Illinois Compiled Statutes
Information maintained by the Legislative
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
705 ILCS 405/2-22
(705 ILCS 405/2-22)
(from Ch. 37, par. 802-22)
Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall determine whether it is in
the best interests of the minor and the public that he be made a ward of the
court, and, if he is to be made a ward of the court, the court shall determine
the proper disposition best serving the health, safety and interests of the
minor and the public.
The court also shall consider the permanency goal set for the minor, the
nature of the service plan for the minor and the services delivered and to be
delivered under the plan. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent for the purposes
of the adjudicatory hearing.
(2) Once all parties respondent have been served in compliance with
Sections 2-15 and 2-16, no further service or notice must be given to a party
prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
2-20, whether successfully completed with regard to the child's health,
safety and best interest, or not, is admissible at the
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the hearing
for a reasonable period to receive reports or other evidence, if the
adjournment is consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that the dispositional
hearing occurs more than 6 months after the initial removal of a minor from his
or her home. In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from his or her home
before an order of disposition has been made.
(5) Unless already set by the court, at the conclusion of the dispositional
hearing, the court shall set the date for the first permanency hearing, to be
conducted under subsection (2) of Section 2-28, which shall be held: (a) within 12 months from the date temporary
custody was taken, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within 30 days of the termination of parental rights and
appointment of a guardian with power to consent to adoption, or (c) in
with subsection (2) of Section 2-13.1.
(6) When the court declares a child to be a ward of the court and awards
guardianship to the Department of Children and Family Services, (a) the
admonish the parents, guardian, custodian or responsible relative that the
parents must cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the conditions which
require the child to be in care, or risk termination of their parental
rights; and (b) the court shall inquire of the parties of any
intent to proceed with
termination of parental rights of a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the default in accordance with Section 2-1301 of the Code of Civil Procedure.
(Source: P.A. 92-822, eff. 8-21-02.)