Illinois Compiled Statutes
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705 ILCS 405/4-9
(705 ILCS 405/4-9)
(from Ch. 37, par. 804-9)
Shelter care hearing.
At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in relation to any
matter connected with the allegations made in the petition.
(1) If the court finds that there is not probable cause to believe that
the minor is addicted, it shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to believe that the
minor is addicted, the minor, his or
her parent, guardian, custodian and other persons able to give relevant
testimony shall be examined before the court. After such testimony, the
court may enter an order that the minor shall be released
upon the request of a parent, guardian or custodian if the parent, guardian
or custodian appears to take custody
and agrees to abide by a court order
which requires the minor and his or her parent, guardian, or legal custodian
complete an evaluation by an entity licensed by the Department of Human
Services, as the successor to
the Department of Alcoholism and Substance Abuse, and complete
any treatment recommendations indicated by the assessment. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child.
The Court shall require
documentation by representatives of the Department of Children and Family
Services or the probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the minor from his
or her home, and shall consider the testimony of any person as to those
reasonable efforts. If the court finds that it is a
matter of immediate and urgent necessity for the protection of the minor
or of the person or property of another that the minor be
placed in a shelter care facility or that he or she is likely to flee the
jurisdiction of the court, and further, finds that reasonable efforts
have been made or good cause has been shown why reasonable efforts cannot
prevent or eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care
and order that the minor be kept in a suitable place designated by the
court or in a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare agency, or
in a facility or program licensed by the Department of Human
Services for shelter and treatment services;
otherwise it shall release the minor from custody. If the court prescribes
shelter care, then in placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with Section 7 of the
Children and Family Services Act. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family Services or a licensed
child welfare agency, or in
a facility or program licensed by the Department of Human
shelter and treatment
services, the court shall, upon request of the appropriate
Department or other agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate agency executive
temporary custodian of the minor and the court may enter such other orders
related to the temporary custody as it deems fit and proper, including
the provision of services to the minor or his family to ameliorate the
causes contributing to the finding of probable cause or to the finding of
the existence of immediate and urgent necessity. Acceptance of services
shall not be considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite the family.
In making its findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or eliminate the
necessity of removal of the minor from his or her home, the court shall
state in writing its findings concerning the nature of the services that
were offered or the efforts that were made to prevent removal of the child
and the apparent reasons that such
services or efforts could not prevent the need for removal. The parents,
guardian, custodian, temporary custodian and minor shall each be furnished
a copy of such written findings. The temporary custodian shall maintain a
copy of the court order and written findings in the case record for the
child. The order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that such placement is no longer necessary for the
protection of the minor.
(3) If neither the parent, guardian, legal custodian, responsible
relative nor counsel of the minor has had actual notice of or is present
at the shelter care hearing, he or she may file his or her
affidavit setting forth these facts, and the clerk shall set the matter for
rehearing not later than 24 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court shall
proceed in the same manner as upon the original hearing.
(4) If the minor is not brought before a judicial officer within the
time period as specified in Section 4-8, the minor must immediately be
released from custody.
(5) Only when there is reasonable cause to believe that the minor taken
into custody is a person described in subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This Section
shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police station.
Minors under 18 years of age must be kept separate from confined adults and
may not at any time be kept in the same cell, room or yard with adults
confined pursuant to the criminal law.
(7) If neither the parent, guardian or custodian appears within 24
hours to take custody of a minor released upon request pursuant to
subsection (2) of this Section, then the clerk of the court shall set the
matter for rehearing not later than 7 days after the original order and
shall issue a summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not appear at such
rehearing, the judge may enter an order prescribing that the minor be kept
in a suitable place designated by the Department of Children and Family
Services or a licensed child welfare agency.
(8) Any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family under a
service plan pursuant to Section 8.2 of the Abused and Neglected Child
Reporting Act, foster parent, or any of their representatives, may file a
motion to modify or vacate a temporary custody order on any of the following
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody.
The clerk shall set the matter for hearing not later than 14 days after
such motion is filed. In the event that the court modifies or vacates a
temporary custody order but does not vacate its finding of probable cause,
the court may order that appropriate services be continued or initiated in
behalf of the minor and his or her family.
(9) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(Source: P.A. 100-159, eff. 8-18-17; 100-201, eff. 8-18-17.)