Illinois Compiled Statutes
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705 ILCS 405/5-740
(705 ILCS 405/5-740)
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 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 or her from the custody of his or her parents, guardian or
(a) place him or her in the custody of a suitable
relative or other person;
(b) place him or her under the guardianship of a
(c) commit him or her 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 or her to some licensed training
school or industrial school; or
(e) commit him or her 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 or her the legal custodian or guardian of the person of
minor. When a minor is committed to any agency, the court shall appoint the
proper officer or representative of the proper officer 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 subsection (9) of
Section 5-105 except as otherwise provided by order of court; but no guardian
of the person may consent to adoption of the minor. An agency whose
representative is appointed guardian of the person or legal custodian of the
minor may place him or her in any child care facility, but the 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. 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
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 the guardian or legal custodian
of the person a certified copy of the order of court, as proof of his or her
authority. No other process is necessary as authority for the keeping of the
(6) Legal custody or guardianship granted under this Section continues
until the court otherwise directs, but not after the minor reaches the age of
21 years except as set forth in Section 5-750.
(Source: P.A. 99-628, eff. 1-1-17