(705 ILCS 405/4-8) (from Ch. 37, par. 804-8)
Sec. 4-8. Setting of shelter care hearing. (1) Unless sooner released, a minor alleged to be addicted
taken into temporary protective custody must be brought before
a judicial officer within 48 hours, exclusive of Saturdays, Sundays and
holidays, for a shelter care hearing to determine whether the minor shall be further
held in custody.
(2) If the probation officer or such other public officer designated
by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court
shall cause a petition to be filed as provided in Section 4-12 of this Act,
and the clerk of the court shall set the matter for hearing on the
shelter care hearing calendar. When a parent, guardian, custodian or
responsible relative is present and so requests, the shelter
care hearing shall be held immediately if the court is in session, otherwise
at the earliest feasible time. The probation officer or such other public
officer designated by the court shall notify the minor's parent, guardian,
custodian or responsible relative of the time and place of the hearing.
The notice may be given orally.
(3) The minor must be released from custody at the expiration of the
48 hour period, as the case may be, specified by this Section, if not
brought before a judicial officer within that period.
(Source: P.A. 103-22, eff. 8-8-23.)
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