(705 ILCS 405/3-18) (from Ch. 37, par. 803-18)
Sec. 3-18. Notice by certified mail or publication.
(1) If service on individuals as provided in Section 3-17 is not made on
any respondent within a reasonable time or if it appears that any respondent
resides outside the State, service may be made by certified mail. In such case
the clerk shall mail the summons and a copy of the petition to that respondent
by certified mail marked for delivery to addressee only. The court shall not
proceed with the adjudicatory hearing until 5 days after such mailing. The
regular return receipt for certified mail is sufficient proof of service.
(2) If service upon individuals as provided in Section 3-17 is not made
on any respondents within a reasonable time or if any person is
made a respondent under the designation of "All whom it may Concern",
or if service cannot be made because the whereabouts of a respondent are
unknown, service may be made by publication. The clerk of the court as
soon as possible shall cause publication to be made once in a newspaper of
general circulation in the county where the action is pending. Notice
by publication is not required in any case when the person alleged to
have legal custody of the minor has been served with summons personally
or by certified mail, but the court may not enter any order or judgment
against any person who cannot be served with process other than by
publication unless notice by publication is given or unless that person
appears. When a minor has been sheltered under Section 3-12
of this Act and summons has not been served personally or by certified mail
within 20 days from the date of the order of the court directing such
shelter care, the clerk of the court shall cause publication. Notice
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named respondents, if any)
and to All Whom It May Concern (if there is any respondent under that
designation):
Take notice that on (insert date) a
petition was filed under the Juvenile Court Act of 1987 by .... in the
circuit court of .... county entitled 'In the interest of ...., a minor', and
that in .... courtroom at .... on (insert date)
at the hour of ...., or as soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to have the child declared
to be a ward of the court under that Act. The court has authority in this
proceeding to take from you the custody and guardianship of the minor, (and if
the petition prays for the appointment of a guardian with power to consent to
adoption) and to appoint a guardian with power to consent to adoption of the
minor.
Now, unless you appear at the hearing and show cause against the petition,
the allegations of the petition may stand admitted as against you and
each of you, and an order or judgment entered.
......................
Clerk
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication of the
notice send a copy thereof by mail to each of the respondents on account
of whom publication is made at the last known address of each respondent. The certificate
of the clerk that the clerk has mailed the notice is evidence thereof. No
other publication notice is required. Every respondent notified by
publication under this Section must appear and answer in open court at
the hearing. The court may not proceed with the adjudicatory hearing until
10 days after service by publication on any custodial parent, guardian
or legal custodian in the case of a minor requiring authoritative intervention.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 3-17 or with this Section, notice of the
resetting of the date must be given, by certified mail or other
reasonable means, to each respondent who has been served with summons
personally or by certified mail.
(Source: P.A. 103-22, eff. 8-8-23.)
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