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Ill.
Admin. Code tit. 89, § 307.6
ILLINOIS ADMINISTRATIVE CODE
TITLE
89: SOCIAL SERVICES
CHAPTER
III: DEPARTMENT OF CHILDREN AND FAMILY SERVICES
SUBCHAPTER
A: SERVICE DELIVERY
PART
307. INDIAN CHILD WELFARE SERVICES
307.6
Retaining Custody for Involuntary Placements
a) Excluding extraordinary circumstances, the Department may retain temporary
custody of an Indian child for a reasonable period of
time not to exceed 90 days. Continued custody after that
period may occur only upon a court finding supported by
clear and convincing evidence. This standard is appreciably higher than
that ordinarily required for findings of neglect, dependency or for
a minor in need of supervision. Under the Indian Child
Welfare Act, the involuntary placement hearing also requires the testimony
of expert witnesses who can assert that the child is
likely to suffer serious emotional or physical
injury if returned to the custody of the parent or
Indian custodian. The court must decide that the child is
in danger if left with the parents.
b) Each party to an involuntary placement proceeding involving
an Indian child shall have the right to examine all
reports or other documents which the Department may present during
the proceedings.
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