Illinois Compiled Statutes
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705 ILCS 405/2-27
(705 ILCS 405/2-27)
(from Ch. 37, par. 802-27)
Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the factual basis supporting
the determination of whether the parents, guardian, or legal custodian of a
minor adjudged a ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for, protect, train or
discipline the minor or are unwilling to do so, and that the
health, safety, and best
interest of the minor will be jeopardized if the minor remains in the custody
of his or her parents, guardian or
custodian, the court may at this hearing and at any later point:
(a) place the minor in the custody of a suitable
relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of Children
and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; "subsidized guardianship" means a private guardianship arrangement for children for whom the permanency goals of return home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules;
(b) place the minor under the guardianship of a
(c) commit the minor to an agency for care or
placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
(d) on and after the effective date of this
amendatory Act of the 98th General Assembly and before January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 16 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. On and after January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall be given due notice of the pendency of the action and the Guardianship Administrator of the Department of Children and Family Services shall be appointed guardian of the person of the minor. Whenever the Department seeks to discharge a minor from its care and service, the Guardianship Administrator shall petition the court for an order terminating guardianship. The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship Administrator to documents affecting the guardian-ward relationship of children for whom he or she has been appointed guardian at such times as he or she is unable to perform the duties of his or her office. The signature authorization shall include but not be limited to matters of consent of marriage, enlistment in the armed forces, legal proceedings, adoption, major medical and surgical treatment and application for driver's license. Signature authorizations made pursuant to the provisions of this paragraph shall be filed with the Secretary of State and the Secretary of State shall provide upon payment of the customary fee, certified copies of the authorization to any court or individual who requests a copy.
(1.5) In making a determination under this Section, the court shall also
whether, based on health, safety, and the best interests of the minor,
(a) appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
and if the petition or amended petition
contained an allegation that the
parent is an unfit
person as defined in subdivision (D) of Section 1 of the Adoption Act, and the
recites that parental unfitness was established by clear and convincing
evidence, the court
shall, when appropriate and in the best interest of the minor, enter an
order terminating parental rights and
appointing a guardian with
consent to adoption in accordance with Section 2-29.
When making a placement, the court, wherever possible, shall
require the Department of Children and Family Services to select a person
holding the same religious belief as that of the minor or a private agency
controlled by persons of like religious faith of the minor and shall require
the Department to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever alternative plans for
placement are available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or other
person pursuant to item (a) of subsection (1),
the court shall appoint him or her the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise provided by order
of court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon him or her in accordance with
Section 2-29. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor in any child care
facility, but the facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and Family Services
as meeting the standards established for such licensing. No agency may
place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility
unless the placement is in compliance with the rules and regulations
for placement under this Section promulgated by the Department of Children
and Family Services under Section 5 of the Children and Family Services
Act. Like authority and restrictions shall be conferred by the court upon
any probation officer who has been appointed guardian of the person of a minor.
(3) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children. Placement with a parent,
however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(5) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age
of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33.
(Source: P.A. 97-1150, eff. 1-25-13; 98-803, eff. 1-1-15