Illinois Compiled Statutes
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705 ILCS 405/3-28
(705 ILCS 405/3-28)
(from Ch. 37, par. 803-28)
Placement; legal custody or guardianship.
(1) If the court finds that 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
appropriate services aimed at family preservation and family reunification
have been unsuccessful in rectifying the conditions which have led to such
a finding of unfitness or inability to care for, protect, train or
discipline the minor, and that it is in the best interest of the minor to
take him from the custody of his parents, guardian or custodian, the court may:
(a) place him in the custody of a suitable relative
(b) place him under the guardianship of a probation
(c) commit him to an agency for care or placement,
except an institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services;
(d) commit him to some licensed training school or
(e) commit him to any appropriate institution having
among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services.
(2) When making such placement, the court, wherever possible, shall
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 of Children and Family Services 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.
(3) When a minor is placed with a suitable relative or other person,
the court shall appoint him 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 paragraph (9) of Section 1-3 except as otherwise
provided by order of the court; but no guardian of the person may consent
to adoption of the minor unless that authority is conferred upon him in
accordance with Section 3-30. An agency whose representative is appointed
guardian of the person or legal custodian of the minor may place him in any
child care facility, but such 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 such minor in a child care facility unless such 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 "An Act creating the Department of Children and Family
Services, codifying its powers and duties, and repealing certain Acts and
Sections herein named". 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.
(4) 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.
(5) The clerk of the court shall issue to such legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(6) Custody or guardianship granted hereunder continues until the
court otherwise directs, but not after the minor reaches the age of 19
years except as set forth in Section 3-32.
(Source: P.A. 98-83, eff. 7-15-13.)