Illinois Compiled Statutes
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705 ILCS 405/2-21
(705 ILCS 405/2-21)
(from Ch. 37, par. 802-21)
Findings and adjudication.
(1) The court shall state for the record the manner in which the parties
received service of process and shall note whether the return or returns of
service, postal return receipt or receipts for notice by certified mail,
or certificate or certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default against any
parent who has been properly served in any manner and fails to appear.
No further service of process as defined in Sections 2-15 and 2-16 is
required in any subsequent proceeding for a parent who was properly served in
any manner, except as required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search conducted for the
After hearing the evidence the court shall determine whether or not the
minor is abused, neglected, or dependent. If it finds that the minor is not
such a person, the court shall order the petition dismissed and the minor
discharged. The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the factual basis
supporting that determination.
If the court finds that the minor is abused, neglected, or dependent, the
court shall then determine and put in writing the factual basis supporting
that determination, and specify, to the extent possible, the acts
or omissions or both of each parent, guardian, or legal custodian that form the
of the court's findings. That finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or dependent,
the court shall admonish the parents that they must cooperate with the
Department of Children and Family Services, comply with the terms of the
service plan, and correct the conditions that require the child to be in care,
or risk termination of parental rights.
If the court determines that a person has inflicted physical or sexual
abuse upon a minor, the court shall report that determination to the Department
of State Police, which shall include that information in its report to the
President of the school board for a school district that requests a criminal history records check of that person, or the regional superintendent of schools who requests a check of that person, as required under Section 10-21.9 or
34-18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the court determines
puts in writing the factual basis supporting
the determination that the minor is either abused or neglected or dependent,
the court shall then set a time not later than 30 days after the entry of the
finding for a dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22 at which
hearing the court shall determine whether it is consistent with the
health, safety and best interests of the
minor and the public that he be made a ward of the court. To assist the court
in making this and other determinations at the dispositional hearing, the court
may order that an investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and condition,
family situation and background, economic status, education, occupation,
history of delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only by consent of
all parties and approval by the court, as determined to be consistent with the
health, safety and best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for which no
dispositional hearing has been held prior to that date, a dispositional
hearing under Section 2-22 shall be held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and appointment of a guardian with power to consent to adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory hearing, that the child comes under the jurisdiction of the court as an abused, neglected, or dependent minor under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing that the parent is an unfit person under subdivision D of Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the
rules of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and
public that the child be made a ward of the court;
(A-5) reasonable efforts under subsection (l-1)
of Section 5 of the Children and Family Services Act are inappropriate or such efforts were made and were unsuccessful; and
(B) termination of parental rights and
appointment of a guardian with power to consent to adoption is in the best interest of the child pursuant to Section 2-29.
(Source: P.A. 93-909, eff. 8-12-04.)