
(iv) whether the plan and goal have been achieved. All
10
evidence relevant to determining these questions, including
11
oral and written reports, may be admitted and may be relied on
12
to the extent of their probative value.
13

The court shall make findings as to whether, in violation
14
of Section 8.2 of the Abused and Neglected Child Reporting
15
Act, any portion of the service plan compels a child or parent
16
to engage in any activity or refrain from any activity that is
17
not reasonably related to remedying a condition or conditions
18
that gave rise or which could give rise to any finding of child
19
abuse or neglect. The services contained in the service plan
20
shall include services reasonably related to remedy the
21
conditions that gave rise to removal of the child from the home
22
of the child's parents, guardian, or legal custodian or that
23
the court has found must be remedied prior to returning the
24
child home. Any tasks the court requires of the parents,
25
guardian, or legal custodian or child prior to returning the
26
child home must be reasonably related to remedying a condition

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1
or conditions that gave rise to or which could give rise to any
2
finding of child abuse or neglect.
3

If the permanency goal is to return home, the court shall
4
make findings that identify any problems that are causing
5
continued placement of the children away from the home and
6
identify what outcomes would be considered a resolution to
7
these problems. The court shall explain to the parents that
8
these findings are based on the information that the court has
9
at that time and may be revised, should additional evidence be
10
presented to the court.
11

The court shall review the Sibling Contact Support Plan
12
developed or modified under subsection (f) of Section 7.4 of
13
the Children and Family Services Act, if applicable. If the
14
Department has not convened a meeting to develop or modify a
15
Sibling Contact Support Plan, or if the court finds that the
16
existing Plan is not in the child's best interest, the court
17
may enter an order requiring the Department to develop,
18
modify, or implement a Sibling Contact Support Plan, or order
19
mediation.
20

Beginning July 1, 2025, the court shall review the Ongoing
21
Family Finding and Relative Engagement Plan required under
22
Section 2-27.3. If the court finds that the plan is not in the
23
minor's best interest, the court shall enter specific factual
24
findings and order the Department to modify the plan
25
consistent with the court's findings.
26

If the goal has been achieved, the court shall enter

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1
orders that are necessary to conform the minor's legal custody
2
and status to those findings.
3

If, after receiving evidence, the court determines that
4
the services contained in the plan are not reasonably
5
calculated to facilitate achievement of the permanency goal,
6
the court shall put in writing the factual basis supporting
7
the determination and enter specific findings based on the
8
evidence. The court also shall enter an order for the
9
Department to develop and implement a new service plan or to
10
implement changes to the current service plan consistent with
11
the court's findings. The new service plan shall be filed with
12
the court and served on all parties within 45 days of the date
13
of the order. The court shall continue the matter until the new
14
service plan is filed. Except as authorized by subsection
15
(2.5) of this Section and as otherwise specifically authorized
16
by law, the court is not empowered under this Section to order
17
specific placements, specific services, or specific service
18
providers to be included in the service plan.
19

A guardian or custodian appointed by the court pursuant to
20
this Act shall file updated case plans with the court every 6
21
months.
22

Rights of wards of the court under this Act are
23
enforceable against any public agency by complaints for relief
24
by mandamus filed in any proceedings brought under this Act.
25

(2.5) If, after reviewing the evidence, including evidence
26
from the Department, the court determines that the minor's

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1
current or planned placement is not necessary or appropriate
2
to facilitate achievement of the permanency goal, the court
3
shall put in writing the factual basis supporting its
4
determination and enter specific findings based on the
5
evidence. If the court finds that the minor's current or
6
planned placement is not necessary or appropriate, the court
7
may enter an order directing the Department to implement a
8
recommendation by the minor's treating clinician or a
9
clinician contracted by the Department to evaluate the minor
10
or a recommendation made by the Department. If the Department
11
places a minor in a placement under an order entered under this
12
subsection (2.5), the Department has the authority to remove
13
the minor from that placement when a change in circumstances
14
necessitates the removal to protect the minor's health,
15
safety, and best interest. If the Department determines
16
removal is necessary, the Department shall notify the parties
17
of the planned placement change in writing no later than 10
18
days prior to the implementation of its determination unless
19
remaining in the placement poses an imminent risk of harm to
20
the minor, in which case the Department shall notify the
21
parties of the placement change in writing immediately
22
following the implementation of its decision. The Department
23
shall notify others of the decision to change the minor's
24
placement as required by Department rule.
25

(3) Following the permanency hearing, the court shall
26
enter a written order that includes the determinations

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1
required under subsections (2) and (2.3) of this Section and
2
sets forth the following:
3

(a) The future status of the minor, including the
4

permanency goal, and any order necessary to conform the
5

minor's legal custody and status to such determination; or
6

(b) If the permanency goal of the minor cannot be
7

achieved immediately, the specific reasons for continuing
8

the minor in the care of the Department of Children and
9

Family Services or other agency for short-term placement,
10

and the following determinations:
11

(i) (Blank).
12

(ii) Whether the services required by the court
13

and by any service plan prepared within the prior 6
14

months have been provided and (A) if so, whether the
15

services were reasonably calculated to facilitate the
16

achievement of the permanency goal or (B) if not
17

provided, why the services were not provided.
18

(iii) Whether the minor's current or planned
19

placement is necessary, and appropriate to the plan
20

and goal, recognizing the right of minors to the least
21

restrictive (most family-like) setting available and
22

in close proximity to the parents' home consistent
23

with the health, safety, best interest, and special
24

needs of the minor and, if the minor is placed
25

out-of-state, whether the out-of-state placement
26

continues to be appropriate and consistent with the

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1

health, safety, and best interest of the minor.
2

(iv) (Blank).
3

(v) (Blank).
4

(4) The minor or any person interested in the minor may
5
apply to the court for a change in custody of the minor and the
6
appointment of a new custodian or guardian of the person or for
7
the restoration of the minor to the custody of the minor's
8
parents or former guardian or custodian.
9

When return home is not selected as the permanency goal:
10

(a) The Department, the minor, or the current foster
11

parent or relative caregiver seeking private guardianship
12

may file a motion for private guardianship of the minor.
13

Appointment of a guardian under this Section requires
14

approval of the court.
15

(b) The State's Attorney may file a motion to
16

terminate parental rights of any parent who has failed to
17

make reasonable efforts to correct the conditions which
18

led to the removal of the child or reasonable progress
19

toward the return of the child, as defined in subdivision
20

(D)(m) of Section 1 of the Adoption Act or for whom any
21

other unfitness ground for terminating parental rights as
22

defined in subdivision (D) of Section 1 of the Adoption
23

Act exists.
24

When parental rights have been terminated for a
25

minimum of 3 years and the child who is the subject of the
26

permanency hearing is 13 years old or older and is not

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1

currently placed in a placement likely to achieve
2

permanency, the Department of Children and Family Services
3

shall make reasonable efforts to locate parents whose
4

rights have been terminated, except when the Court
5

determines that those efforts would be futile or
6

inconsistent with the subject child's best interests. The
7

Department of Children and Family Services shall assess
8

the appropriateness of the parent whose rights have been
9

terminated, and shall, as appropriate, foster and support
10

connections between the parent whose rights have been
11

terminated and the youth. The Department of Children and
12

Family Services shall document its determinations and
13

efforts to foster connections in the child's case plan.
14

Custody of the minor shall not be restored to any parent,
15
guardian, or legal custodian in any case in which the minor is
16
found to be neglected or abused under Section 2-3 or dependent
17
under Section 2-4 of this Act, unless the minor can be cared
18
for at home without endangering the minor's health or safety
19
and it is in the best interest of the minor, and if such
20
neglect, abuse, or dependency is found by the court under
21
paragraph (1) of Section 2-21 of this Act to have come about
22
due to the acts or omissions or both of such parent, guardian,
23
or legal custodian, until such time as an investigation is
24
made as provided in paragraph (5) and a hearing is held on the
25
issue of the health, safety, and best interest of the minor and
26
the fitness of such parent, guardian, or legal custodian to

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1
care for the minor and the court enters an order that such
2
parent, guardian, or legal custodian is fit to care for the
3
minor. If a motion is filed to modify or vacate a private
4
guardianship order and return the child to a parent, guardian,
5
or legal custodian, the court may order the Department of
6
Children and Family Services to assess the minor's current and
7
proposed living arrangements and to provide ongoing monitoring
8
of the health, safety, and best interest of the minor during
9
the pendency of the motion to assist the court in making that
10
determination. In the event that the minor has attained 18
11
years of age and the guardian or custodian petitions the court
12
for an order terminating the minor's guardianship or custody,
13
guardianship or custody shall terminate automatically 30 days
14
after the receipt of the petition unless the court orders
15
otherwise. No legal custodian or guardian of the person may be
16
removed without the legal custodian's or guardian's consent
17
until given notice and an opportunity to be heard by the court.
18

When the court orders a child restored to the custody of
19
the parent or parents, the court shall order the parent or
20
parents to cooperate with the Department of Children and
21
Family Services and comply with the terms of an
aftercare

22
after-care
plan, or risk the loss of custody of the child and
23
possible termination of their parental rights. The court may
24
also enter an order of protective supervision in accordance
25
with Section 2-24.
26

If the minor is being restored to the custody of a parent,

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1
legal custodian, or guardian who lives outside of Illinois,
2
and an Interstate Compact has been requested and refused, the
3
court may order the Department of Children and Family Services
4
to arrange for an assessment of the minor's proposed living
5
arrangement and for ongoing monitoring of the health, safety,
6
and best interest of the minor and compliance with any order of
7
protective supervision entered in accordance with Section
8
2-24.
9

(5) Whenever a parent, guardian, or legal custodian files
10
a motion for restoration of custody of the minor, and the minor
11
was adjudicated neglected, abused, or dependent as a result of
12
physical abuse, the court shall cause to be made an
13
investigation as to whether the movant has ever been charged
14
with or convicted of any criminal offense which would indicate
15
the likelihood of any further physical abuse to the minor.
16
Evidence of such criminal convictions shall be taken into
17
account in determining whether the minor can be cared for at
18
home without endangering the minor's health or safety and
19
fitness of the parent, guardian, or legal custodian.
20

(a) Any agency of this State or any subdivision
21

thereof shall cooperate with the agent of the court in
22

providing any information sought in the investigation.
23

(b) The information derived from the investigation and
24

any conclusions or recommendations derived from the
25

information shall be provided to the parent, guardian, or
26

legal custodian seeking restoration of custody prior to

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1

the hearing on fitness and the movant shall have an
2

opportunity at the hearing to refute the information or
3

contest its significance.
4

(c) All information obtained from any investigation
5

shall be confidential as provided in Section 5-150 of this
6

Act.
7
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
8
103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
9
2-5-25; 104-2, eff. 6-16-25; revised 8-20-25.)

10

(Text of Section after amendment by P.A. 104-107
)
11

Sec. 2-28.
Court review.
12

(1) The court may require any legal custodian or guardian
13
of the person appointed under this Act to report periodically
14
to the court or may cite the legal custodian or guardian into
15
court and require the legal custodian, guardian, or the legal
16
custodian's or guardian's agency to make a full and accurate
17
report of the doings of the legal custodian, guardian, or
18
agency on behalf of the minor. The custodian or guardian,
19
within 10 days after such citation, or earlier if the court
20
determines it to be necessary to protect the health, safety,
21
or welfare of the minor, shall make the report, either in
22
writing verified by affidavit or orally under oath in open
23
court, or otherwise as the court directs. Upon the hearing of
24
the report the court may remove the custodian or guardian and
25
appoint another in the custodian's or guardian's stead or

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1
restore the minor to the custody of the minor's parents or
2
former guardian or custodian. However, custody of the minor
3
shall not be restored to any parent, guardian, or legal
4
custodian in any case in which the minor is found to be
5
neglected or abused under Section 2-3 or dependent under
6
Section 2-4 of this Act, unless the minor can be cared for at
7
home without endangering the minor's health or safety and it
8
is in the best interests of the minor, and if such neglect,
9
abuse, or dependency is found by the court under paragraph (1)
10
of Section 2-21 of this Act to have come about due to the acts
11
or omissions or both of such parent, guardian, or legal
12
custodian, until such time as an investigation is made as
13
provided in paragraph (5) and a hearing is held on the issue of
14
the fitness of such parent, guardian, or legal custodian to
15
care for the minor and the court enters an order that such
16
parent, guardian, or legal custodian is fit to care for the
17
minor.
18

(1.5) The public agency that is the custodian or guardian
19
of the minor shall file a written report with the court no
20
later than 15 days after a minor in the agency's care remains:
21

(1) in a shelter placement beyond 30 days;
22

(2) in a psychiatric hospital past the time when the
23

minor is clinically ready for discharge or beyond medical
24

necessity for the minor's health; or
25

(3) in a detention center or Department of Juvenile
26

Justice facility solely because the public agency cannot

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1

find an appropriate placement for the minor.
2

The report shall explain the steps the agency is taking to
3
ensure the minor is placed appropriately, how the minor's
4
needs are being met in the minor's shelter placement, and if a
5
future placement has been identified by the Department, why
6
the anticipated placement is appropriate for the needs of the
7
minor and the anticipated placement date.
8

(1.6) Within 30 days after placing a child in its care in a
9
qualified residential treatment program, as defined by the
10
federal Social Security Act, the Department of Children and
11
Family Services shall prepare a written report for filing with
12
the court and send copies of the report to all parties. Within
13
20 days of the filing of the report, or as soon thereafter as
14
the court's schedule allows but not more than 60 days from the
15
date of placement, the court shall hold a hearing to consider
16
the Department's report and determine whether placement of the
17
child in a qualified residential treatment program provides
18
the most effective and appropriate level of care for the child
19
in the least restrictive environment and if the placement is
20
consistent with the short-term and long-term goals for the
21
child, as specified in the permanency plan for the child. The
22
court shall approve or disapprove the placement. If
23
applicable, the requirements of Sections 2-27.1 and 2-27.2
24
must also be met. The Department's written report and the
25
court's written determination shall be included in and made
26
part of the case plan for the child. If the child remains

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LRB104 20395 RLC 33855 b
1
placed in a qualified residential treatment program, the
2
Department shall submit evidence at each status and permanency
3
hearing:
4

(A) demonstrating that
ongoing

on-going
assessment of
5

the strengths and needs of the child continues to support
6

the determination that the child's needs cannot be met
7

through placement in a foster family home, that the
8

placement provides the most effective and appropriate
9

level of care for the child in the least restrictive,
10

appropriate environment, and that the placement is
11

consistent with the short-term and long-term permanency
12

goal for the child, as specified in the permanency plan
13

for the child;
14

(B) documenting the specific treatment or service
15

needs that should be met for the child in the placement and
16

the length of time the child is expected to need the
17

treatment or services;
18

(C) detailing the efforts made by the agency to
19

prepare the child to return home or to be placed with a fit
20

and willing relative, a legal guardian, or an adoptive
21

parent, or in a foster family home;
22

(D) beginning July 1, 2025, documenting the
23

Department's efforts regarding ongoing family finding and
24

relative engagement required under Section 2-27.3; and
25

(E) detailing efforts to ensure the minor is engaged
26

in age and developmentally appropriate activities to

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develop life skills, which may include extracurricular
2

activities, coaching by caregivers, or instruction in
3

individual or group settings. For minors who have
4

participated in life skills assessments, the results of
5

such assessments and how the minor's identified needs are
6

being addressed.
7

(2) The first permanency hearing shall be conducted by the
8
judge. Subsequent permanency hearings may be heard by a judge
9
or by hearing officers appointed or approved by the court in
10
the manner set forth in Section 2-28.1 of this Act. The initial
11
hearing shall be held (a) within 12 months from the date
12
temporary custody was taken, regardless of whether an
13
adjudication or dispositional hearing has been completed
14
within that time frame, (b) if the parental rights of both
15
parents have been terminated in accordance with the procedure
16
described in subsection (5) of Section 2-21, within 30 days of
17
the order for termination of parental rights and appointment
18
of a guardian with power to consent to adoption, or (c) in
19
accordance with subsection (2) of Section 2-13.1. Subsequent
20
permanency hearings shall be held every 6 months or more
21
frequently if necessary in the court's determination following
22
the initial permanency hearing, in accordance with the
23
standards set forth in this Section, until the court
24
determines that the plan and goal have been achieved. Once the
25
plan and goal have been achieved, if the minor remains in
26
substitute care, the case shall be reviewed at least every 6

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months thereafter, subject to the provisions of this Section,
2
unless the minor is placed in the guardianship of a suitable
3
relative or other person and the court determines that further
4
monitoring by the court does not further the health, safety,
5
or best interest of the child and that this is a stable
6
permanent placement. The permanency hearings must occur within
7
the time frames set forth in this subsection and may not be
8
delayed in anticipation of a report from any source or due to
9
the agency's failure to timely file its written report (this
10
written report means the one required under the next paragraph
11
and does not mean the service plan also referred to in that
12
paragraph).
13

The public agency that is the custodian or guardian of the
14
minor, or another agency responsible for the minor's care,
15
shall ensure that all parties to the permanency hearings are
16
provided a copy of the most recent service plan prepared
17
within the prior 6 months at least 14 days in advance of the
18
hearing. If not contained in the agency's service plan, the
19
agency shall also include a report setting forth the
20
following:
21

(A) any special physical, psychological, educational,
22

medical, emotional, or other needs of the minor or the
23

minor's family that are relevant to a permanency or
24

placement determination, and for any minor age 16 or over,
25

a written description of the programs and services that
26

will enable the minor to prepare for independent living;

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(B) beginning July 1, 2025, a written description of
2

ongoing family finding and relative engagement efforts in
3

accordance with the requirements under Section 2-27.3 the
4

agency has undertaken since the most recent report to the
5

court to plan for the emotional and legal permanency of
6

the minor;
7

(C) whether a minor is placed in a licensed child care
8

facility under a corrective plan by the Department due to
9

concerns impacting the minor's safety and well-being. The
10

report shall explain the steps the Department is taking to
11

ensure the safety and well-being of the minor and that the
12

minor's needs are met in the facility;
13

(D) detail regarding what progress or lack of progress
14

the parent has made in correcting the conditions requiring
15

the child to be in care; whether the child can be returned
16

home without jeopardizing the child's health, safety, and
17

welfare, what permanency goal is recommended to be in the
18

best interests of the child, and the reasons for the
19

recommendation. If a permanency goal under paragraph (A),
20

(B), or (B-1) of subsection (2.3) have been deemed
21

inappropriate and not in the minor's best interest, the
22

report must include the following information:
23

(i) confirmation that the caseworker has discussed
24

the permanency options and subsidies available for
25

guardianship and adoption with the minor's caregivers,
26

the minor's parents, as appropriate, and has discussed

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the available permanency options with the minor in an
2

age-appropriate manner;
3

(ii) confirmation that the caseworker has
4

discussed with the minor's caregivers, the minor's
5

parents, as appropriate, and the minor as
6

age-appropriate, the distinctions between guardianship
7

and adoption, including, but not limited to, that
8

guardianship does not require termination of the
9

parent's rights or the consent of the parent;
10

(iii) a description of the stated preferences and
11

concerns, if any, the minor, the parent as
12

appropriate, and the caregiver expressed relating to
13

the options of guardianship and adoption, and the
14

reasons for the preferences;
15

(iv) if the minor is not currently in a placement
16

that will provide permanency, identification of all
17

persons presently willing and able to provide
18

permanency to the minor through either guardianship or
19

adoption, and beginning July 1, 2025, if none are
20

available, a description of the efforts made in
21

accordance with Section 2-27.3; and
22

(v) state the recommended permanency goal, why
23

that goal is recommended, and why the other potential
24

goals were not recommended.
25

The caseworker must appear and testify at the permanency
26
hearing. If a permanency hearing has not previously been

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scheduled by the court, the moving party shall move for the
2
setting of a permanency hearing and the entry of an order
3
within the time frames set forth in this subsection.
4

(2.3) At the permanency hearing, the court shall determine
5
the permanency goal of the child. The court shall set one of
6
the following permanency goals:
7

(A) The minor will be returned home by a specific date
8

within 5 months.
9

(B) The minor will be in short-term care with a
10

continued goal to return home within a period not to
11

exceed one year, where the progress of the parent or
12

parents is substantial giving particular consideration to
13

the age and individual needs of the minor.
14

(B-1) The minor will be in short-term care with a
15

continued goal to return home pending a status hearing.
16

When the court finds that a parent has not made reasonable
17

efforts or reasonable progress to date, the court shall
18

identify what actions the parent and the Department must
19

take in order to justify a finding of reasonable efforts
20

or reasonable progress and shall set a status hearing to
21

be held not earlier than 9 months from the date of
22

adjudication nor later than 11 months from the date of
23

adjudication during which the parent's progress will again
24

be reviewed.
25

If the court has determined that goals (A), (B), and
26

(B-1) are not appropriate and not in the minor's best

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interest, the court may select one of the following goals:
2

(C), (D), (E), (F), (G), or (H) for the minor as
3

appropriate and based on the best interests of the minor.
4

The court shall determine the appropriate goal for the
5

minor based on best interest factors and any
6

considerations outlined in that goal.
7

(C) The guardianship of the minor shall be transferred
8

to an individual or couple on a permanent basis. Prior to
9

changing the goal to guardianship, the court shall
10

consider the following:
11

(i) whether the agency has discussed adoption and
12

guardianship with the caregiver and what preference,
13

if any, the caregiver has as to the permanency goal;
14

(ii) whether the agency has discussed adoption and
15

guardianship with the minor, as age-appropriate, and
16

what preference, if any, the minor has as to the
17

permanency goal;
18

(iii) whether the minor is of sufficient age to
19

remember the minor's parents and if the child values
20

this familial identity;
21

(iv) whether the minor is placed with a relative,
22

and beginning July 1, 2025, whether the minor is
23

placed in a relative home as defined in Section 4d of
24

the Children and Family Services Act or in a certified
25

relative caregiver home as defined in Section 2.36 of
26

the Child Care Act of 1969; and

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(v) whether the parent or parents have been
2

informed about guardianship and adoption, and, if
3

appropriate, what preferences, if any, the parent or
4

parents have as to the permanency goal.
5

(D) The minor will be in substitute care pending court
6

determination on termination of parental rights. Prior to
7

changing the goal to substitute care pending court
8

determination on termination of parental rights, the court
9

shall consider the following:
10

(i) whether the agency has discussed adoption and
11

guardianship with the caregiver and what preference,
12

if any, the caregiver has as to the permanency goal;
13

(ii) whether the agency has discussed adoption and
14

guardianship with the minor, as age-appropriate, and
15

what preference, if any, the minor has as to the
16

permanency goal;
17

(iii) whether the minor is of sufficient age to
18

remember the minor's parents and if the child values
19

this familial identity;
20

(iv) whether the minor is placed with a relative,
21

and beginning July 1, 2025, whether the minor is
22

placed in a relative home as defined in Section 4d of
23

the Children and Family Services Act, in a certified
24

relative caregiver home as defined in Section 2.36 of
25

the Child Care Act of 1969;
26

(v) whether the minor is already placed in a

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pre-adoptive home, and if not, whether such a home has
2

been identified; and
3

(vi) whether the parent or parents have been
4

informed about guardianship and adoption, and, if
5

appropriate, what preferences, if any, the parent or
6

parents have as to the permanency goal.
7

(E) Adoption, provided that parental rights have been
8

terminated or relinquished.
9

(F) Provided that permanency goals (A) through (E)
10

have been deemed inappropriate and not in the minor's best
11

interests, the minor over age 15 will be in substitute
12

care pending independence. In selecting this permanency
13

goal, the Department of Children and Family Services may
14

provide services to enable reunification and to strengthen
15

the minor's connections with family, fictive kin, and
16

other responsible adults, provided the services are in the
17

minor's best interest. The services shall be documented in
18

the service plan.
19

(G) The minor will be in substitute care because the
20

minor cannot be provided for in a home environment due to
21

developmental disabilities or mental illness or because
22

the minor is a danger to self or others, provided that
23

goals (A) through (E) have been deemed inappropriate and
24

not in the child's best interests.
25

In selecting any permanency goal, the court shall indicate
26
in writing the reasons the goal was selected
. If the court has

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selected a permanency goal other than (A), (B), or (B-1), the
2
court shall indicate in writing why permanency goals (A), (B),
3
and (B-1)

and why the preceding goals
were deemed
4
inappropriate and not in the child's best interest. Where the
5
court has selected a permanency goal other than (A), (B), or
6
(B-1), the Department of Children and Family Services shall
7
not provide further reunification services, except as provided
8
in paragraph (F) of this subsection (2.3), but shall provide
9
services consistent with the goal selected.
10

(H) Notwithstanding any other provision in this
11

Section, the court may select the goal of continuing
12

foster care as a permanency goal if:
13

(1) The Department of Children and Family Services
14

has custody and guardianship of the minor;
15

(2) The court has deemed all other permanency
16

goals inappropriate based on the child's best
17

interest;
18

(3) The court has found compelling reasons, based
19

on written documentation reviewed by the court, to
20

place the minor in continuing foster care. Compelling
21

reasons include:
22

(a) the child does not wish to be adopted or to
23

be placed in the guardianship of the minor's
24

relative, certified relative caregiver, or foster
25

care placement;
26

(b) the child exhibits an extreme level of

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need such that the removal of the child from the
2

minor's placement would be detrimental to the
3

child; or
4

(c) the child who is the subject of the
5

permanency hearing has existing close and strong
6

bonds with a sibling, and achievement of another
7

permanency goal would substantially interfere with
8

the subject child's sibling relationship, taking
9

into consideration the nature and extent of the
10

relationship, and whether ongoing contact is in
11

the subject child's best interest, including
12

long-term emotional interest, as compared with the
13

legal and emotional benefit of permanence;
14

(4) The child has lived with the relative,
15

certified relative caregiver, or foster parent for at
16

least one year; and
17

(5) The relative, certified relative caregiver, or
18

foster parent currently caring for the child is
19

willing and capable of providing the child with a
20

stable and permanent environment.
21

(2.4) The court shall set a permanency goal that is in the
22
best interest of the child. In determining that goal, the
23
court shall consult with the minor in an age-appropriate
24
manner regarding the proposed permanency or transition plan
25
for the minor. The court's determination shall include the
26
following factors:

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(A) Age of the child.
2

(B) Options available for permanence, including both
3

out-of-state and in-state placement options.
4

(C) Current placement of the child and the intent of
5

the family regarding subsidized guardianship and adoption.
6

(D) Emotional, physical, and mental status or
7

condition of the child.
8

(E) Types of services previously offered and whether
9

or not the services were successful and, if not
10

successful, the reasons the services failed.
11

(F) Availability of services currently needed and
12

whether the services exist.
13

(G) Status of siblings of the minor.
14

(H) If the minor is not currently in a placement
15

likely to achieve permanency, whether there is an
16

identified and willing potential permanent caregiver for
17

the minor, and if so, that potential permanent caregiver's
18

intent regarding guardianship and adoption.
19

The court shall consider (i) the permanency goal contained
20
in the service plan, (ii) the appropriateness of the services
21
contained in the plan and whether those services have been
22
provided, (iii) whether reasonable efforts have been made by
23
all the parties to the service plan to achieve the goal, and
24
(iv) whether the plan and goal have been achieved. All
25
evidence relevant to determining these questions, including
26
oral and written reports, may be admitted and may be relied on

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to the extent of their probative value.
2

The court shall make findings as to whether, in violation
3
of Section 8.2 of the Abused and Neglected Child Reporting
4
Act, any portion of the service plan compels a child or parent
5
to engage in any activity or refrain from any activity that is
6
not reasonably related to remedying a condition or conditions
7
that gave rise or which could give rise to any finding of child
8
abuse or neglect. The services contained in the service plan
9
shall include services reasonably related to remedy the
10
conditions that gave rise to removal of the child from the home
11
of the child's parents, guardian, or legal custodian or that
12
the court has found must be remedied prior to returning the
13
child home. Any tasks the court requires of the parents,
14
guardian, or legal custodian or child prior to returning the
15
child home must be reasonably related to remedying a condition
16
or conditions that gave rise to or which could give rise to any
17
finding of child abuse or neglect.
18

If the permanency goal is to return home, the court shall
19
make findings that identify any problems that are causing
20
continued placement of the children away from the home and
21
identify what outcomes would be considered a resolution to
22
these problems. The court shall explain to the parents that
23
these findings are based on the information that the court has
24
at that time and may be revised, should additional evidence be
25
presented to the court.
26

The court shall review the Sibling Contact Support Plan

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developed or modified under subsection (f) of Section 7.4 of
2
the Children and Family Services Act, if applicable. If the
3
Department has not convened a meeting to develop or modify a
4
Sibling Contact Support Plan, or if the court finds that the
5
existing Plan is not in the child's best interest, the court
6
may enter an order requiring the Department to develop,
7
modify, or implement a Sibling Contact Support Plan, or order
8
mediation.
9

The court shall review the Department's efforts to provide
10
the minor with age and developmentally appropriate life
11
skills. If the court finds the Department's efforts are not in
12
the minor's best interest, the court may enter an order
13
requiring the Department to develop, modify, or implement the
14
service plan to develop the minor's life skills in an age and
15
developmentally appropriate manner.
16

Beginning July 1, 2025, the court shall review the Ongoing
17
Family Finding and Relative Engagement Plan required under
18
Section 2-27.3. If the court finds that the plan is not in the
19
minor's best interest, the court shall enter specific factual
20
findings and order the Department to modify the plan
21
consistent with the court's findings.
22

If the goal has been achieved, the court shall enter
23
orders that are necessary to conform the minor's legal custody
24
and status to those findings.
25

If, after receiving evidence, the court determines that
26
the services contained in the plan are not reasonably

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calculated to facilitate achievement of the permanency goal,
2
the court shall put in writing the factual basis supporting
3
the determination and enter specific findings based on the
4
evidence. The court also shall enter an order for the
5
Department to develop and implement a new service plan or to
6
implement changes to the current service plan consistent with
7
the court's findings. The new service plan shall be filed with
8
the court and served on all parties within 45 days of the date
9
of the order. The court shall continue the matter until the new
10
service plan is filed. Except as authorized by subsection
11
(2.5) of this Section and as otherwise specifically authorized
12
by law, the court is not empowered under this Section to order
13
specific placements, specific services, or specific service
14
providers to be included in the service plan.
15

A guardian or custodian appointed by the court pursuant to
16
this Act shall file updated case plans with the court every 6
17
months.
18

Rights of wards of the court under this Act are
19
enforceable against any public agency by complaints for relief
20
by mandamus filed in any proceedings brought under this Act.
21

(2.5) If, after reviewing the evidence, including evidence
22
from the Department, the court determines that the minor's
23
current or planned placement is not necessary or appropriate
24
to facilitate achievement of the permanency goal, the court
25
shall put in writing the factual basis supporting its
26
determination and enter specific findings based on the

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1
evidence. If the court finds that the minor's current or
2
planned placement is not necessary or appropriate, the court
3
may enter an order directing the Department to implement a
4
recommendation by the minor's treating clinician or a
5
clinician contracted by the Department to evaluate the minor
6
or a recommendation made by the Department. If the Department
7
places a minor in a placement under an order entered under this
8
subsection (2.5), the Department has the authority to remove
9
the minor from that placement when a change in circumstances
10
necessitates the removal to protect the minor's health,
11
safety, and best interest. If the Department determines
12
removal is necessary, the Department shall notify the parties
13
of the planned placement change in writing no later than 10
14
days prior to the implementation of its determination unless
15
remaining in the placement poses an imminent risk of harm to
16
the minor, in which case the Department shall notify the
17
parties of the placement change in writing immediately
18
following the implementation of its decision. The Department
19
shall notify others of the decision to change the minor's
20
placement as required by Department rule.
21

(3) Following the permanency hearing, the court shall
22
enter a written order that includes the determinations
23
required under subsections (2) and (2.3) of this Section and
24
sets forth the following:
25

(a) The future status of the minor, including the
26

permanency goal, and any order necessary to conform the

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1

minor's legal custody and status to such determination; or
2

(b) If the permanency goal of the minor cannot be
3

achieved immediately, the specific reasons for continuing
4

the minor in the care of the Department of Children and
5

Family Services or other agency for short-term placement,
6

and the following determinations:
7

(i) (Blank).
8

(ii) Whether the services required by the court
9

and by any service plan prepared within the prior 6
10

months have been provided and (A) if so, whether the
11

services were reasonably calculated to facilitate the
12

achievement of the permanency goal or (B) if not
13

provided, why the services were not provided.
14

(iii) Whether the minor's current or planned
15

placement is necessary, and appropriate to the plan
16

and goal, recognizing the right of minors to the least
17

restrictive (most family-like) setting available and
18

in close proximity to the parents' home consistent
19

with the health, safety, best interest, and special
20

needs of the minor and, if the minor is placed
21

out-of-state, whether the out-of-state placement
22

continues to be appropriate and consistent with the
23

health, safety, and best interest of the minor.
24

(iv) (Blank).
25

(v) (Blank).
26

If the court sets a permanency goal of independence or if

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1
the minor is 17 years of age or older, the court shall schedule
2
a Successful Transition to Adulthood Review hearing in
3
accordance with Section 2-28.2.
4

(4) The minor or any person interested in the minor may
5
apply to the court for a change in custody of the minor and the
6
appointment of a new custodian or guardian of the person or for
7
the restoration of the minor to the custody of the minor's
8
parents or former guardian or custodian.
9

When return home is not selected as the permanency goal:
10

(a) The Department, the minor, or the current foster
11

parent or relative caregiver seeking private guardianship
12

may file a motion for private guardianship of the minor.
13

Appointment of a guardian under this Section requires
14

approval of the court.
15

(b) The State's Attorney may file a motion to
16

terminate parental rights of any parent who has failed to
17

make reasonable efforts to correct the conditions which
18

led to the removal of the child or reasonable progress
19

toward the return of the child, as defined in subdivision
20

(D)(m) of Section 1 of the Adoption Act or for whom any
21

other unfitness ground for terminating parental rights as
22

defined in subdivision (D) of Section 1 of the Adoption
23

Act exists.
24

When parental rights have been terminated for a
25

minimum of 3 years and the child who is the subject of the
26

permanency hearing is 13 years old or older and is not

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1

currently placed in a placement likely to achieve
2

permanency, the Department of Children and Family Services
3

shall make reasonable efforts to locate parents whose
4

rights have been terminated, except when the Court
5

determines that those efforts would be futile or
6

inconsistent with the subject child's best interests. The
7

Department of Children and Family Services shall assess
8

the appropriateness of the parent whose rights have been
9

terminated, and shall, as appropriate, foster and support
10

connections between the parent whose rights have been
11

terminated and the youth. The Department of Children and
12

Family Services shall document its determinations and
13

efforts to foster connections in the child's case plan.
14

Custody of the minor shall not be restored to any parent,
15
guardian, or legal custodian in any case in which the minor is
16
found to be neglected or abused under Section 2-3 or dependent
17
under Section 2-4 of this Act, unless the minor can be cared
18
for at home without endangering the minor's health or safety
19
and it is in the best interest of the minor, and if such
20
neglect, abuse, or dependency is found by the court under
21
paragraph (1) of Section 2-21 of this Act to have come about
22
due to the acts or omissions or both of such parent, guardian,
23
or legal custodian, until such time as an investigation is
24
made as provided in paragraph (5) and a hearing is held on the
25
issue of the health, safety, and best interest of the minor and
26
the fitness of such parent, guardian, or legal custodian to

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1
care for the minor and the court enters an order that such
2
parent, guardian, or legal custodian is fit to care for the
3
minor. If a motion is filed to modify or vacate a private
4
guardianship order and return the child to a parent, guardian,
5
or legal custodian, the court may order the Department of
6
Children and Family Services to assess the minor's current and
7
proposed living arrangements and to provide ongoing monitoring
8
of the health, safety, and best interest of the minor during
9
the pendency of the motion to assist the court in making that
10
determination. In the event that the minor has attained 18
11
years of age and the guardian or custodian petitions the court
12
for an order terminating the minor's guardianship or custody,
13
guardianship or custody shall terminate automatically 30 days
14
after the receipt of the petition unless the court orders
15
otherwise. No legal custodian or guardian of the person may be
16
removed without the legal custodian's or guardian's consent
17
until given notice and an opportunity to be heard by the court.
18

When the court orders a child restored to the custody of
19
the parent or parents, the court shall order the parent or
20
parents to cooperate with the Department of Children and
21
Family Services and comply with the terms of an
aftercare

22
after-care
plan, or risk the loss of custody of the child and
23
possible termination of their parental rights. The court may
24
also enter an order of protective supervision in accordance
25
with Section 2-24.
26

If the minor is being restored to the custody of a parent,

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1
legal custodian, or guardian who lives outside of Illinois,
2
and an Interstate Compact has been requested and refused, the
3
court may order the Department of Children and Family Services
4
to arrange for an assessment of the minor's proposed living
5
arrangement and for ongoing monitoring of the health, safety,
6
and best interest of the minor and compliance with any order of
7
protective supervision entered in accordance with Section
8
2-24.
9

(5) Whenever a parent, guardian, or legal custodian files
10
a motion for restoration of custody of the minor, and the minor
11
was adjudicated neglected, abused, or dependent as a result of
12
physical abuse, the court shall cause to be made an
13
investigation as to whether the movant has ever been charged
14
with or convicted of any criminal offense which would indicate
15
the likelihood of any further physical abuse to the minor.
16
Evidence of such criminal convictions shall be taken into
17
account in determining whether the minor can be cared for at
18
home without endangering the minor's health or safety and
19
fitness of the parent, guardian, or legal custodian.
20

(a) Any agency of this State or any subdivision
21

thereof shall cooperate with the agent of the court in
22

providing any information sought in the investigation.
23

(b) The information derived from the investigation and
24

any conclusions or recommendations derived from the
25

information shall be provided to the parent, guardian, or
26

legal custodian seeking restoration of custody prior to

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the hearing on fitness and the movant shall have an
2

opportunity at the hearing to refute the information or
3

contest its significance.
4

(c) All information obtained from any investigation
5

shall be confidential as provided in Section 5-150 of this
6

Act.
7
(Source: P.A. 103-22, eff. 8-8-23; 103-154, eff. 6-30-23;
8
103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061, eff.
9
2-5-25; 104-2, eff. 6-16-25; 104-107, eff. 7-1-26; revised
10
8-20-25.)

11

(705 ILCS 405/2-33)
12

(Text of Section before amendment by P.A. 104-107
)
13

Sec. 2-33.
Supplemental petition to reinstate wardship.
14

(1) Any time prior to a minor's 18th birthday, pursuant to
15
a supplemental petition filed under this Section, the court
16
may reinstate wardship and open a previously closed case when:
17

(a) wardship and guardianship under the Juvenile Court
18

Act of 1987 was vacated in conjunction with the
19

appointment of a private guardian under the Probate Act of
20

1975
or under the Juvenile Court Act of 1987
;
21

(b) the minor is not presently a ward of the court
22

under Article II of this Act nor is there a petition for
23

adjudication of wardship pending on behalf of the minor;
24

and
25

(c) it is in the minor's best interest that wardship

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1

be reinstated.
2

(2) Any time prior to a minor's 21st birthday, pursuant to
3
a supplemental petition filed under this Section, the court
4
may reinstate wardship and open a previously closed case when:
5

(a) wardship and guardianship under this Act was
6

vacated pursuant to:
7

(i) an order entered under subsection (2) of
8

Section 2-31 in the case of a minor over the age of 18;
9

(ii) closure of a case under subsection (2) of
10

Section 2-31 in the case of a minor under the age of 18
11

who has been partially or completely emancipated in
12

accordance with the Emancipation of Minors Act; or
13

(iii) an order entered under subsection (3) of
14

Section 2-31 based on the minor's attaining the age of
15

19 years before the effective date of this amendatory
16

Act of the 101st General Assembly;
17

(b) the minor is not presently a ward of the court
18

under Article II of this Act nor is there a petition for
19

adjudication of wardship pending on behalf of the minor;
20

and
21

(c) it is in the minor's best interest that wardship
22

be reinstated.
23

(3) The supplemental petition must be filed in the same
24
proceeding in which the original adjudication order was
25
entered. Unless excused by court for good cause shown, the
26
petitioner shall give notice of the time and place of the

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1
hearing on the supplemental petition, in person or by mail, to
2
the minor, if the minor is 14 years of age or older, and to the
3
parties to the juvenile court proceeding. Notice shall be
4
provided at least 3 court days in advance of the hearing date.
5
Any hearing on a supplemental petition filed under subsection
6
(1) for a change in custody shall be conducted consistent with
7
Section 2-28 of this Act.

8

(3.5) Whenever a petition is filed to reinstate wardship
9
pursuant to subsection (1), prior to granting the petition,
10
the court may order the Department of Children and Family
11
Services to assess the minor's current and proposed living
12
arrangements and to provide ongoing monitoring of the health,
13
safety, and best interest of the minor during the pendency of
14
the petition to assist the court in making that determination.
15

(4) A minor who is the subject of a petition to reinstate
16
wardship under this Section shall be provided with
17
representation in accordance with Sections 1-5 and 2-17 of
18
this Act.
19

(5) Whenever a minor is committed to the Department of
20
Children and Family Services for care and services following
21
the reinstatement of wardship under this Section, the
22
Department shall:
23

(a) Within 30 days of such commitment, prepare and
24

file with the court a case plan which complies with the
25

federal Adoption Assistance and Child Welfare Act of 1980
26

and is consistent with the health, safety and best

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1

interests of the minor; and
2

(b) Promptly refer the minor for such services as are
3

necessary and consistent with the minor's health, safety
4

and best interests.
5
(Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)

6

(Text of Section after amendment by P.A. 104-107
)
7

Sec. 2-33.
Supplemental petition to reinstate wardship.
8

(1) Any time prior to a minor's 18th birthday, pursuant to
9
a supplemental petition filed under this Section, the court
10
may reinstate wardship and open a previously closed case when:
11

(a) wardship and guardianship under the Juvenile Court
12

Act of 1987 was vacated in conjunction with the
13

appointment of a private guardian under the Probate Act of
14

1975
or under the Juvenile Court Act of 1987
;
15

(b) the minor is not presently a ward of the court
16

under Article II of this Act nor is there a petition for
17

adjudication of wardship pending on behalf of the minor;
18

and
19

(c) it is in the minor's best interest that wardship
20

be reinstated.
21

(2) Any time prior to a minor's 21st birthday, pursuant to
22
a supplemental petition filed under this Section, the court
23
may reinstate wardship and open a previously closed case when:
24

(a) wardship and guardianship under this Act was
25

vacated pursuant to:

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(i) an order entered under subsection (2) of
2

Section 2-31 in the case of a minor over the age of 18;
3

(ii) closure of a case under subsection (2) of
4

Section 2-31 in the case of a minor under the age of 18
5

who has been partially or completely emancipated in
6

accordance with the Emancipation of Minors Act; or
7

(iii) an order entered under subsection (3) of
8

Section 2-31 based on the minor's attaining the age of
9

19 years before the effective date of this amendatory
10

Act of the 101st General Assembly;
11

(b) the minor is not presently a ward of the court
12

under Article II of this Act nor is there a petition for
13

adjudication of wardship pending on behalf of the minor;
14

and
15

(c) it is in the minor's best interest that wardship
16

be reinstated.
17

(3) The supplemental petition must be filed in the same
18
proceeding in which the original adjudication order was
19
entered. Unless excused by court for good cause shown, the
20
petitioner shall give notice of the time and place of the
21
hearing on the supplemental petition, in person or by mail, to
22
the minor, if the minor is 14 years of age or older, and to the
23
parties to the juvenile court proceeding. Notice shall be
24
provided at least 3 court days in advance of the hearing date.
25
Any hearing on a supplemental petition filed under subsection
26
(1) for a change in custody shall be conducted consistent with

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1
Section 2-28 of this Act.

2

(3.5) Whenever a petition is filed to reinstate wardship
3
pursuant to subsection (1), prior to granting the petition,
4
the court may order the Department of Children and Family
5
Services to assess the minor's current and proposed living
6
arrangements and to provide ongoing monitoring of the health,
7
safety, and best interest of the minor during the pendency of
8
the petition to assist the court in making that determination.
9

(4) A minor who is the subject of a petition to reinstate
10
wardship under this Section shall be provided with
11
representation in accordance with Sections 1-5 and 2-17 of
12
this Act.
13

(5) Whenever a minor is committed to the Department of
14
Children and Family Services for care and services following
15
the reinstatement of wardship under this Section, the
16
Department shall:
17

(a) Within 30 days of such commitment, prepare and
18

file with the court a case plan which complies with the
19

federal Adoption Assistance and Child Welfare Act of 1980
20

and is consistent with the health, safety and best
21

interests of the minor; and
22

(b) Promptly refer the minor for such services as are
23

necessary and consistent with the minor's health, safety
24

and best interests.
25

(6) Whenever the court grants a petition to reinstate
26
wardship under this Section, the court shall schedule the case

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1
for a permanency hearing in accordance with Section 2-28 and a
2
Successful Transition to Adulthood Review hearing in
3
accordance with Section 2-28.2, if applicable.
4
(Source: P.A. 104-107, eff. 7-1-26.)

5

Section 10.
The Probate Act of 1975 is amended by changing
6
Section 11-5 as follows:

7

(755 ILCS 5/11-5)

(from Ch. 110 1/2, par. 11-5)
8

Sec. 11-5.
Appointment of guardian.

9

(a) Upon the filing of a petition for the appointment of a
10
guardian or on its own motion, the court may appoint a guardian
11
of the estate or of both the person and estate, of a minor, or
12
may appoint a guardian of the person only of a minor or minors,
13
as the court finds to be in the best interest of the minor or
14
minors.
15

(a-1) A parent, adoptive parent or adjudicated parent,
16
whose parental rights have not been terminated, may designate
17
in any writing, including a will, a person qualified to act
18
under Section 11-3 to be appointed as guardian of the person or
19
estate, or both, of an unmarried minor or of a child likely to
20
be born. A parent, adoptive parent or adjudicated parent,
21
whose parental rights have not been terminated, or a guardian
22
or a standby guardian of an unmarried minor or of a child
23
likely to be born may designate in any writing, including a
24
will, a person qualified to act under Section 11-3 to be

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1
appointed as successor guardian of the minor's person or
2
estate, or both. The designation must be witnessed by 2 or more
3
credible witnesses at least 18 years of age, neither of whom is
4
the person designated as the guardian. The designation may be
5
proved by any competent evidence. If the designation is
6
executed and attested in the same manner as a will, it shall
7
have prima facie validity. The designation of a guardian or
8
successor guardian does not affect the rights of the other
9
parent in the minor.
10

(b) The court lacks jurisdiction to proceed on a petition
11
for the appointment of a guardian of a minor if it finds that
12
(i) the minor has a living parent, adoptive parent or
13
adjudicated parent, whose parental rights have not been
14
terminated, whose whereabouts are known, and who is willing
15
and able to make and carry out day-to-day child care decisions
16
concerning the minor, unless: (1) the parent or parents
17
voluntarily relinquished physical custody of the minor; (2)
18
after receiving notice of the hearing under Section 11-10.1,
19
the parent or parents fail to object to the appointment at the
20
hearing on the petition; (3) the parent or parents consent to
21
the appointment as evidenced by a written document that has
22
been notarized and dated, or by a personal appearance and
23
consent in open court; or (4) the parent or parents, due to an
24
administrative separation, are unable to give consent to the
25
appointment in person or by a notarized, written document as
26
evidenced by a sworn affidavit submitted by the petitioner

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1
describing the parent's or parents' inability to receive
2
notice or give consent; or (ii) there is a guardian for the
3
minor appointed by a court of competent jurisdiction. There
4
shall be a rebuttable presumption that a parent of a minor is
5
willing and able to make and carry out day-to-day child care
6
decisions concerning the minor, but the presumption may be
7
rebutted by a preponderance of the evidence. If a short-term
8
guardian has been appointed for the minor prior to the filing
9
of the petition and the petitioner for guardianship is not the
10
short-term guardian, there shall be a rebuttable presumption
11
that it is in the best interest of the minor to remain in the
12
care of the short-term guardian. The petitioner shall have the
13
burden of proving by a preponderance of the evidence that it is
14
not in the child's best interest to remain with the short-term
15
guardian.
16

(b-1) If the court finds the appointment of a guardian of
17
the minor to be in the best interest of the minor, and if a
18
standby guardian has previously been appointed for the minor
19
under Section 11-5.3, the court shall appoint the standby
20
guardian as the guardian of the person or estate, or both, of
21
the minor unless the court finds, upon good cause shown, that
22
the appointment would no longer be in the best interest of the
23
minor.
24

(b-2) No petition for the appointment of a guardian of a
25
minor shall be filed if the primary purpose of the filing is to
26
reduce the financial resources available to the minor in order

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1
to cause the minor to qualify for public or private financial
2
assistance from an educational institution. The court may deny
3
the petition if it finds by a preponderance of the evidence
4
that the primary purpose of the filing is to enable the minor
5
to declare financial independence so that the minor may obtain
6
public or private financial assistance from an educational
7
institution or a State or federal student financial aid
8
program.
9

(b-3) If the minor is a youth in care under the
10
guardianship of the Department of Children and Family Services
11
pursuant to the Juvenile Court Act of 1987 when the petition
12
for the appointment of a guardian of a minor is filed, the
13
court's determinations and findings shall be made consistent
14
with subsection (4) of Section 2-28 of the Juvenile Court Act
15
of 1987. Any motion to modify or vacate the appointment of a
16
guardian of a minor who was a youth in care immediately
17
preceding the filing of a petition for the appointment of a
18
minor guardian shall be filed and reviewed pursuant to Section
19
2-33 of the Juvenile Court Act of 1987. If custody and
20
guardianship is to be restored to a parent or guardian who was
21
a respondent in the Juvenile Court Act of 1987 case, the
22
court's determinations and findings shall be made consistent
23
with subsection (4) of Section 2-28 of the Juvenile Court Act
24
of 1987. For purposes of this subsection, "youth in care" has
25
the meaning provided in Section 4d of the Children and Family
26
Services Act.

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1

(c) If the minor is 14 years of age or more, the minor may
2
nominate the guardian of the minor's person and estate,
3
subject to approval of the court. If the minor's nominee is not
4
approved by the court or if, after notice to the minor, the
5
minor fails to nominate a guardian of the minor's person or
6
estate, the court may appoint the guardian without nomination.
7

(d) The court shall not appoint as guardian of the person
8
of the minor any person whom the court has determined had
9
caused or substantially contributed to the minor becoming a
10
neglected or abused minor as defined in the Juvenile Court Act
11
of 1987, unless 2 years have elapsed since the last proven
12
incident of abuse or neglect and the court determines that
13
appointment of such person as guardian is in the best
14
interests of the minor.
15

(e) Previous statements made by the minor relating to any
16
allegations that the minor is an abused or neglected child
17
within the meaning of the Abused and Neglected Child Reporting
18
Act, or an abused or neglected minor within the meaning of the
19
Juvenile Court Act of 1987, shall be admissible in evidence in
20
a hearing concerning appointment of a guardian of the person
21
or estate of the minor. No such statement, however, if
22
uncorroborated and not subject to cross-examination, shall be
23
sufficient in itself to support a finding of abuse or neglect.
24
(Source: P.A. 103-475, eff. 1-1-24
.)

25

Section 95.
No acceleration or delay.
Where this Act makes

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1
changes in a statute that is represented in this Act by text
2
that is not yet or no longer in effect (for example, a Section
3
represented by multiple versions), the use of that text does
4
not accelerate or delay the taking effect of (i) the changes
5
made by this Act or (ii) provisions derived from any other
6
Public Act.

7

Section 99.
Effective date.
This Act takes effect upon
8
becoming law.

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