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Public Act 101-0146
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| HB2934 Enrolled | LRB101 10500 SLF 55606 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Section 2-15 as follows:
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(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
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Sec. 2-15. Summons.
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(1) When a petition is filed, the clerk of the court
shall |
issue a summons with a copy of the petition attached. The |
summons
shall be directed to the minor's legal guardian or |
custodian and to each person
named as a respondent in the |
petition, except that summons need not be
directed to a minor |
respondent under 8 years of age for whom the court
appoints a |
guardian ad litem if the guardian ad litem appears on behalf of
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the minor in any proceeding under this Act.
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(2) The summons must contain a statement that the minor or |
any of the
respondents is entitled to have an attorney present |
at the hearing on the
petition, and that the clerk of the court |
should be notified promptly if
the minor or any other |
respondent desires to be represented by an attorney
but is |
financially unable to employ counsel.
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(3) The summons shall be issued under the seal of the |
court, attested in
and signed with the name of the clerk of the |
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court, dated on the day it is
issued, and shall require each |
respondent to appear and answer the petition
on the date set |
for the adjudicatory hearing.
The summons shall contain a |
notice that the parties will not be entitled to
further written |
notices or publication notices of proceedings in this case,
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including the filing of an amended petition or a motion to |
terminate parental
rights, except as required by Supreme Court |
Rule 11.
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(4) The summons may be served by any county sheriff, |
coroner or
probation officer, even though the officer is the |
petitioner. The return of
the summons with endorsement of |
service by the officer is sufficient proof
thereof.
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(5) Service of a summons and petition shall be made by: (a) |
leaving a
copy thereof with the person summoned at least 3 days |
before the time
stated therein for appearance; (b) leaving a |
copy at his or her usual place
of abode with some person of the |
family or a person residing there, of the age of 10 years or |
upwards,
and informing that person of the contents thereof, |
provided the officer or
other person making service shall also |
send a copy of the summons in a
sealed envelope with postage |
fully prepaid, addressed to the person
summoned at his usual |
place of abode, at least 3 days before the time
stated therein |
for appearance; or (c) leaving a copy thereof with the
guardian |
or custodian of a minor, at least 3 days before the time stated
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therein for appearance. If the guardian or custodian is an |
agency of the
State of Illinois, proper service may be made by |
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leaving a copy of the
summons and petition with any |
administrative employee of such agency
designated by such |
agency to accept service of summons and petitions.
The |
certificate of the officer or affidavit of the person that he |
has sent
the copy pursuant to this Section is sufficient proof |
of service.
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(6) When a parent or other person, who has signed a written |
promise to
appear and bring the minor to court or who has |
waived or acknowledged service,
fails to appear with the minor |
on the date set by the court, a
bench warrant may be issued for |
the parent or other person, the minor, or both.
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(7) The appearance of the minor's legal guardian or |
custodian, or a
person named as a respondent in a petition, in |
any proceeding under this
Act shall constitute a waiver of |
service of summons and submission to the
jurisdiction of the |
court, except that the filing of a motion
authorized under |
Section 2-301 of the Code of Civil Procedure does not
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constitute an appearance under this subsection. A copy of the |
summons and
petition shall be provided to the person at the |
time of his appearance.
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(8) Notice to a parent who has appeared or been served with |
summons
personally or by certified mail, and for whom an order |
of default has been
entered on the petition for wardship and |
has not been set aside shall be
provided in accordance with |
Supreme Court Rule 11. Notice to a parent who was
served by |
publication and for whom an order of default has been entered |