Current through Public Act 103-561
Section 705 ILCS 405/1-2 - Purpose and policy(1) The purpose of this Act is to secure for each minor subject hereto such care and guidance, preferably in the minor's own home, as will serve the safety and moral, emotional, mental, and physical welfare of the minor and the best interests of the community; to preserve and strengthen the minor's family ties whenever possible, removing the minor from the custody of the minor's parents only when the minor's safety or welfare or the protection of the public cannot be adequately safeguarded without removal; if the child is removed from the custody of the minor's parent, the Department of Children and Family Services immediately shall consider concurrent planning, as described in Section 5 of the Children and Family Services Act so that permanency may occur at the earliest opportunity; consideration should be given so that if reunification fails or is delayed, the placement made is the best available placement to provide permanency for the child; and, when the minor is removed from the minor's own family, to secure for the minor custody, care and discipline as nearly as possible equivalent to that which should be given by the minor's parents, and in cases where it should and can properly be done to place the minor in a family home so that the minor may become a member of the family by legal adoption or otherwise. Provided that a ground for unfitness under the Adoption Act can be met, it may be appropriate to expedite termination of parental rights: (a) when reasonable efforts are inappropriate, or have been provided and were unsuccessful, and there are aggravating circumstances including, but not limited to, those cases in which (i) the child or another child of that child's parent was (A) abandoned, (B) tortured, or (C) chronically abused or (ii) the parent is criminally convicted of (A) first degree murder or second degree murder of any child, (B) attempt or conspiracy to commit first degree murder or second degree murder of any child, (C) solicitation to commit murder, solicitation to commit murder for hire, solicitation to commit second degree murder of any child, or aggravated assault in violation of subdivision (a)(13) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, or (D) aggravated criminal sexual assault in violation of Section 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of 1961 or the Criminal Code of 2012; or(b) when the parental rights of a parent with respect to another child of the parent have been involuntarily terminated; or(c) in those extreme cases in which the parent's incapacity to care for the child, combined with an extremely poor prognosis for treatment or rehabilitation, justifies expedited termination of parental rights.(2) In all proceedings under this Act the court may direct the course thereof so as promptly to ascertain the jurisdictional facts and fully to gather information bearing upon the current condition and future welfare of persons subject to this Act. This Act shall be administered in a spirit of humane concern, not only for the rights of the parties, but also for the fears and the limits of understanding of all who appear before the court.(3) In all procedures under this Act, the following shall apply: (a) The procedural rights assured to the minor shall be the rights of adults unless specifically precluded by laws which enhance the protection of such minors.(b) Every child has a right to services necessary to the child's safety and proper development, including health, education and social services.(c) The parents' right to the custody of their child shall not prevail when the court determines that it is contrary to the health, safety, and best interests of the child.(4) This Act shall be liberally construed to carry out the foregoing purpose and policy.Amended by P.A. 103-0022,§ 65, eff. 8/8/2023.Amended by P.A. 097-1150,§ 600, eff. 1/25/2013.P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A. 90-443 ); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff. 8-16-97; 90-608, eff. 6-30-98.