(705 ILCS 405/Art. I heading) ARTICLE I.
GENERAL PROVISIONS
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(705 ILCS 405/1-1) (from Ch. 37, par. 801-1)
Sec. 1-1.
Short title.
This Act shall be known and may be cited as the
Juvenile Court Act of 1987.
(Source: P.A. 85-601.)
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(705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
Sec. 1-2. Purpose and policy.
(1) The purpose of this Act is to secure for each minor subject hereto
such care and guidance, preferably in the minor's own home, as will serve
the safety and moral, emotional, mental, and physical
welfare of the minor and the best interests of the community; to preserve
and strengthen the minor's family ties whenever possible, removing the minor from the custody of the minor's parents only when the minor's safety or
welfare or the protection of the public cannot be adequately safeguarded
without removal;
if the child is removed from the custody of the minor's parent, the Department
of Children and Family Services immediately shall consider concurrent planning,
as described in Section 5 of the Children and Family Services Act so that
permanency may occur at the earliest opportunity; consideration should be given
so that if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the child;
and, when the minor is removed from the minor's own family,
to secure for the minor custody, care and discipline as nearly as possible
equivalent to that which should be given by the minor's parents, and in
cases where it should and can properly be done to place the minor in a
family home so that the minor may become a member of the family by legal
adoption or otherwise. Provided that a ground for unfitness under the Adoption
Act can be met, it may be appropriate to expedite termination of parental
rights:
(a) when reasonable efforts are inappropriate, or | ||
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(b) when the parental rights of a parent with respect | ||
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(c) in those extreme cases in which the parent's | ||
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(2) In all proceedings under this Act the court may direct the
course thereof so as promptly to ascertain the jurisdictional facts and
fully to gather information bearing upon the current condition and
future welfare of persons subject to this Act. This Act shall be
administered in a spirit of humane concern, not only for the rights of
the parties, but also for the fears and the limits of understanding of
all who appear before the court.
(3) In all procedures under this Act, the following shall apply:
(a) The procedural rights assured to the minor shall | ||
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(b) Every child has a right to services necessary to | ||
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(c) The parents' right to the custody of their child | ||
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(4) This Act shall be liberally construed to carry out the foregoing
purpose and policy.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/1-3) (from Ch. 37, par. 801-3) Sec. 1-3. Definitions. Terms used in this Act, unless the context otherwise requires, have the following meanings ascribed to them: (1) "Adjudicatory hearing" means a hearing to determine whether the allegations of a petition under Section 2-13, 3-15, or 4-12 that a minor under 18 years of age is abused, neglected, or dependent, or requires authoritative intervention, or addicted, respectively, are supported by a preponderance of the evidence or whether the allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. (2) "Adult" means a person 21 years of age or older. (3) "Agency" means a public or private child care facility legally authorized or licensed by this State for placement or institutional care or for both placement and institutional care. (4) "Association" means any organization, public or private, engaged in welfare functions which include services to or on behalf of children but does not include "agency" as herein defined. (4.05) Whenever a "best interest" determination is required, the following factors shall be considered in the context of the child's age and developmental needs: (a) the physical safety and welfare of the child, | ||
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(b) the development of the child's identity; (c) the child's background and ties, including | ||
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(d) the child's sense of attachments, including: (i) where the child actually feels love, | ||
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(ii) the child's sense of security; (iii) the child's sense of familiarity; (iv) continuity of affection for the child; (v) the least disruptive placement alternative | ||
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(e) the child's wishes and long-term goals; (f) the child's community ties, including church, | ||
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(g) the child's need for permanence which includes | ||
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(h) the uniqueness of every family and child; (i) the risks attendant to entering and being in | ||
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(j) the preferences of the persons available to care | ||
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(4.1) "Chronic truant" shall have the definition ascribed to it in Section 26-2a of the School Code. (5) "Court" means the circuit court in a session or division assigned to hear proceedings under this Act. (6) "Dispositional hearing" means a hearing to determine whether a minor should be adjudged to be a ward of the court, and to determine what order of disposition should be made in respect to a minor adjudged to be a ward of the court. (6.5) "Dissemination" or "disseminate" means to publish, produce, print, manufacture, distribute, sell, lease, exhibit, broadcast, display, transmit, or otherwise share information in any format so as to make the information accessible to others. (7) "Emancipated minor" means any minor 16 years of age or over who has been completely or partially emancipated under the Emancipation of Minors Act or under this Act. (7.03) "Expunge" means to physically destroy the records and to obliterate the minor's name from any official index, public record, or electronic database. (7.05) "Foster parent" includes a relative caregiver selected by the Department of Children and Family Services to provide care for the minor. (8) "Guardianship of the person" of a minor means the duty and authority to act in the best interests of the minor, subject to residual parental rights and responsibilities, to make important decisions in matters having a permanent effect on the life and development of the minor and to be concerned with the minor's general welfare. It includes but is not necessarily limited to: (a) the authority to consent to marriage, to | ||
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(b) the authority and duty of reasonable visitation, | ||
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(c) the rights and responsibilities of legal custody | ||
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(d) the power to consent to the adoption of the | ||
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(8.1) "Juvenile court record" includes, but is not limited to: (a) all documents filed in or maintained by the | ||
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(b) all documents relating to a specific incident, | ||
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(c) all documents, video or audio tapes, photographs, | ||
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(d) all documents, transcripts, records, reports, or | ||
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(8.2) "Juvenile law enforcement record" includes records of arrest, station adjustments, fingerprints, probation adjustments, the issuance of a notice to appear, or any other records or documents maintained by any law enforcement agency relating to a minor suspected of committing an offense, and records maintained by a law enforcement agency that identifies a juvenile as a suspect in committing an offense, but does not include records identifying a juvenile as a victim, witness, or missing juvenile and any records created, maintained, or used for purposes of referral to programs relating to diversion as defined in subsection (6) of Section 5-105. (9) "Legal custody" means the relationship created by an order of court in the best interests of the minor which imposes on the custodian the responsibility of physical possession of a minor and the duty to protect, train and discipline the minor and to provide the minor with food, shelter, education, and ordinary medical care, except as these are limited by residual parental rights and responsibilities and the rights and responsibilities of the guardian of the person, if any. (9.1) "Mentally capable adult relative" means a person 21 years of age or older who is not suffering from a mental illness that prevents the person from providing the care necessary to safeguard the physical safety and welfare of a minor who is left in that person's care by the parent or parents or other person responsible for the minor's welfare. (10) "Minor" means a person under the age of 21 years subject to this Act. (11) "Parent" means a father or mother of a child and includes any adoptive parent. It also includes a person (i) whose parentage is presumed or has been established under the law of this or another jurisdiction or (ii) who has registered with the Putative Father Registry in accordance with Section 12.1 of the Adoption Act and whose paternity has not been ruled out under the law of this or another jurisdiction. It does not include a parent whose rights in respect to the minor have been terminated in any manner provided by law. It does not include a person who has been or could be determined to be a parent under the Illinois Parentage Act of 1984 or the Illinois Parentage Act of 2015, or similar parentage law in any other state, if that person has been convicted of or pled nolo contendere to a crime that resulted in the conception of the child under Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, 12-14.1, subsection (a) or (b) (but not subsection (c)) of Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or (f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, or similar statute in another jurisdiction unless upon motion of any party, other than the offender, to the juvenile court proceedings the court finds it is in the child's best interest to deem the offender a parent for purposes of the juvenile court proceedings. (11.1) "Permanency goal" means a goal set by the court as defined in subdivision (2) of Section 2-28. (11.2) "Permanency hearing" means a hearing to set the permanency goal and to review and determine (i) the appropriateness of the services contained in the plan and whether those services have been provided, (ii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iii) whether the plan and goal have been achieved. (12) "Petition" means the petition provided for in Section 2-13, 3-15, 4-12, or 5-520, including any supplemental petitions thereunder in Section 3-15, 4-12, or 5-520. (12.1) "Physically capable adult relative" means a person 21 years of age or older who does not have a severe physical disability or medical condition, or is not suffering from alcoholism or drug addiction, that prevents the person from providing the care necessary to safeguard the physical safety and welfare of a minor who is left in that person's care by the parent or parents or other person responsible for the minor's welfare. (12.2) "Post Permanency Sibling Contact Agreement" has the meaning ascribed to the term in Section 7.4 of the Children and Family Services Act. (12.3) "Residential treatment center" means a licensed setting that provides 24-hour care to children in a group home or institution, including a facility licensed as a child care institution under Section 2.06 of the Child Care Act of 1969, a licensed group home under Section 2.16 of the Child Care Act of 1969, a qualified residential treatment program under Section 2.35 of the Child Care Act of 1969, a secure child care facility as defined in paragraph (18) of this Section, or any similar facility in another state. "Residential treatment center" does not include a relative foster home or a licensed foster family home. (13) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parent after the transfer of legal custody or guardianship of the person, including, but not necessarily limited to, the right to reasonable visitation (which may be limited by the court in the best interests of the minor as provided in subsection (8)(b) of this Section), the right to consent to adoption, the right to determine the minor's religious affiliation, and the responsibility for the minor's support. (14) "Shelter" means the temporary care of a minor in physically unrestricting facilities pending court disposition or execution of court order for placement. (14.05) "Shelter placement" means a temporary or emergency placement for a minor, including an emergency foster home placement. (14.1) "Sibling Contact Support Plan" has the meaning ascribed to the term in Section 7.4 of the Children and Family Services Act. (14.2) "Significant event report" means a written document describing an occurrence or event beyond the customary operations, routines, or relationships in the Department of Children of Family Services, a child care facility, or other entity that is licensed or regulated by the Department of Children of Family Services or that provides services for the Department of Children of Family Services under a grant, contract, or purchase of service agreement; involving children or youth, employees, foster parents, or relative caregivers; allegations of abuse or neglect or any other incident raising a concern about the well-being of a minor under the jurisdiction of the court under Article II of the Juvenile Court Act of 1987; incidents involving damage to property, allegations of criminal activity, misconduct, or other occurrences affecting the operations of the Department of Children of Family Services or a child care facility; any incident that could have media impact; and unusual incidents as defined by Department of Children and Family Services rule. (15) "Station adjustment" means the informal handling of an alleged offender by a juvenile police officer. (16) "Ward of the court" means a minor who is so adjudged under Section 2-22, 3-23, 4-20, or 5-705, after a finding of the requisite jurisdictional facts, and thus is subject to the dispositional powers of the court under this Act. (17) "Juvenile police officer" means a sworn police officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police. (18) "Secure child care facility" means any child care facility licensed by the Department of Children and Family Services to provide secure living arrangements for children under 18 years of age who are subject to placement in facilities under the Children and Family Services Act and who are not subject to placement in facilities for whom standards are established by the Department of Corrections under Section 3-15-2 of the Unified Code of Corrections. "Secure child care facility" also means a facility that is designed and operated to ensure that all entrances and exits from the facility, a building, or a distinct part of the building are under the exclusive control of the staff of the facility, whether or not the child has the freedom of movement within the perimeter of the facility, building, or distinct part of the building.(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-564, eff. 11-17-23.) |
(705 ILCS 405/1-4) (from Ch. 37, par. 801-4)
Sec. 1-4.
Limitations of scope of Act.
Nothing in this Act shall be construed to give: (a) any guardian appointed
hereunder the guardianship of the estate of the minor or to change the age
of minority for any purpose other than those expressly stated in this Act;
or (b) any court jurisdiction, except as provided in Sections 2-7, 3-6, 3-9,
4-6 and 5-410, over any minor solely on the basis of the minor's
(i) misbehavior
which does not violate any federal or state law or municipal ordinance,
(ii) refusal to obey the orders or directions of a parent, guardian or
custodian, (iii) absence from home without the
consent of his or her parent, guardian or custodian, or (iv) truancy, until
efforts and procedures to address and resolve such actions by a law enforcement
officer during a period of limited custody, by crisis intervention services
under Section 3-5, and by alternative voluntary residential placement
or other disposition as provided by Section 3-6 have been exhausted without
correcting such actions.
(Source: P.A. 91-357, eff. 7-29-99.)
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(705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
Sec. 1-4.1.
Except for minors accused of violation of an order of the
court, any minor accused of any act under federal or State law, or a
municipal ordinance that would not be illegal if committed by an adult,
cannot be placed in a jail, municipal lockup, detention center or secure
correctional facility.
Confinement in a county jail of a minor accused of a violation of an order of
the court, or of a minor for whom there is reasonable cause to believe that the
minor is a person described in subsection (3) of Section 5-105,
shall be in accordance with the
restrictions set forth in Sections 5-410 and 5-501
of this Act.
(Source: P.A. 89-656, eff. 1-1-97; 90-590, eff. 1-1-99.)
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(705 ILCS 405/1-4.2) Sec. 1-4.2. Trauma-sensitive transport. (a) The Department of Children and Family Services shall ensure the provision of trauma-sensitive transport to minors placed in its care
in accordance with this Act. Notwithstanding any other law to the contrary, no minor shall be
subjected to restraints, as defined in Section 4e of the Children and Family Services Act, during the provision of any transportation services
provided or arranged by the Department of Children and Family Services or its contractual assigns. (b) The Department of Children and Family Services' application to the court for approval of an individualized trauma-sensitive
transportation plan must include a copy of the plan developed in accordance with Section 4e of the Children
and Family Services Act and the written approval of the Department as required by paragraph (2) of subsection (e) of
Section 4e of the Children and Family Services Act. (c) When considering whether to approve the individualized trauma-sensitive transportation plan, the court shall
consider the minor's best interest and the following additional factors: the reason for the transport, the
type of placement the minor is being transported from and to, the anticipated length of travel, the
clinical needs of the minor, including any medical or emotional needs, any available less restrictive
alternatives, and any other factor the court deems relevant. The court may require amendments to the
minor's trauma-sensitive individualized transportation plan based on written findings of fact that the
plan, as written, is not in the minor's best interest.
(Source: P.A. 102-649, eff. 8-27-21; 102-813, eff. 5-13-22.) |
(705 ILCS 405/1-4.3)
Sec. 1-4.3. Special immigrant minor. (a) The court hearing a case under this Act has jurisdiction to make the findings necessary to enable a minor who has been adjudicated a ward of the court to petition the United States Citizenship and Immigration Services for classification as a special immigrant juvenile under 8 U.S.C. 1101(a)(27)(J). A minor for whom the court finds under subsection (b) shall remain under the jurisdiction of the court until his or her special immigrant juvenile petition is filed with the United States Citizenship and Immigration Services, or its successor agency. (b) If a motion requests findings regarding Special Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and the evidence, which may consist solely of, but is not limited to, a declaration of the minor, supports the findings, the court shall issue an order that includes the following findings: (1) the minor is: (i) declared a dependent of the court; or (ii) legally committed to, or placed under the | ||
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(2) that reunification of the minor with one or both | ||
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(3) that it is not in the best interest of the minor | ||
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(c) For purposes of this Section: "Abandonment" means, but is not limited to, the failure of a parent or legal guardian to maintain a reasonable degree of interest, concern, or responsibility for the welfare of his or her minor child or ward. "Abandonment" includes the definition of "dependency" provided in Section 2-4. "Abuse" has the meaning provided in Section 2-3. "Neglect" has the meaning provided in Section 2-3.
(Source: P.A. 102-259, eff. 8-6-21; 102-813, eff. 5-13-22.)
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(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2) of Sections
2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the subject of the
proceeding
and the minor's parents, guardian, legal custodian or responsible relative who are
parties respondent have the right to be present, to be heard, to present
evidence material to the proceedings, to cross-examine witnesses, to
examine pertinent court files and records and also, although proceedings
under this Act are not intended to be adversary in character, the right to
be represented by counsel. At the request of any party financially unable
to employ counsel, with the exception of a foster parent permitted to
intervene under this Section, the court shall appoint the Public Defender or
such other counsel as the case may require.
Counsel appointed for the minor and any indigent party shall appear at all
stages of the trial court proceeding, and such appointment shall continue
through the permanency hearings and
termination of parental rights proceedings subject to withdrawal, vacating of appointment, or
substitution pursuant to Supreme Court Rules or the Code of Civil Procedure.
Following the dispositional hearing, the court may require appointed counsel,
other than counsel for the minor or counsel for the guardian ad litem,
to withdraw the counsel's appearance upon failure of the party for whom counsel
was appointed under this Section to attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act may be
commenced unless
the minor who is the subject of the proceeding is represented by counsel.
Notwithstanding the preceding sentence, if a guardian ad litem has been
appointed for the minor under Section 2-17 of this
Act and the guardian ad litem is a licensed attorney at law of this State, or
in the event that a court appointed special advocate has been appointed as
guardian ad litem and counsel has been appointed to represent the court
appointed special advocate, the
court may not require the appointment of counsel to represent the
minor unless the court finds that the minor's interests are in conflict with
what the guardian ad litem determines to be in the best interest of the
minor. Each
adult respondent shall be furnished a written "Notice of Rights" at
or before the first hearing at which the adult respondent appears.
(1.5) The Department shall maintain
a system of response to inquiry made by parents or putative
parents as to whether their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the parents or putative
parents to the appropriate court of jurisdiction, including where inquiry may
be made of the clerk of the court regarding the case number and the next
scheduled court date of the minor's case.
Effective notice and the means of accessing information shall be given to the
public on a continuing basis
by the
Department.
(2)(a) Though not appointed guardian or legal custodian or otherwise made
a party to the proceeding, any current or previously appointed foster parent
or relative caregiver, or representative of an agency or association
interested in the minor has
the right to be heard by the court, but does not thereby become a party
to the proceeding.
In addition to the foregoing right to be heard by the court, any current
foster parent or relative caregiver of a minor and the agency designated
by the court or the
Department of Children and Family Services as custodian of the minor who
is alleged to be or has been adjudicated an abused or neglected minor under
Section 2-3 or a
dependent minor under Section 2-4 of this Act has the right to and shall be
given adequate notice at all stages of any hearing or proceeding under this
Act.
Any foster parent or relative caregiver who is denied the
right to be heard under this
Section may bring a mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce that right. The
mandamus action may be brought immediately upon the denial of those rights but
in no event later than 30 days after the foster parent has been denied the
right to be heard.
(b) If after an adjudication that a minor is abused or neglected as provided
under Section 2-21 of this Act and a motion has been
made to restore the
minor to any parent, guardian, or legal custodian found by the court to have
caused the neglect or to have inflicted the abuse on the minor, a foster parent
may file a motion to intervene in the proceeding for
the sole purpose of
requesting that the minor be placed with the foster parent, provided that the
foster parent (i) is the current foster parent of the minor or (ii) has
previously been a foster parent for the minor for one year or more, has a
foster care license or is eligible for a license or is not required to have a license, and is not the subject of any
findings of abuse or neglect of any child. The juvenile court may only enter
orders placing a minor with a specific foster parent under this subsection
(2)(b) and nothing in this Section shall be construed to confer any
jurisdiction or authority on the juvenile court to issue any other orders
requiring the appointed guardian or custodian of a minor to place the minor in
a designated foster home or facility. This Section is not intended to
encompass any matters that are within the
scope or determinable under the administrative and appeal process established
by rules of the Department of Children and Family Services under Section
5(o) of the Children and Family Services Act. Nothing in this Section shall
relieve the court of its responsibility, under Section 2-14(a) of
this Act to act in a just and speedy manner to reunify families where it is
the best interests of the minor and the child can be cared for at home
without endangering the child's health or safety and, if reunification is not
in the best
interests of the minor, to find another permanent home for the minor. Nothing
in this Section, or in any order issued by the court with respect to the
placement of a minor with a foster parent, shall impair the ability of the
Department of Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to remove a minor
from the home of a foster parent if the Department of Children and Family
Services or the person removing the minor has reason to believe that the
circumstances or conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the child's health and
safety or present an imminent risk of harm to that
minor's life.
(c) If a foster parent has had the minor who is the subject of the
proceeding under Article II in the foster parent's home for more than one year on or
after July 3, 1994 and if the minor's
placement is being terminated from that foster parent's home, that foster
parent shall have standing and intervenor status except in those
circumstances where the Department of Children and Family Services or anyone
else authorized under Section 5 of the Abused and Neglected Child Reporting Act
has removed the minor from the foster parent because of a reasonable belief
that the circumstances or conditions of the minor are such that continuing in
the residence or care of the foster parent will jeopardize the child's health
or safety or presents an imminent risk of harm to
the minor's life.
(d) The court may grant standing to any foster parent
if the court finds that it is in the best interest of the child for the foster
parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in compliance with Sections
2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or 5-525 and 5-530, as appropriate.
At the first appearance before the court by the minor, the minor's
parents, guardian, custodian or responsible relative, the court shall explain
the nature of the proceedings and inform the parties of their rights under the
first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or dependent, the court
shall
admonish the parents that if the court declares the child to be a ward of the
court and
awards custody or guardianship to the Department of Children and Family
Services, the parents must cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of
the court under Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform
the parties of their right to appeal therefrom as well as from any other
final judgment of the court.
When the court finds that a child is an abused, neglected, or dependent
minor under
Section 2-21, the court shall admonish the parents that the parents must
cooperate with
the Department of Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the child to be in care,
or risk termination of
their parental
rights.
When the court declares a child to be a ward of the court and awards
guardianship to the Department of Children and Family Services under Section
2-22, the court shall admonish the parents,
guardian,
custodian, or responsible relative that the parents must cooperate with the
Department of Children and Family Services, comply
with the terms of the service plans, and correct the conditions that require
the child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is the subject of
the proceedings by reason of the minor's refusal or failure to testify in the course
of any hearing held prior to final adjudication under Section 2-22, 3-23, 4-20
or 5-705.
(5) In the discretion of the court, the minor may be excluded from any
part or parts of a dispositional hearing and, with the consent of the parent
or parents, guardian, counsel or a guardian ad litem, from any part or parts
of an adjudicatory hearing.
(6) The general public except for the news media and the crime victim, as defined in Section 3 of the Rights of Crime Victims and Witnesses Act, shall be
excluded from any hearing and, except for the persons specified in this
Section only persons, including representatives of agencies and
associations, who in the opinion of the court have a direct interest in the
case or in the work of the court shall be admitted to the hearing. However,
the court may, for the minor's safety and protection and for good cause
shown,
prohibit any person or agency present in court from further disclosing the
minor's identity.
Nothing in this subsection (6) prevents the court from allowing other
juveniles to be present or to participate in a court session being held
under the Juvenile Drug Court Treatment Act.
(7) A party shall not be entitled to exercise the right to a substitution
of a judge without cause under subdivision (a)(2) of Section 2-1001 of the Code
of Civil Procedure in a proceeding under this Act if the judge is currently
assigned to a proceeding involving the alleged abuse, neglect, or dependency of
the minor's sibling or half sibling and that judge has made a substantive
ruling in the proceeding involving the minor's sibling or half sibling.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/1-6) (from Ch. 37, par. 801-6)
Sec. 1-6.
State's Attorney.
The State's Attorneys of the several counties
shall represent the people of the State of Illinois in proceedings under
this Act in their respective counties.
(Source: P.A. 85-601.)
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(705 ILCS 405/1-7) (Text of Section before amendment by P.A. 103-822) Sec. 1-7. Confidentiality of juvenile law enforcement and municipal ordinance violation records. (A) All juvenile law enforcement records which have not been expunged are confidential and may never be disclosed to the general public or otherwise made widely available. Juvenile law enforcement records may be obtained only under this Section and Section 1-8 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them. Inspection, copying, and disclosure of juvenile law enforcement records maintained by law
enforcement agencies or records of municipal ordinance violations maintained by any State, local, or municipal agency that relate to a minor who has been investigated, arrested, or taken
into custody before the minor's 18th birthday shall be restricted to the
following: (0.05) The minor who is the subject of the juvenile | ||
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(0.10) Judges of the circuit court and members of the | ||
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(0.15) An administrative adjudication hearing officer | ||
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(1) Any local, State, or federal law enforcement | ||
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(2) Prosecutors, public defenders, probation | ||
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(3) Federal, State, or local prosecutors, public | ||
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(a) in the course of a trial when institution of | ||
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(b) when institution of criminal proceedings has | ||
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(c) when criminal proceedings have been permitted | ||
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(d) in the course of prosecution or | ||
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(4) Adult and Juvenile Prisoner Review Board. (5) Authorized military personnel. (5.5) Employees of the federal government authorized | ||
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(6) Persons engaged in bona fide research, with the | ||
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(7) Department of Children and Family Services child | ||
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(8) The appropriate school official only if the | ||
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(A) Inspection and copying shall be limited to | ||
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(i) any violation of Article 24 of the | ||
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(ii) a violation of the Illinois Controlled | ||
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(iii) a violation of the Cannabis Control Act; (iv) a forcible felony as defined in Section | ||
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(v) a violation of the Methamphetamine | ||
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(vi) a violation of Section 1-2 of the | ||
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(vii) a violation of the Hazing Act; or (viii) a violation of Section 12-1, 12-2, | ||
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The information derived from the juvenile law | ||
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(B) Any information provided to appropriate | ||
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(9) Mental health professionals on behalf of the | ||
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(10) The president of a park district. Inspection | ||
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(11) Persons managing and designated to participate | ||
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(12) The Public Access Counselor of the Office of the | ||
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(13) Collection agencies, contracted or otherwise | ||
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(B)(1) Except as provided in paragraph (2), no law enforcement
officer or other person or agency may knowingly transmit to the Department of
Corrections, the Illinois State Police, or the Federal
Bureau of Investigation any fingerprint or photograph relating to a minor who
has been arrested or taken into custody before the minor's 18th birthday,
unless the court in proceedings under this Act authorizes the transmission or
enters an order under Section 5-805 permitting or requiring the
institution of
criminal proceedings. (2) Law enforcement officers or other persons or agencies shall transmit
to the Illinois State Police copies of fingerprints and descriptions
of all minors who have been arrested or taken into custody before their
18th birthday for the offense of unlawful use of weapons under Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012, a Class X or Class 1 felony, a forcible felony as
defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class 2 or greater
felony under the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act,
or Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 of the
Criminal Identification Act. Information reported to the Department pursuant
to this Section may be maintained with records that the Department files
pursuant to Section 2.1 of the Criminal Identification Act. Nothing in this
Act prohibits a law enforcement agency from fingerprinting a minor taken into
custody or arrested before the minor's 18th birthday for an offense other than
those listed in this paragraph (2). (C) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under
18 years of age must be maintained separate from the records of arrests and
may not be open to public inspection or their contents disclosed to the
public. For purposes of obtaining documents under this Section, a civil subpoena is not an order of the court. (1) In cases where the law enforcement, or | ||
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(2) In cases where the records concern a juvenile | ||
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(3) In determining whether the records should be | ||
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(D) Nothing contained in subsection (C) of this Section shall prohibit
the inspection or disclosure to victims and witnesses of photographs
contained in the records of law enforcement agencies when the
inspection and disclosure is conducted in the presence of a law enforcement
officer for the purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation or
prosecution of any crime. (E) Law enforcement officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor
in releasing information to the general public as to the arrest, investigation
or disposition of any case involving a minor. (F) Nothing contained in this Section shall prohibit law enforcement
agencies from communicating with each other by letter, memorandum, teletype, or
intelligence alert bulletin or other means the identity or other relevant
information pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and present danger
to the safety of the public or law enforcement officers. The information
provided under this subsection (F) shall remain confidential and shall not
be publicly disclosed, except as otherwise allowed by law. (G) Nothing in this Section shall prohibit the right of a Civil Service
Commission or appointing authority of any federal government, state, county or municipality
examining the character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire department
from obtaining and examining the
records of any law enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the applicant's 18th
birthday. (G-5) Information identifying victims and alleged victims of sex offenses shall not be disclosed or open to the public under any circumstances. Nothing in this Section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing this identity. (H) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (H-5) Nothing in this Section shall require any court or adjudicative proceeding for traffic, boating, fish and game law, or municipal and county ordinance violations to be closed to the public. (I) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (I) shall not apply to the person who is the subject of the record. (J) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater. (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) (Text of Section after amendment by P.A. 103-822) Sec. 1-7. Confidentiality of juvenile law enforcement and municipal ordinance violation records. (A) All juvenile law enforcement records which have not been expunged are confidential and may never be disclosed to the general public or otherwise made widely available. Juvenile law enforcement records may be obtained only under this Section and Section 1-8 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them. Inspection, copying, and disclosure of juvenile law enforcement records maintained by law enforcement agencies or records of municipal ordinance violations maintained by any State, local, or municipal agency that relate to a minor who has been investigated, arrested, or taken into custody before the minor's 18th birthday shall be restricted to the following: (0.05) The minor who is the subject of the juvenile | ||
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(0.10) Judges of the circuit court and members of the | ||
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(0.15) An administrative adjudication hearing officer | ||
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(1) Any local, State, or federal law enforcement | ||
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(2) Prosecutors, public defenders, probation | ||
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(3) Federal, State, or local prosecutors, public | ||
| ||
(a) in the course of a trial when institution of | ||
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(b) when institution of criminal proceedings has | ||
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(c) when criminal proceedings have been permitted | ||
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(d) in the course of prosecution or | ||
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(4) Adult and Juvenile Prisoner Review Board. (5) Authorized military personnel. (5.5) Employees of the federal government authorized | ||
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(6) Persons engaged in bona fide research, with the | ||
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(7) Department of Children and Family Services child | ||
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(8) The appropriate school official only if the | ||
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(A) Inspection and copying shall be limited to | ||
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(i) any violation of Article 24 of the | ||
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(ii) a violation of the Illinois Controlled | ||
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(iii) a violation of the Cannabis Control Act; (iv) a forcible felony as defined in Section | ||
| ||
(v) a violation of the Methamphetamine | ||
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(vi) a violation of Section 1-2 of the | ||
| ||
(vii) a violation of the Hazing Act; or (viii) a violation of Section 12-1, 12-2, | ||
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The information derived from the juvenile law | ||
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(B) Any information provided to appropriate | ||
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(9) Mental health professionals on behalf of the | ||
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(10) The president of a park district. Inspection and | ||
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(11) Persons managing and designated to participate | ||
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(12) The Public Access Counselor of the Office of the | ||
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(13) Collection agencies, contracted or otherwise | ||
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(B)(1) Except as provided in paragraph (2), no law enforcement officer or other person or agency may knowingly transmit to the Department of Corrections, the Illinois State Police, or the Federal Bureau of Investigation any fingerprint or photograph relating to a minor who has been arrested or taken into custody before the minor's 18th birthday, unless the court in proceedings under this Act authorizes the transmission or enters an order under Section 5-805 permitting or requiring the institution of criminal proceedings. (2) Law enforcement officers or other persons or agencies shall transmit to the Illinois State Police copies of fingerprints and descriptions of all minors who have been arrested or taken into custody before their 18th birthday for the offense of unlawful possession of weapons under Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, a Class X or Class 1 felony, a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012, or a Class 2 or greater felony under the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 of the Criminal Identification Act. Information reported to the Department pursuant to this Section may be maintained with records that the Department files pursuant to Section 2.1 of the Criminal Identification Act. Nothing in this Act prohibits a law enforcement agency from fingerprinting a minor taken into custody or arrested before the minor's 18th birthday for an offense other than those listed in this paragraph (2). (C) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under 18 years of age must be maintained separate from the records of arrests and may not be open to public inspection or their contents disclosed to the public. For purposes of obtaining documents under this Section, a civil subpoena is not an order of the court. (1) In cases where the law enforcement, or | ||
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(2) In cases where the records concern a juvenile | ||
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(3) In determining whether the records should be | ||
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(D) Nothing contained in subsection (C) of this Section shall prohibit the inspection or disclosure to victims and witnesses of photographs contained in the records of law enforcement agencies when the inspection and disclosure is conducted in the presence of a law enforcement officer for the purpose of the identification or apprehension of any person subject to the provisions of this Act or for the investigation or prosecution of any crime. (E) Law enforcement officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor. (F) Nothing contained in this Section shall prohibit law enforcement agencies from communicating with each other by letter, memorandum, teletype, or intelligence alert bulletin or other means the identity or other relevant information pertaining to a person under 18 years of age if there are reasonable grounds to believe that the person poses a real and present danger to the safety of the public or law enforcement officers. The information provided under this subsection (F) shall remain confidential and shall not be publicly disclosed, except as otherwise allowed by law. (G) Nothing in this Section shall prohibit the right of a Civil Service Commission or appointing authority of any federal government, state, county or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department from obtaining and examining the records of any law enforcement agency relating to any record of the applicant having been arrested or taken into custody before the applicant's 18th birthday. (G-5) Information identifying victims and alleged victims of sex offenses shall not be disclosed or open to the public under any circumstances. Nothing in this Section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing this identity. (H) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (H-5) Nothing in this Section shall require any court or adjudicative proceeding for traffic, boating, fish and game law, or municipal and county ordinance violations to be closed to the public. (I) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (I) shall not apply to the person who is the subject of the record. (J) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater. (Source: P.A. 102-538, eff. 8-20-21; 102-752, eff. 1-1-23; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-822, eff. 1-1-25.) |
(705 ILCS 405/1-8) Sec. 1-8. Confidentiality and accessibility of juvenile court records. (A) A juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal. Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority. All juvenile court records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available. Sealed juvenile court records may be obtained only under this Section and Section 1-7 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court. Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following: (1) The minor who is the subject of record, the | ||
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(2) Law enforcement officers and law enforcement | ||
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Before July 1, 1994, for the purposes of this | ||
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Beginning July 1, 1994, for purposes of this Section, | ||
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(3) Judges, hearing officers, prosecutors, public | ||
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(4) Judges, federal, State, and local prosecutors, | ||
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(a) in the course of a trial when institution of | ||
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(b) when criminal proceedings have been permitted | ||
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(c) when criminal proceedings have been permitted | ||
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(d) when a minor becomes 18 years of age or | ||
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(5) Adult and Juvenile Prisoner Review Boards. (6) Authorized military personnel. (6.5) Employees of the federal government authorized | ||
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(7) Victims, their subrogees and legal | ||
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(8) Persons engaged in bona fide research, with the | ||
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(9) The Secretary of State to whom the Clerk of the | ||
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(10) The administrator of a bonafide substance abuse | ||
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(11) Mental health professionals on behalf of the | ||
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(12) (Blank). (A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code. (B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding disclosure of identity as the minor who is the subject of record. (C)(0.1) In cases where the records concern a pending juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought. (0.2) In cases where the juvenile court records concern a juvenile court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act. (0.3) In determining whether juvenile court records should be made available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting party's interest in obtaining the information. The State's Attorney, the minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records. (0.4) Any records obtained in violation of this Section shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license granted by public authority. (D) Pending or following any adjudication of delinquency for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Rights of Crime Victims and Witnesses Act; and the juvenile who is the subject of the adjudication, notwithstanding any other provision of this Act, shall be treated as an adult for the purpose of affording such rights to the victim. (E) Nothing in this Section shall affect the right of a Civil Service Commission or appointing authority of the federal government, or any state, county, or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department to ascertain whether that applicant was ever adjudicated to be a delinquent minor and, if so, to examine the records of disposition or evidence which were made in proceedings under this Act. (F) Following any adjudication of delinquency for a crime which would be a felony if committed by an adult, or following any adjudication of delinquency for a violation of Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain whether the minor respondent is enrolled in school and, if so, shall provide a copy of the dispositional order to the principal or chief administrative officer of the school. Access to the dispositional order shall be limited to the principal or chief administrative officer of the school and any school counselor designated by the principal or chief administrative officer. (G) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders. (H) When a court hearing a proceeding under Article II of this Act becomes aware that an earlier proceeding under Article II had been heard in a different county, that court shall request, and the court in which the earlier proceedings were initiated shall transmit, an authenticated copy of the juvenile court record, including all documents, petitions, and orders filed and the minute orders, transcript of proceedings, and docket entries of the court. (I) The Clerk of the Circuit Court shall report to the Illinois State Police, in the form and manner required by the Illinois State Police, the final disposition of each minor who has been arrested or taken into custody before the minor's 18th birthday for those offenses required to be reported under Section 5 of the Criminal Identification Act. Information reported to the Illinois State Police under this Section may be maintained with records that the Illinois State Police files under Section 2.1 of the Criminal Identification Act. (J) The changes made to this Section by Public Act 98-61 apply to juvenile law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (K) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000. This subsection (K) shall not apply to the person who is the subject of the record. (L) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater. (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/1-8.1) (from Ch. 37, par. 801-8.1)
Sec. 1-8.1.
(Repealed).
(Source: P.A. 87-928. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/1-8.2) (from Ch. 37, par. 801-8.2)
Sec. 1-8.2.
(Repealed).
(Source: P.A. 89-656, eff. 1-1-97. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
Sec. 1-9. Expungement of law enforcement and juvenile court records.
(1) Expungement of law enforcement and juvenile court delinquency records
shall be governed by Part 9 of Article V of this Act.
(2) This subsection (2) applies to expungement of law enforcement and
juvenile court records other than delinquency proceedings. Whenever any
person has attained the age of 18 or whenever all juvenile court
proceedings
relating to that person have been terminated, whichever is later, the person
may petition the court to expunge law enforcement records relating to incidents
occurring before the minor's 18th birthday or the minor's juvenile court records, or both, if
the minor was placed under supervision pursuant to Sections
2-20, 3-21, or 4-18, and such order of supervision has since been successfully
terminated.
(3) The chief judge of the circuit in which an arrest was made or a charge
was brought or any judge of that circuit designated by the chief judge may,
upon verified petition of a person who is the subject of an arrest or a
juvenile court proceeding pursuant to subsection (2) of
this Section, order the law enforcement records or juvenile court records,
or both, to be expunged from the official records of the arresting authority
and the clerk of the circuit court. Notice of the petition shall be served
upon the State's Attorney and upon the arresting authority which is the
subject of the petition for expungement.
(4) The changes made to this Section by this amendatory Act of the 98th General Assembly apply to law enforcement and juvenile court records of a minor who has been arrested or taken into custody on or after the effective date of this amendatory Act. (Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/1-10) (from Ch. 37, par. 801-10)
Sec. 1-10.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/1-11) (from Ch. 37, par. 801-11)
Sec. 1-11.
Designation of special courtrooms.
Special courtrooms may be
provided in any county for the hearing of all cases under this Act.
(Source: P.A. 85-601.)
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(705 ILCS 405/1-12) (from Ch. 37, par. 801-12)
Sec. 1-12.
Neither the State, any unit of local government,
probation department, public or community service program or
site, nor any official, volunteer, or employee thereof acting in the course
of their official duties shall be liable for any injury or
loss a person might receive while performing public or community
service as ordered either (1) by the court or (2) by any duly authorized
station or probation adjustment, teen court, community mediation, or other
administrative diversion program authorized by this Act
for a violation of a penal statute of this State or a local government
ordinance
(whether penal, civil, or quasi-criminal) or for a traffic offense, nor shall
they
be liable for
any tortious acts of any person performing public or community
service, except for wilful, wanton misconduct or gross negligence
on the part of such governmental unit, probation department, or public or
community service program or site or on the part of the official,
volunteer, or employee.
(Source: P.A. 91-820, eff. 6-13-00.)
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(705 ILCS 405/1-13) (from Ch. 37, par. 801-13)
Sec. 1-13.
No minor assigned to a public or community service program by
either a court or an authorized diversion program
shall be considered an employee for any purpose, nor shall the county board
be obligated to provide any compensation to such minor.
(Source: P.A. 91-820, eff. 6-13-00.)
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(705 ILCS 405/1-14) (from Ch. 37, par. 801-14)
Sec. 1-14.
(Repealed).
(Source: P.A. 86-980. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/1-15) (from Ch. 37, par. 801-15)
Sec. 1-15.
Wrong Venue or Inadequate Service.
(a) All objections of
improper venue are waived by a party respondent unless a motion to transfer
to a proper venue is made by that party respondent before the start of an
adjudicatory hearing conducted under any Article of this Act. No order or
judgment is void because of a claim that it was rendered in the wrong venue
unless that claim is raised in accordance with this Section.
(b) A party respondent who either has been properly served, or who
appears before the court personally or by counsel at the adjudicatory
hearing or at any earlier proceeding on a petition for wardship under this
Act leading to that adjudicatory hearing, and who wishes to object to the
court's jurisdiction on the ground that some necessary party either has not
been served or has not been properly served must raise that claim before
the start of the adjudicatory hearing conducted under any Article of this
Act. No order or judgment is void because of a claim of inadequate service
unless that claim is raised in accordance with this Section.
(Source: P.A. 86-1012; 86-1475.)
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(705 ILCS 405/1-16) (from Ch. 37, par. 801-16)
Sec. 1-16.
Order of protection; status.
Whenever relief is sought
regarding any type of custody matter under this Act, the court, before
granting relief, shall determine whether any order of protection has
previously been entered in the instant proceeding or any other proceeding
in which any party, or a child of any party, or both, if relevant, has been
designated as either a respondent or a protected person.
(Source: P.A. 87-743.)
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(705 ILCS 405/1-17) (from Ch. 37, par. 801-17)
Sec. 1-17.
With respect to any minor for whom the Department of
Children and Family Services Guardianship Administrator is appointed the
temporary custodian or guardian, the Guardianship Administrator may
designate in writing a private agency or an employee of a private agency to
appear at court proceedings and testify as to the factual matters contained in
the casework files and recommendations involving the minor. The private agency
or the employee of a private agency must have personal and thorough knowledge
of the facts of the case in which the appointment is made. The designated
private agency or employee shall appear at the proceedings. If the Court finds
that it is in the best interests of the minor that an employee or employees of
the Department appear in addition to the private agency or employee of a
private agency, the Court shall set forth the reasons in writing for their
required appearance.
(Source: P.A. 87-1147.)
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(705 ILCS 405/1-18)
Sec. 1-18.
Administrative Office of the Illinois Courts; report.
The
Administrative Office of the Illinois Courts shall study the fiscal impact
of the implementation of Public Act 90-590 (the Juvenile Justice Reform
Provisions of 1998) which is under its authority and submit a report of that
study to the General Assembly within 12 months after the enactment of that
Act. The Administrative Office may, in addition to other requests, make a
request for funding of the implementation of that Act.
(Source: Incorporates P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
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(705 ILCS 405/1-19) Sec. 1-19. Fines, assessments, civil judgments, and outstanding balances owed by minors or their parents, guardians, or legal custodians; report. (a) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, fines and assessments, such as fees or administrative costs, shall not be ordered or imposed on the following individuals as of the effective date of this amendatory Act of the 103rd General Assembly: (1) a minor subject to Article III, IV, or V of this | ||
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(2) a minor under the age of 18 transferred to adult | ||
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(b) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, all unsatisfied civil judgments, outstanding balances for fines, and outstanding balances for assessments, such as fees or administrative costs, including interest, penalties, or collection fees entered prior to the effective date of this amendatory Act of the 103rd General Assembly in cases pursuant to subsection (a) of this Section, are null, void, satisfied, and not collectible. (c) Except for restitution and assessments issued for adjudications under Section 5-125 of this Act, within one year of the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk of each county shall discharge and waive 100% of all outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, entered against a minor or the minor's parent, guardian, or legal custodian in the following: (1) cases involving a minor subject to Article III, | ||
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(2) cases involving a minor under the age of 18 | ||
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(d) Within 30 calendar days after the effective date of this amendatory Act of the 103rd General Assembly, the State's Attorney or circuit court clerk in each county shall provide written notice to collection agencies contracted or assigned to collect outstanding balances in cases pursuant to this Section that outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, are null, void, satisfied, and not collectible as of the effective date of this amendatory Act of the 103rd General Assembly. (e) If a payment is made by a minor or his or her parent, guardian, or legal custodian on or after the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk shall reimburse payments made towards unsatisfied civil judgments, unpaid fines, or unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, made null, void, satisfied, and uncollectible by this amendatory Act of the 103rd General Assembly. (f) Within one year of the effective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk of each county shall report to the Illinois Juvenile Justice Commission the following data, in a form and manner to be determined by the Commission, specific to all outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments, such as fees or administrative costs, made null, void, satisfied, and not collectible by this amendatory Act of the 103rd General Assembly: (1) As of the effective date of this amendatory Act | ||
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(A) have outstanding balances; and (B) have outstanding balances converted into | ||
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(2) The number of cases or individuals with | ||
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(3) The total amount of outstanding balances | ||
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(A) unsatisfied civil judgments; (B) unpaid fines; and (C) unpaid assessments, such as fees or | ||
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(Source: P.A. 103-379, eff. 7-28-23.) |
(705 ILCS 405/Art. II heading) ARTICLE II.
ABUSED, NEGLECTED OR
DEPENDENT MINORS
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(705 ILCS 405/2-1) (from Ch. 37, par. 802-1)
Sec. 2-1. Jurisdictional facts. Proceedings may be instituted under the
provisions of this Article concerning minors who are abused,
neglected or dependent, as defined in Sections 2-3 or 2-4.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-2) (from Ch. 37, par. 802-2)
Sec. 2-2. Venue. (1) Venue under this Article lies in the county where
the minor resides or is found.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at
any time before or after adjudication of wardship transfer the case to the
county of the minor's residence. Transfer in like manner may be made in the event of a
change of residence from one county to another of a minor concerning whom
proceedings are pending. (3) Not later than the 15th working day after the date an order of transfer is entered, the clerk of the court transferring a proceeding shall send to the clerk of the receiving court in the county to which the transfer is being made an authenticated copy of the court record, including all documents, petitions, and orders filed therein, and the minute orders and docket entries of the court. The clerk of the receiving court shall set a status hearing within 10 business days of receipt of the case and shall notify the judge of the receiving court and all parties. (4) The receiving court shall review the court record immediately upon receipt. Within 20 business days of receipt of the record, the reviewing court shall send a notice to the transferring court indicating it has accepted the case and scheduled a status date. Until the transferring court receives this notice, it continues to have jurisdiction over the case. If for any reason the receiving court does not accept the transfer, the receiving court shall, within 20 business days of receiving the case, send a notice to the transferring court indicating its reasons. The transferring court shall continue its jurisdiction of the case and shall set the matter for status within 20 business days.
(Source: P.A. 102-164, eff. 7-26-21.)
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(705 ILCS 405/2-3) (from Ch. 37, par. 802-3) Sec. 2-3. Neglected or abused minor. (1) Those who are neglected include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday: (a) who is not receiving the proper or necessary | ||
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(b) whose environment is injurious to the minor's | ||
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(c) who is a newborn infant whose blood, urine, or | ||
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(d) whose parent or other person responsible for the | ||
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(1) the age of the minor; (2) the number of minors left at the location; (3) the special needs of the minor, including | ||
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(4) the duration of time in which the minor was | ||
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(5) the condition and location of the place where | ||
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(6) the time of day or night when the minor was | ||
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(7) the weather conditions, including whether the | ||
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(8) the location of the parent or guardian at the | ||
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(9) whether the minor's movement was restricted | ||
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(10) whether the minor was given a phone number | ||
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(11) whether there was food and other provision | ||
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(12) whether any of the conduct is attributable | ||
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(13) the age and physical and mental capabilities | ||
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(14) whether the minor was left under the | ||
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(15) any other factor that would endanger the | ||
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(e) who has been provided with interim crisis | ||
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A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (1.5) A minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare permits the minor to engage in independent activities unless the minor was permitted to engage in independent activities under circumstances presenting unreasonable risk of harm to the minor's mental or physical health, safety, or well-being. "Independent activities" includes, but is not limited to: (a) traveling to and from school, including by | ||
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(b) traveling to and from nearby commercial or | ||
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(c) engaging in outdoor play; (d) remaining in a vehicle unattended, except as | ||
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(e) remaining at home or at a similarly appropriate | ||
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(f) engaging in a similar independent activity alone | ||
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In determining whether an independent activity presented unreasonable risk of harm, the court shall consider: (1) whether the activity is accepted as suitable for | ||
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(2) the factors listed in items (1) through (15) of | ||
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(3) any other factor the court deems relevant. (2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent: (i) inflicts, causes to be inflicted, or allows to be | ||
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(ii) creates a substantial risk of physical injury to | ||
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(iii) commits or allows to be committed any sex | ||
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(iv) commits or allows to be committed an act or acts | ||
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(v) inflicts excessive corporal punishment; (vi) commits or allows to be committed the offense of | ||
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(vii) allows, encourages, or requires a minor to | ||
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A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor or the minor's parents, guardian, or custodian. (4) The changes made by Public Act 101-79 apply to a case that is pending on or after July 12, 2019 (the effective date of Public Act 101-79). (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
Sec. 2-4. Dependent minor.
(1) Those who are dependent include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday:
(a) who is without a parent, guardian or legal | ||
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(b) who is without proper care because of the | ||
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(c) who is without proper medical or other remedial | ||
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(d) who has a parent, guardian or legal custodian who | ||
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(2) This Section does not apply to a minor who would be included
herein solely for the purpose of qualifying for financial assistance for the minor, the minor's
parent or parents, guardian or custodian or to a minor solely because the minor's parent or parents or guardian has left the minor for any period of time in the care
of an adult relative, who the parent or parents or guardian know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act.
(3) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly. (Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-4a)
Sec. 2-4a. (Repealed).
(Source: P.A. 102-588, eff. 8-20-21. Repealed by P.A. 102-259, eff. 8-6-21.)
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(705 ILCS 405/2-4b) Sec. 2-4b. Family Support Program services; hearing. (a) Any minor who is placed in the custody or guardianship of the Department of Children and Family Services under Article II of this Act on the basis of a petition alleging that the minor is dependent because the minor was left at a psychiatric hospital beyond medical necessity, and for whom an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services at the time the petition was filed, shall continue to be considered eligible for services if all other eligibility criteria are met. (b) The court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate the custody or guardianship of the Department of Children and Family Services and return the minor to the custody of the respondent with Family Support Program services or whether the minor shall continue to be in the custody or guardianship of the Department of Children and Family Services and decline the Family Support Program services. In making its determination, the court shall consider the minor's best interest, the involvement of the respondent in proceedings under this Act, the involvement of the respondent in the minor's treatment, the relationship between the minor and the respondent, and any other factor the court deems relevant. If the court vacates the custody or guardianship of the Department of Children and Family Services and returns the minor to the custody of the respondent with Family Support Services, the Department of Healthcare and Family Services shall become fiscally responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain fiscally responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services. (c) This Section does not apply to a minor: (1) for whom a petition has been filed under this Act | ||
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(2) for whom the court has made a finding that the | ||
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(3) who is in the temporary custody of the Department | ||
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(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/2-5) (from Ch. 37, par. 802-5)
Sec. 2-5. Taking into custody. (1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be a person described in Section 2-3 or 2-4; (b) who has been
adjudged a ward of the court and has escaped from any commitment ordered by
the court under this Act; or (c) who is found in any street or public place
suffering from any sickness or injury which requires care, medical
treatment or hospitalization.
(2) Whenever a petition has been filed under Section 2-13 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of the minor or others or that the
circumstances of the minor's home environment may endanger the minor's health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-6) (from Ch. 37, par. 802-6) Sec. 2-6. Duty of officer. A law enforcement officer who takes a minor into custody under Section 2-5 shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held. (a) A law enforcement officer who takes a minor into | ||
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(b) A law enforcement officer who takes a minor into | ||
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(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-7) (from Ch. 37, par. 802-7)
Sec. 2-7. Temporary custody. "Temporary custody" means the
temporary placement of the minor out of the custody of the minor's guardian
or parent, and includes the following:
(1) "Temporary protective custody" means custody | ||
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(2) "Shelter care" means a physically unrestrictive | ||
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-8) (from Ch. 37, par. 802-8)
Sec. 2-8. Investigation; release. When a minor is delivered to the
court, or to the place designated by the court under Section 2-7 of this Act,
a probation officer or such other public officer designated by the court
shall immediately investigate the circumstances of the minor and the
facts surrounding the minor being taken into custody. The minor shall be
immediately released to the custody of the minor's parent, guardian, legal
custodian or responsible relative, unless the probation officer or such
other public officer designated by the court finds that further
temporary protective custody is necessary, as provided in Section 2-7.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-9) (from Ch. 37, par. 802-9) Sec. 2-9. Setting of temporary custody hearing; notice; release. (1) Unless sooner released, a minor, as defined in Section 2-3 or 2-4 of this Act, taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays, and court-designated holidays, for a temporary custody hearing to determine whether the minor shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court shall cause a petition to be filed as provided in Section 2-13 of this Article, and the clerk of the court shall set the matter for hearing on the temporary custody hearing calendar. When a parent, guardian, custodian, or responsible relative is present and so requests, the temporary custody hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The petitioner through counsel or such other public officer designated by the court shall ensure notification to the minor's parent, guardian, custodian, or responsible relative of the time and place of the hearing by the best practicable notice, allowing for oral notice in place of written notice only if provision of written notice is unreasonable under the circumstances. (3) The minor must be released from temporary protective custody at the expiration of the 48-hour period specified by this Section if not brought before a judicial officer within that period.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10) Sec. 2-10. Temporary custody hearing. At the appearance of the minor before the court at the temporary custody 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 abused, neglected, or dependent 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 abused, neglected, or dependent, the court shall state in writing the factual basis supporting its finding and the minor, the minor's parent, guardian, or custodian, and other persons able to give relevant testimony shall be examined before the court. The Department of Children and Family Services shall give testimony concerning indicated reports of abuse and neglect, of which they are aware through the central registry, involving the minor's parent, guardian, or custodian. After such testimony, the court may, consistent with the health, safety, and best interests of the minor, enter an order that the minor shall be released upon the request of parent, guardian, or custodian if the parent, guardian, or custodian appears to take custody. If it is determined that a parent's, guardian's, or custodian's compliance with critical services mitigates the necessity for removal of the minor from the minor's home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "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. If it is consistent with the health, safety, and best interests of the minor, the court may also 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; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except a minor less than 16 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act or a minor for whom an independent basis of abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act or a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. 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. In determining the health, safety, and best interests of the minor to prescribe shelter care, the court must find that it is a matter of immediate and urgent necessity for the safety, and protection of the minor or of the person or property of another that the minor be placed in a shelter care facility or that the minor is likely to flee the jurisdiction of the court, and must further find that reasonable efforts have been made or that, consistent with the health, safety and best interests of the minor, no efforts reasonably can be made to prevent or eliminate the necessity of removal of the minor from the minor's home. The court shall require documentation from the Department of Children and Family Services as to the reasonable efforts that were made to prevent or eliminate the necessity of removal of the minor from the minor's home or the reasons why no efforts reasonably could be made to prevent or eliminate the necessity of removal. When a minor is placed in the home of a relative, the Department of Children and Family Services shall complete a preliminary background review of the members of the minor's custodian's household in accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of that placement. 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, 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 the minor's family to ameliorate the causes contributing to the finding of probable cause or to the finding of the existence of immediate and urgent necessity. Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment. The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents. Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, and when the child has siblings in care, the Department of Children and Family Services shall file with the court and serve on the parties a sibling placement and contact plan within 10 days, excluding weekends and holidays, after the appointment. The sibling placement and contact plan shall set forth whether the siblings are placed together, and if they are not placed together, what, if any, efforts are being made to place them together. If the Department has determined that it is not in a child's best interest to be placed with a sibling, the Department shall document in the sibling placement and contact plan the basis for its determination. For siblings placed separately, the sibling placement and contact plan shall set the time and place for visits, the frequency of the visits, the length of visits, who shall be present for the visits, and where appropriate, the child's opportunities to have contact with their siblings in addition to in person contact. If the Department determines it is not in the best interest of a sibling to have contact with a sibling, the Department shall document in the sibling placement and contact plan the basis for its determination. The sibling placement and contact plan shall specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed. For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan. Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest. The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel. Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present. If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings. At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan, or subsequently developed Sibling Contact Support Plan. Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders. Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe there is an immediate need to protect the child's health, safety, and welfare. Such restrictions or terminations must be based on available facts to the Department and its assigns when viewed in light of the surrounding circumstances and shall only occur on an individual case-by-case basis. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation. 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 it is consistent with the health, safety, and best interests of the minor to prescribe shelter care, the court shall state in writing (i) the factual basis supporting its findings concerning the immediate and urgent necessity for the protection of the minor or of the person or property of another and (ii) the factual basis supporting its findings that reasonable efforts were made to prevent or eliminate the removal of the minor from the minor's home or that no efforts reasonably could be made to prevent or eliminate the removal of the minor from the minor's home. 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. If the child is placed in the temporary custody of the Department of Children and Family Services for the minor's protection, the court shall admonish the parents, guardian, custodian, or responsible relative that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions which require the child to be in care, or risk termination of their parental rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian, or responsible relative, that the parent, guardian, custodian, or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living adult relatives, including, but not limited to, grandparents, siblings of the minor's parents, and siblings. The court shall advise the parents, guardian, custodian, or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available. (3) If prior to the shelter care hearing for a minor described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party is unable to serve notice on the party respondent, the shelter care hearing may proceed ex parte. A shelter care order from an ex parte hearing shall be endorsed with the date and hour of issuance and shall be filed with the clerk's office and entered of record. The order shall expire after 10 days from the time it is issued unless before its expiration it is renewed, at a hearing upon appearance of the party respondent, or upon an affidavit of the moving party as to all diligent efforts to notify the party respondent by notice as herein prescribed. The notice prescribed shall be in writing and shall be personally delivered to the minor or the minor's attorney and to the last known address of the other person or persons entitled to notice. The notice shall also state the nature of the allegations, the nature of the order sought by the State, including whether temporary custody is sought, and the consequences of failure to appear and shall contain a notice that the parties will not be entitled to further written notices or publication notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights, except as required by Supreme Court Rule 11; and shall explain the right of the parties and the procedures to vacate or modify a shelter care order as provided in this Section. The notice for a shelter care hearing shall be substantially as follows:NOTICE TO PARENTS AND CHILDRENOF SHELTER CARE HEARING On ................ at ........., before the | ||
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.............................................. and (2) | ||
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YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||
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At the shelter care hearing, parents have the | ||
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1. To ask the court to appoint a lawyer if they | ||
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2. To ask the court to continue the hearing to | ||
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3. To present evidence concerning: a. Whether or not the child or children were | ||
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b. Whether or not there is "immediate and | ||
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c. The best interests of the child. 4. To cross examine the State's witnesses. The Notice for rehearings shall be substantially as follows:NOTICE OF PARENT'S AND CHILDREN'S RIGHTSTO REHEARING ON TEMPORARY CUSTODY If you were not present at and did not have adequate | ||
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1. That you were not present at the shelter care | ||
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2. That you did not get adequate notice | ||
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3. Your signature. 4. Signature must be notarized. The rehearing should be scheduled within 48 hours of | ||
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At the rehearing, your rights are the same as at the | ||
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At the Shelter Care Hearing, children have the | ||
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1. To have a guardian ad litem appointed. 2. To be declared competent as a witness and to | ||
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a. Whether they are abused, neglected or | ||
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b. Whether there is "immediate and urgent | ||
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c. Their best interests. 3. To cross examine witnesses for other parties. 4. To obtain an explanation of any proceedings | ||
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(4) If the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor did not have actual notice of or was not present at the shelter care hearing, the parent, guardian, legal custodian, responsible relative, minor age 8 or over, or counsel of the minor may file an affidavit setting forth these facts, and the clerk shall set the matter for rehearing not later than 48 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. (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 the minor is not brought before a judicial officer within the time period as specified in Section 2-9, the minor must immediately be released from custody. (8) 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. (9) Notwithstanding any other provision of this Section 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, on notice to all parties entitled to notice, may file a motion that it is in the best interests of the minor to modify or vacate a temporary custody order on any of the following grounds: (a) It is no longer a matter of immediate and urgent | ||
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(b) There is a material change in the circumstances | ||
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(c) A person not a party to the alleged abuse, | ||
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(d) Services provided by the Department of Children | ||
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In ruling on the motion, the court shall determine whether it is consistent with the health, safety, and best interests of the minor to modify or vacate a temporary custody order. If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-20 or 2-25. 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 the minor's family. (10) When the court finds or has found that there is probable cause to believe a minor is an abused minor as described in subsection (2) of Section 2-3 and that there is an immediate and urgent necessity for the abused minor to be placed in shelter care, immediate and urgent necessity shall be presumed for any other minor residing in the same household as the abused minor provided: (a) Such other minor is the subject of an abuse or | ||
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(b) A party to the petition is seeking shelter care | ||
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Once the presumption of immediate and urgent necessity has been raised, the burden of demonstrating the lack of immediate and urgent necessity shall be on any party that is opposing shelter care for the other minor. (11) 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). (12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests factors listed in subsection (4.05) of Section 1-3 of this Act: (a) the efforts to identify and locate the | ||
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(b) the efforts to engage the respondents and adult | ||
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(c) the length of time the efforts in paragraphs (a) | ||
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(d) the relationship between the respondents and | ||
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(e) medical testimony regarding the extent to which | ||
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(f) any other factor the court deems relevant. If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of paragraph (1) of subsection (b) of Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection. (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-10.1) (from Ch. 37, par. 802-10.1)
Sec. 2-10.1. Whenever a minor is placed in shelter care with the
Department or a licensed child welfare agency in accordance with Section
2-10, the Department or agency, as appropriate, shall prepare and file with
the court within 45 days of placement under Section 2-10 a case plan which
complies with the federal Adoption Assistance and Child Welfare Act of 1980
and is consistent with the health, safety and best interests of
the minor.
For the purposes of this Act, "case plan" and "service plan" shall have the same meaning.
(Source: P.A. 94-604, eff. 1-1-06.)
|
(705 ILCS 405/2-10.2) Sec. 2-10.2. Educational surrogate parent. (a) Upon issuing an order under Section 2-10 of this Act, whenever a special education services or early intervention services surrogate parent is appointed for a minor under the federal Individuals with Disabilities Education Act, the court may appoint one or both parents or the minor's legal guardian who is a respondent as the educational surrogate parent or early intervention program surrogate parent for the minor if: (1) the parent or legal guardian respondent requests | ||
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(2) the court finds that the best interests of the | ||
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(b) The court may appoint a person other than a parent or legal guardian respondent as educational surrogate parent or early intervention program surrogate parent of the minor if: (1) the person is not a party to the abuse, neglect, | ||
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(2) the person is familiar with the needs of the | ||
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(3) a parent or guardian does not request | ||
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(4) the court finds that the best interests of the | ||
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(c) An educational surrogate parent or early intervention program surrogate parent shall meet the requirements of applicable federal laws and rules governing educational surrogate parents or early intervention program surrogate parents. The court may rescind its appointment of an educational surrogate parent or early intervention program surrogate parent at any time if it determines that rescinding the appointment is consistent with the best interests of the minor. If the court does not appoint a parent, guardian respondent, or other person as educational surrogate parent or early intervention program surrogate parent, or if the court rescinds an appointment, the selection of an educational surrogate parent or early intervention program surrogate parent shall be made under applicable federal and State laws and rules.
(Source: P.A. 98-868, eff. 8-8-14.) |
(705 ILCS 405/2-10.3) Sec. 2-10.3. Access to news media. (a) All youth in the custody or guardianship of the Department of Children and Family Services are entitled to the freedom of speech guaranteed by the First Amendment to the Constitution of the United States and Section 4 of Article I of the Illinois Constitution. The Department of Children and Family Services and its agents and assigns shall not interfere with the right of any youth in its custody or guardianship to communicate with the news media if the youth chooses to do so. (b) Provisions related to minors under 18. Any time the news media requests to speak with a specific, identified minor under 18 years of age, the Department of Children and Family Services shall immediately provide notice of the news media's request to the minor's attorney and guardian ad litem. The notice shall include at a minimum the minor's name, the news media name, and the date of the inquiry from the news media. Within one business day of the news media's request, the Department shall determine whether the minor wants to speak with the news media, whether the minor has sufficient maturity to make the minor's own decision to communicate with the news media and whether contact with the news media will more likely than not cause the minor serious physical, emotional, or mental harm. The Department shall provide notice of its determination to the minor's attorney and guardian ad litem within one business day of its determination. (c) Provisions related to minors over 18. The Department shall not take any action to interfere with the right of a minor over 18 to speak with the news media. (d) Court Review. (1) Any party may file a motion seeking to enforce | ||
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(2) If the minor does not have an attorney, the court | ||
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(3) The Department shall facilitate the minor's | ||
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(4) The party filing the motion shall provide prior | ||
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(5) Minors over 18. If the court finds that the | ||
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(6) Minors under 18. The Department shall have the | ||
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(7) The court shall not impose any limitations on the | ||
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(8) All orders resolving motions brought under this | ||
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(e) As used in this Section, "interfere" includes, but is not limited to: withholding information from a minor about a news media outlet's request to speak with the minor, including any contact information necessary to respond to the request; preventing a minor from communicating with the news media; threatening or coercing the minor in any manner; or punishing or taking adverse action because of a minor's contact with the news media. "Interfere" does not include: (1) providing information and advice about | ||
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(2) conducting an inquiry into (i) whether a minor | ||
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(f) As used in this Section, "less restrictive means" are conditions on the minor's ability to communicate with the news media that mitigate the likelihood that physical, emotional, or mental harm will result, and include, but are not limited to: (1) the news media outlet's willingness to take steps | ||
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(2) the presence of the minor's guardian ad litem or | ||
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(3) providing the minor with age-appropriate media | ||
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(Source: P.A. 102-615, eff. 8-27-21; 103-22, eff. 8-8-23.) |
(705 ILCS 405/2-11) (from Ch. 37, par. 802-11) Sec. 2-11. Medical and dental treatment and care. At all times during temporary custody or shelter care, the court may authorize a physician, a hospital or any other appropriate health care provider to provide medical, dental or surgical procedures if such procedures are necessary to safeguard the minor's life or health. With respect to any minor for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian, the Guardianship Administrator or the Guardianship Administrator's designee shall be deemed the minor's legally authorized representative for purposes of consenting to an HIV test and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmitted Infection Control Act. Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's designee, or who discloses the results of such tests to the Department's Guardianship Administrator or the Guardianship Administrator's designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed.(Source: P.A. 103-22, eff. 8-8-23; 103-1049, eff. 8-9-24.) |
(705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
Sec. 2-12.
Preliminary conferences.
(1) The court may authorize the
probation officer to confer in a
preliminary conference with any person seeking to file a petition under
Section 2-13, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition.
The probation officer should schedule a conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that he or she will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 2-9.
(3) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to his or her conviction
thereunder.
(5) The probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial conference.
(6) Non-judicial adjustment plans include but are not limited to the
following:
(a) up to 6 months informal supervision within family;
(b) up to 6 months informal supervision with a | ||
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(c) up to 6 months informal supervision with release | ||
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(d) referral to special educational, counseling or | ||
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(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the | ||
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(7) The factors to be considered by the probation officer in formulating
a non-judicial adjustment plan shall be the same as those limited in subsection
(4) of Section 5-405.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
Sec. 2-13. Petition.
(1) Any adult person, any agency or association by its
representative may file, or the court on its own motion, consistent with the
health, safety and best interests of the minor may direct the
filing through the State's Attorney of a petition in respect of a minor
under this Act. The petition and all subsequent court documents shall be
entitled "In the interest of ...., a minor".
(2) The petition shall be verified but the statements may be made
upon information and belief. It shall allege that the minor is
abused, neglected, or dependent, with citations to the appropriate
provisions of this Act,
and set forth (a) facts sufficient to bring the minor
under Section 2-3 or 2-4 and to inform respondents of the cause of action,
including, but not limited to, a plain and concise statement of the factual
allegations that form the basis for the filing of the petition; (b) the name,
age and residence of the minor; (c) the names and residences of the minor's parents;
(d) the name and residence of the minor's
legal guardian or the person or persons having custody or control of the
minor, or of the nearest known relative if no parent or guardian can be
found; and (e) if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which such temporary custody
was ordered by the
court or the date set for a temporary custody hearing. If any of the facts
herein required are not known by the petitioner, the petition shall so
state.
(3) The petition must allege that it is in the best interests of the
minor and of the public that the minor be adjudged a ward of the court and may
pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection.
(4) If termination of parental rights and appointment of a guardian of the
person with power to consent to adoption of the minor under Section 2-29 is
sought, the petition shall so state. If the petition includes this request,
the prayer for relief shall clearly and obviously state that the parents could
permanently lose their rights as a parent at this hearing.
In addition to the foregoing, the petitioner, by motion, may request the
termination of parental rights and appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29 at any time after
the entry of a dispositional order under Section 2-22.
(4.5) (a) Unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, with respect to any minors committed to its care pursuant to
this Act, the Department of Children and Family Services shall request the
State's Attorney to file a petition or motion for termination of parental
rights and appointment of guardian of the person with power to consent to
adoption of the minor under Section 2-29 if:
(i) a minor has been in foster care, as described in | ||
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(ii) a minor under the age of 2 years has been | ||
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(iii) the parent is criminally convicted of: (A) first degree murder or second degree murder | ||
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(B) attempt or conspiracy to commit first degree | ||
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(C) solicitation to commit murder of any child, | ||
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(D) aggravated battery, aggravated battery of a | ||
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(E) predatory criminal sexual assault of a child; (E-5) aggravated criminal sexual assault; (E-10) criminal sexual abuse in violation of | ||
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(E-15) sexual exploitation of a child; (E-20) permitting sexual abuse of a child; (E-25) criminal sexual assault; or (F) an offense in any other state the elements of | ||
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(a-1) For purposes of this subsection (4.5), good cause exists in the following circumstances: (i) the child
is being cared for by a relative,
(ii) the Department has documented in the case plan a | ||
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(iii) the court has found within the preceding 12 | ||
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(iv) the parent is incarcerated, or the parent's | ||
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(A) the child's best interest; (B) the parent's expressions or acts of | ||
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(C) the parent's efforts to communicate with and | ||
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(D) limitations in the parent's access to family | ||
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(b) For purposes of this subsection, the date of entering foster care is
defined as the earlier of:
(1) The date of a judicial finding at an adjudicatory | ||
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(2) 60 days after the date on which the child is | ||
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(c) (Blank).
(d) (Blank).
(5) The court shall liberally allow the petitioner to amend the petition to
set forth a cause of action or to add, amend, or supplement factual allegations
that form the basis for a cause of action up until 14 days before the
adjudicatory hearing. The petitioner may amend the petition after that date
and prior to the adjudicatory hearing if the court grants leave to amend upon a
showing of good cause.
The court may allow amendment of the
petition to conform with the evidence at any time prior to ruling. In all
cases in which the court has granted leave to amend based on new evidence or
new allegations, the court shall permit
the respondent an adequate opportunity to prepare a defense to the amended
petition.
(6) At any time before dismissal of the petition or before final closing
and discharge under Section 2-31, one or more motions in the best interests of
the minor may be filed. The motion shall specify sufficient facts in support
of the relief requested.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-13.1)
Sec. 2-13.1. Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent to, the filing of a
petition on behalf of a minor in accordance with Section 2-13 of this Act, the
State's Attorney, the guardian ad litem, or the Department of Children and
Family Services may file a motion
requesting a finding that reasonable efforts to reunify that minor with the minor's parent or parents are no longer required and are to cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that the parent has:
(i) had parental rights to another child of the | ||
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(ii) been convicted of:
(A) first degree or second degree murder of | ||
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(B) attempt or conspiracy to commit first degree | ||
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(C) solicitation to commit murder of another | ||
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(D) aggravated battery, aggravated battery of a | ||
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(E) an offense in any other state the elements of | ||
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unless the
court sets forth in writing a compelling reason why terminating reasonable
efforts to reunify the minor with the parent would not be in the best interests
of that
minor.
(c) The court shall also grant this motion with respect to a parent of the
minor if:
(i) after a hearing it determines that further | ||
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(ii) a dispositional hearing has already taken place.
(2) (a) The court shall hold a permanency hearing within 30 days of
granting a motion pursuant to this subsection. If an adjudicatory or a
dispositional hearing, or both, has not taken place when the court grants a
motion
pursuant to this Section, then either or both hearings shall be held as needed
so that both take place on or before the date a permanency hearing is held
pursuant to this subsection.
(b) Following a permanency hearing held pursuant to paragraph (a) of this
subsection, the appointed custodian or guardian of the minor shall make
reasonable efforts to place the child in accordance with the permanency plan
and goal set by the court, and to complete the necessary steps to locate and
finalize a permanent placement.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14.
Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that serious delay in
the adjudication of abuse, neglect, or dependency cases can cause grave harm to
the minor and the family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent homes for
children in need. The purpose of this Section is to insure that,
consistent with the federal Adoption Assistance and Child Welfare Act of
1980, Public Law 96-272, as amended, and the intent of this Act, the State
of Illinois will act in a just and speedy manner to determine
the best interests of the minor, including providing for the safety of the
minor, identifying families in need, reunifying families where the minor can be
cared for at home without endangering the minor's health or safety and it is in
the best interests of the minor, and, if reunification is not consistent with
the health, safety and best interests of the minor, finding another permanent
home for the minor.
(b) When a petition is filed alleging that the minor is abused,
neglected or dependent, an adjudicatory hearing shall be commenced within 90
days of the date of service of process upon the minor, parents, any
guardian and any legal custodian, unless an earlier date is required pursuant
to Section 2-13.1. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to ensure a fair
hearing.
(c) Upon written motion of a party filed no later than 10 days prior to
hearing, or upon the court's own motion and only for good cause shown, the
Court may continue the hearing for a period not to exceed 30 days, and
only if the continuance is consistent with the health, safety
and best interests of the minor.
When the court grants a continuance, it shall enter specific factual findings
to support its order, including factual findings supporting the court's
determination that the continuance is in the best interests of the minor.
Only one
such continuance shall be granted. A period of continuance for good cause
as described in this Section shall temporarily suspend as to all parties,
for the time of the delay, the period within which a hearing must be held.
On the day of the expiration of the delay, the period shall continue at the
point at which it was suspended.
The term "good cause" as applied in this Section shall be strictly
construed and be in accordance with Supreme Court Rule 231 (a) through (f).
Neither stipulation by counsel nor the convenience of any party
constitutes good cause. If the adjudicatory
hearing is not heard within the time limits required by subsection (b) or (c)
of this Section, upon motion by any party the petition shall be dismissed
without prejudice.
(d) The time limits of this Section may be waived only by consent of all
parties and approval by the court.
(e) For all cases filed before July 1, 1991, an adjudicatory hearing
must be held within 180 days of July 1, 1991.
(Source: P.A. 92-822, eff. 8-21-02.)
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(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(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
the minor in any proceeding under this Act.
(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.
(3) The summons shall be issued under the seal of the court, attested in
and signed with the name of the clerk of the 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,
including the filing of an amended petition or a motion to terminate parental
rights, except as required by Supreme Court Rule 11.
(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.
(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 the summoned person's 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 the person's 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
therein for appearance. If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by 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 the officer or person has sent
the copy pursuant to this Section is sufficient proof of service.
(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.
(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
constitute an appearance under this subsection. A copy of the summons and
petition shall be provided to the person at the time of the person's appearance.
(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 on the
petition for wardship and has not been set aside shall be provided in
accordance with this Section and Section 2-16.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-16) (from Ch. 37, par. 802-16)
Sec. 2-16. Notice by certified mail or publication.
(1) If service on individuals as provided in Section 2-15 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) Where a respondent's
usual place of abode is not known, a diligent inquiry shall be made to
ascertain the respondent's current and last known address. The Department of
Children and Family Services shall adopt rules defining the requirements for
conducting a diligent search to locate parents of minors in the custody of the
Department. If, after diligent inquiry made at any time within the preceding
12 months, the usual place of abode cannot be reasonably ascertained, or if the
respondent is concealing the respondent's whereabouts to avoid service of process,
petitioner's attorney shall file an affidavit at the office of the clerk of
court in which the action is pending showing that the respondent on due inquiry
cannot be found or is concealing the respondent's whereabouts so that process
cannot be served. The affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were made to
effectuate service. Within 3 days of receipt of the affidavit, the clerk shall
issue publication service as provided below. The clerk shall also send a copy
thereof by mail addressed to each respondent listed in the affidavit at the respondent's last known address. 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 2-10
of this Act and summons has not been served personally or by certified mail
within 20 days from the date of the order of 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, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A
GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS
TO YOUR CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR PARENTAL
RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD.
Unless you appear you will not be entitled to further written notices or
publication notices of the proceedings in this case, including the filing
of an amended petition or a motion to terminate parental rights.
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 each of the respondents' last known address. 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 parent, guardian or legal custodian in the case of a minor
described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 2-14 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.
(5) 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 on
the petition for wardship and has not been set aside shall be provided in
accordance with this Section and Section 2-15.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is
a person described in Sections 2-3 or 2-4 of this Article, the court shall
appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is an abused | ||
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(b) such petition alleges that charges alleging the | ||
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Unless the guardian ad litem appointed pursuant to this paragraph
(1) is an attorney at law, the guardian ad litem shall be represented in the performance
of the guardian ad litem's duties by counsel. The guardian ad litem shall represent the best
interests of the minor and shall present recommendations to the court
consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if:
(a) no parent, guardian, custodian or relative of the | ||
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(b) the petition prays for the appointment of a | ||
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(c) the petition for which the minor is before the | ||
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(3) The court may appoint a guardian ad litem for the minor whenever
it finds that there may be a conflict of interest between the minor and the minor's
parents or other custodian or that it is otherwise in the minor's
best interest to do so.
(4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be
represented by counsel. (4.5) Pursuant to Section 6b-1 of the Children and Family Services Act, the Department of Children and Family Services must maintain the name, electronic mail address, and telephone number for each minor's court-appointed guardian ad litem and, if applicable, the guardian ad litem's supervisor. The Department of Children and Family Services must update this contact information within 5 days of receiving notice of a change. The Advocacy Office for Children and Families, established pursuant to Section 5e of the Children and Family Services Act, must make this contact information available to the minor, current foster parent or caregiver, or caseworker, if requested.
(5) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the
minor, to the extent they are able to pay. If the parents are unable to
pay those fees, they shall be paid from the general fund of the county.
(6) A guardian ad litem appointed under this Section, shall receive
copies of any and all classified reports of child abuse and neglect made
under the Abused and Neglected Child Reporting Act in which the minor who
is the subject of a report under the Abused and Neglected Child Reporting
Act, is also the minor for whom the guardian ad litem is appointed under
this Section.
(6.5) A guardian ad litem appointed under this Section or attorney appointed under this Act shall receive a copy of each significant event report that involves the minor no later than 3 days after the Department learns of an event requiring a significant event report to be written, or earlier as required by Department rule. (7) The appointed
guardian ad
litem shall remain the minor's guardian ad litem throughout the entire juvenile
trial court
proceedings, including permanency hearings and termination of parental rights
proceedings, unless there is a substitution entered by order of the court.
(8) The guardian
ad
litem or an agent of the guardian ad litem shall have a minimum of one
in-person contact with the minor and one contact with one
of the
current foster parents or caregivers prior to the
adjudicatory hearing, and at
least one additional in-person contact with the child and one contact with
one of the
current foster
parents or caregivers after the adjudicatory hearing but
prior to the first permanency hearing
and one additional in-person contact with the child and one contact with one
of the current
foster parents or caregivers each subsequent year. For good cause shown, the
judge may excuse face-to-face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but less than
3,000,000, each guardian ad litem must successfully complete a training program
approved by the Department of Children and Family Services. The Department of
Children and Family Services shall provide training materials and documents to
guardians ad litem who are not mandated to attend the training program. The
Department of Children and Family Services shall develop
and
distribute to all guardians ad litem a bibliography containing information
including but not limited to the juvenile court process, termination of
parental rights, child development, medical aspects of child abuse, and the
child's need for safety and permanence.
(Source: P.A. 102-208, eff. 7-30-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court shall appoint a special advocate
upon the filing of a petition under this Article or
at any time during the pendency of a proceeding under this Article if special advocates are available.
The
court appointed special advocate may also serve as guardian ad litem by
appointment of the court under Section 2-17 of this Act.
(1.2) In counties of populations over 3,000,000 the court may appoint a special advocate upon the filing of a petition under this Article or at any time during the pendency of a proceeding under this Article. No special advocate shall act as guardian ad litem in counties of populations over 3,000,000. (1.5) "Court appointed special advocate" means a community volunteer who: (a) is 21 or older; (b) shall receive training with State and nationally | ||
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(c) is being actively supervised by a court appointed | ||
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(d) has been sworn in by a circuit court judge | ||
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Court appointed special advocate programs shall promote policies, practices, and procedures that are culturally competent. As used in this Section, "cultural competency" means the capacity to function in more than one culture, requiring the ability to appreciate, understand, and interact with members of diverse populations within the local community. (2) The court appointed special advocate shall: (a) conduct an independent assessment to monitor the | ||
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(b) maintain regular and sufficient in-person contact | ||
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(c) submit written reports to the court regarding the | ||
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(d) advocate for timely court hearings to obtain | ||
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(e) be notified of all administrative case reviews | ||
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(f) attend all court hearings and other proceedings | ||
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(g) monitor compliance with the case plan and all | ||
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(h) review all court documents that relate to the | ||
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(2.1)
The court may consider, at its discretion, testimony of the court
appointed special advocate pertaining to the well-being of the minor. (2.2) Upon presentation of an order of appointment, a court appointed special advocate shall have access to all records and information relevant to the minor's case with regard to the minor child. (2.2-1) All records and information acquired, reviewed, or produced by a court appointed special advocate during the course of the court appointed special advocate's appointment shall be deemed confidential and shall not be disclosed except as ordered by the court.
(3) Court appointed special advocates shall serve as volunteers without
compensation and shall receive training consistent with nationally developed standards.
(4) No person convicted of a criminal offense as specified
in Section 4.2 of the Child Care Act of 1969 and no person identified as a
perpetrator of an act of child abuse or neglect as reflected in the
Department of Children and Family Services State Central Register shall serve
as a court appointed special advocate.
(5) All costs associated with the appointment and duties of the court
appointed special advocate shall be paid by the court appointed special
advocate or an organization of court appointed special advocates.
In no event shall the court appointed special advocate be liable for any
costs of services provided to the child.
(6) The court may remove the court appointed special advocate or the
guardian ad litem from a case upon finding that the court appointed special
advocate or the guardian ad litem has acted in a manner contrary to the
child's best interest or if the court otherwise deems continued service is
unwanted or unnecessary.
(7) In any county in which a program of court appointed special
advocates is in operation, the provisions
of this Section shall apply.
(8) Any court appointed
special advocate acting in good faith within the scope of the court appointed special advocate's
appointment shall have immunity from any civil or criminal liability that
otherwise might result by reason of the court appointed special advocate's actions, except in cases of
willful and wanton misconduct. For the purpose of any
civil or criminal proceedings, the good faith of any court appointed special
advocate shall be presumed.
(Source: P.A. 102-607, eff. 1-1-22; 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-18) (from Ch. 37, par. 802-18) Sec. 2-18. Evidence. (1) At the adjudicatory hearing, the court shall first consider only the
question whether the minor is abused, neglected or dependent. The standard of
proof and the rules of evidence in the nature of civil proceedings in this
State are applicable to proceedings under this Article. If the petition also
seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29, the court may
also consider legally admissible evidence at the adjudicatory hearing that one
or more grounds of unfitness exists under subdivision D of Section 1 of the
Adoption Act. (2) In any hearing under this Act, the following shall constitute prima
facie evidence of abuse or neglect, as the case may be: (a) proof that a minor has a medical diagnosis of | ||
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(b) proof that a minor has a medical diagnosis of | ||
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(c) proof that a minor has a medical diagnosis of | ||
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(d) proof that a minor has a medical diagnosis at | ||
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(e) proof of injuries sustained by a minor or of the | ||
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(f) proof that a parent, custodian or guardian of a | ||
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(g) proof that a parent, custodian, or guardian of a | ||
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(h) proof that a newborn infant's blood, urine, or | ||
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(i) proof that a minor was present in a structure or | ||
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(j) proof that a parent, custodian, or guardian of a | ||
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(k) proof that a parent, custodian, or guardian of a | ||
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(3) In any hearing under this Act, proof of the abuse, neglect or dependency
of one minor shall be admissible evidence on the issue of the abuse, neglect or
dependency of any other minor for whom the respondent is responsible. (4) (a) Any writing, record, photograph or x-ray of any hospital or public
or private agency, whether in the form of an entry in a book or otherwise,
made as a memorandum or record of any condition, act, transaction, occurrence
or event relating to a minor in an abuse, neglect or
dependency proceeding, shall be
admissible in evidence as proof of that condition, act, transaction, occurrence
or event, if the court finds that the document was made in the regular course
of the business of the hospital or agency at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A certification
by the head or responsible employee or agent of the hospital or agency having knowledge of the creation and maintenance of or of the matters stated in the writing,
record, photograph or x-ray attesting that the document is the full and complete record of the condition,
act, transaction, occurrence or event and that it satisfies the conditions
of this paragraph shall be prima facie evidence of the facts contained in
such certification. All other circumstances of the making of the memorandum,
record, photograph or x-ray, including lack of personal knowledge of the
maker, may be proved to affect the weight to be accorded such evidence,
but shall not affect its admissibility. (b) Any indicated report filed pursuant to the Abused and Neglected Child
Reporting Act shall be admissible in evidence. (c) Previous statements made by the minor relating to any allegations
of abuse or neglect shall be admissible in evidence. However, no such
statement, if uncorroborated and not subject to cross-examination, shall be
sufficient in itself to support a finding of abuse or neglect. (d) There shall be a rebuttable presumption that a minor is competent
to testify in abuse or neglect proceedings. The court shall determine how
much weight to give to the minor's testimony, and may allow the minor to
testify in chambers with only the court, the court reporter and attorneys
for the parties present. (e) The privileged character of communication between any professional
person and patient or client, except privilege between attorney and client,
shall not apply to proceedings subject to this Article. (f) Proof of the impairment of emotional health or impairment of mental
or emotional condition as a result of the failure of the respondent to exercise
a minimum degree of care toward a minor may include competent opinion or
expert testimony, and may include proof that such impairment lessened during
a period when the minor was in the care, custody or supervision of a person
or agency other than the respondent. (5) In any hearing under this Act alleging neglect for failure to
provide education as required by law under subsection (1) of Section 2-3,
proof that a minor under 13 years of age who is subject to compulsory
school attendance under the School Code is a chronic truant as defined
under the School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that a minor who
is 13 years of age or older who is subject to compulsory school attendance
under the School Code is a chronic truant shall raise a rebuttable
presumption of neglect by the parent or guardian. This subsection (5)
shall not apply in counties with 2,000,000 or more inhabitants. (6) In any hearing under this Act, the court may take judicial notice of
prior sworn testimony or evidence admitted in prior proceedings involving
the same minor if (a) the parties were either represented by counsel at such
prior proceedings or the right to counsel was knowingly waived and (b) the
taking of judicial notice would not result in admitting hearsay evidence at a
hearing where it would otherwise be prohibited.(Source: P.A. 103-124, eff. 1-1-24.) |
(705 ILCS 405/2-19) (from Ch. 37, par. 802-19)
Sec. 2-19.
Preliminary orders after filing a petition.
In all cases
involving physical abuse the court shall order, and in all cases involving
neglect or sexual abuse the court may order, an examination of the child under
Section 2-11 of this Act or by a physician appointed or designated for this
purpose by the court. As part of the examination, the physician shall arrange
to have color photographs taken, as soon as practical, of areas of trauma
visible on the child and may, if indicated, arrange to have a radiological
examination performed on the child. The physician, on the completion of the
examination, shall forward the results of the examination together with the
color photographs to the State's Attorney of the county of the court ordering
such examination. The court may dispense with the examination in those cases
which were commenced on the basis of a physical examination by a physician.
Unless color photographs have already been taken or unless there are no areas
of visible trauma, the court shall arrange to have color photographs taken if
no such examination is conducted.
(Source: P.A. 87-1148.)
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(705 ILCS 405/2-20) (from Ch. 37, par. 802-20) Sec. 2-20. Continuance under supervision. (1) The court may enter an order of continuance under supervision: (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of proceeding a finding of whether or not the minor is abused, neglected or dependent; and (b) in the absence of objection made in open court by the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or the State's Attorney. (2) If the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or the State's Attorney, objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be abused, neglected or dependent is continued pursuant to this Section, the court may permit the minor to remain in the minor's home if the court determines and makes written factual findings that the minor can be cared for at home when consistent with the minor's health, safety, and best interests, subject to such conditions concerning the minor's conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in which the parties
received service of process and shall note whether the return or returns of
service, postal return receipt or receipts for notice by certified mail,
or certificate or certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default against any
parent who has been properly served in any manner and fails to appear.
No further service of process as defined in Sections 2-15 and 2-16 is
required in any subsequent proceeding for a parent who was properly served in
any manner, except as required by Supreme Court Rule 11.
The caseworker shall testify about the diligent search conducted for the
parent.
After hearing the evidence the court shall determine whether or not the
minor is abused, neglected, or dependent. If it finds that the minor is not
such a person, the court shall order the petition dismissed and the minor
discharged. The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the factual basis
supporting that determination.
If the court finds that the minor is abused, neglected, or dependent, the
court shall then determine and put in writing the factual basis supporting
that determination, and specify, to the extent possible, the acts
or omissions or both of each parent, guardian, or legal custodian that form the
basis
of the court's findings. That finding shall appear in the order of the court.
If the court finds that the child has been abused, neglected or dependent,
the court shall admonish the parents that they must cooperate with the
Department of Children and Family Services, comply with the terms of the
service plan, and correct the conditions that require the child to be in care,
or risk termination of parental rights.
If the court determines that a person has inflicted physical or sexual
abuse upon a minor, the court shall report that determination to the Illinois State Police, which shall include that information in its report to the
President of the school board for a school district that requests a criminal history records check of that person, or the regional superintendent of schools who requests a check of that person, as required under Section 10-21.9 or
34-18.5 of the School Code.
(2) If, pursuant to subsection (1) of this Section, the court determines
and
puts in writing the factual basis supporting
the determination that the minor is either abused or neglected or dependent,
the court shall then set a time not later than 30 days after the entry of the
finding for a dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22 at which
hearing the court shall determine whether it is consistent with the
health, safety and best interests of the
minor and the public that he be made a ward of the court. To assist the court
in making this and other determinations at the dispositional hearing, the court
may order that an investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and condition,
family situation and background, economic status, education, occupation,
history of delinquency or criminality, personal habits, and any other
information that may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only by consent of
all parties and approval by the court, as determined to be consistent with the
health, safety and best interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for which no
dispositional hearing has been held prior to that date, a dispositional
hearing under Section 2-22 shall be held within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the following conditions are met:
(i) the original or amended petition contains a | ||
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(ii) the court has found by a preponderance of | ||
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(iii) the court finds, on the basis of clear and | ||
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(iv) the court determines in accordance with the | ||
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(A) it is in the best interest of the minor and | ||
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(A-5) reasonable efforts under subsection (l-1) | ||
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(B) termination of parental rights and | ||
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(Source: P.A. 102-538, eff. 8-20-21.)
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(705 ILCS 405/2-21.1)
Sec. 2-21.1.
(Repealed).
(Source: Repealed by P.A. 89-17, eff. 5-31-95.)
|
(705 ILCS 405/2-22) (from Ch. 37, par. 802-22)
Sec. 2-22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall determine whether it is in
the best interests of the minor and the public that the minor be made a ward of the
court, and, if the minor is to be made a ward of the court, the court shall determine
the proper disposition best serving the health, safety and interests of the
minor and the public.
The court also shall consider the permanency goal set for the minor, the
nature of the service plan for the minor and the services delivered and to be
delivered under the plan. All evidence helpful in determining these questions,
including oral and written reports, may be admitted and may be relied upon to
the extent of its probative value, even though not competent for the purposes
of the adjudicatory hearing.
(2) Once all parties respondent have been served in compliance with
Sections 2-15 and 2-16, no further service or notice must be given to a party
prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
2-20, whether successfully completed with regard to the child's health,
safety and best interest, or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the hearing
for a reasonable period to receive reports or other evidence, if the
adjournment is consistent with the health, safety and best interests of the
minor, but in no event shall continuances be granted so that the dispositional
hearing occurs more than 6 months after the initial removal of a minor from the minor's home. In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from the minor's home
before an order of disposition has been made.
(5) Unless already set by the court, at the conclusion of the dispositional
hearing, the court shall set the date for the first permanency hearing, to be
conducted under subsection (2) of Section 2-28, which shall be held: (a) within 12 months from the date temporary
custody was taken, (b) if the parental rights of both parents have been
terminated in accordance with the procedure described in subsection (5) of
Section 2-21, within 30 days of the termination of parental rights and
appointment of a guardian with power to consent to adoption, or (c) in
accordance
with subsection (2) of Section 2-13.1.
(6) When the court declares a child to be a ward of the court and awards
guardianship to the Department of Children and Family Services, (a) the
court shall
admonish the parents, guardian, custodian or responsible relative that the
parents must cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the conditions which
require the child to be in care, or risk termination of their parental
rights; and (b) the court shall inquire of the parties of any
intent to proceed with
termination of parental rights of a parent:
(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or
(C) who was found in default at the adjudicatory | ||
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-23) (from Ch. 37, par. 802-23)
Sec. 2-23. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be made in respect of
wards of the court:
(a) A minor found to be neglected or abused under | ||
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If the minor is being restored to the custody of a | ||
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However, in any case in which a minor is found by the | ||
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(b) A minor found to be dependent under Section 2-4 | ||
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However, in any case in which a minor is found by the | ||
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(b-1) A minor between the ages of 18 and 21 may be | ||
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(c) When the court awards guardianship to the | ||
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(2) Any order of disposition may provide for protective supervision
under Section 2-24 and may include an order of protection under Section 2-25.
Unless the order of disposition expressly so provides, it does
not operate to close proceedings on the pending petition, but is subject
to modification, not inconsistent with Section 2-28, until final closing and discharge of the proceedings under
Section 2-31.
(3) The court also shall enter any other orders necessary to fulfill the
service plan, including, but not limited to, (i) orders requiring parties to
cooperate with services, (ii) restraining orders controlling the conduct of any
party likely to frustrate the achievement of the goal, and (iii) visiting
orders. When the child is placed separately from a sibling, the
court shall review the Sibling Contact Support Plan developed under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop a Sibling
Contact Support Plan, or if the court finds that the existing Plan is not in the child's best
interest, the court may enter an order requiring the Department to develop and implement
a Sibling Contact Support Plan under subsection (f) of Section 7.4 of the Children and Family Services Act or order mediation. Unless otherwise specifically authorized by law, the court is not
empowered under this subsection (3) to order specific placements, specific
services, or specific service
providers to be included in the plan. If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days after the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (3.5) of this Section or authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan.
(3.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (3.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule. (4) In addition to any other order of disposition, the court may order
any minor adjudicated neglected with respect to the minor's own injurious
behavior to make restitution, in monetary or non-monetary form, under the
terms and conditions of Section 5-5-6 of the Unified Code of Corrections,
except that the "presentence hearing" referred to therein shall be the
dispositional hearing for purposes of this Section. The parent, guardian
or legal custodian of the minor may pay some or all of such restitution on
the minor's behalf.
(5) Any order for disposition where the minor is committed or placed in
accordance with Section 2-27 shall provide for the parents or guardian of
the estate of such minor to pay to the legal custodian or guardian of the
person of the minor such sums as are determined by the custodian or guardian
of the person of the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1 of the
Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the minor
is a chronic or habitual truant under Section 26-2a of the School Code.
(7) The court may terminate the parental rights of a parent at the initial
dispositional hearing if all of the conditions in subsection (5) of Section
2-21 are met.
(Source: P.A. 102-489, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-24) (from Ch. 37, par. 802-24)
Sec. 2-24. Protective supervision.
(1) If the order of disposition, following a determination of the best
interests
of the minor, releases the minor to the custody of the minor's
parents, guardian or legal custodian, or continues the minor in such custody, the
court may, if the health, safety and best interests of the
minor require, place the person
having custody of the minor, except for
representatives of private or public agencies or governmental departments,
under supervision of the probation office.
(2) An order of protective supervision may require the parent to present
the child
for periodic medical examinations, which shall include an opportunity for
medical
personnel to speak with and examine the child outside the presence of the
parent. The results
of the medical examinations conducted in accordance with this Section shall be
made
available to the Department, the guardian ad litem, and the court.
(3) Rules or orders of court shall
define the terms and conditions of protective supervision, which may be
modified or terminated when the court finds that the health, safety and
best interests of the
minor and the public will be served thereby.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of
protection in assistance of or as a condition of any other order authorized
by this Act. The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order may require a
person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated | ||
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(c) to abstain from offensive conduct against the | ||
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(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to | ||
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(f) to prohibit and prevent any contact whatsoever | ||
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(g) to refrain from acts of commission or omission | ||
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(h) to refrain from contacting the minor and the | ||
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the health, safety, and best interests of the minor and the
public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act if such an order is
consistent with the
health, safety, and best interests of the minor. Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the hearing or
that diligent efforts have been made to notify such person, the court may
conduct a hearing. If a protective order is sought at any time other than
in conjunction with a temporary custody hearing, the court may
not conduct a hearing on the petition in the absence of the person against
whom the order is sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent written
notice by first class mail to such person's last known address at least 5
days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order. Unless the
court orders otherwise, such person does not have a right to inspect the court
file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued, the sheriff, other law enforcement
official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order. Any
modification of the order granted by the court must be determined to be
consistent with the best interests of the minor.
(9) If a petition is filed charging a violation of a condition contained in the
protective order and if the court determines that this violation is of a critical service necessary to the safety and welfare of the minor, the court may proceed to findings and an order for temporary custody.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) |
(705 ILCS 405/2-26) (from Ch. 37, par. 802-26)
Sec. 2-26. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation thereof and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other
person affected by the order a certificate stating that an order of
protection has been made by the court concerning such persons and setting
forth its terms and requirements. The presentation of the certificate to
any peace officer authorizes the peace officer to take into custody a person charged with
violating the terms of the order of protection, to bring such person before
the court and, within the limits of the peace officer's legal authority as such peace
officer, otherwise to aid in securing the protection the order is intended
to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the factual basis supporting
the determination of whether 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 the
health, safety, and best
interest of the minor will be jeopardized if the minor remains in the custody
of the minor's parents, guardian or
custodian, the court may at this hearing and at any later point:
(a) place the minor in the custody of a suitable | ||
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(a-5) with the approval of the Department of Children | ||
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(b) place the minor under the guardianship of a | ||
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(c) commit the minor to an agency for care or | ||
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(d) on and after the effective date of this | ||
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(1.5) In making a determination under this Section, the court shall also
consider
whether, based on health, safety, and the best interests of the minor,
(a) appropriate services aimed at family preservation | ||
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(b) no family preservation or family reunification | ||
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and if the petition or amended petition
contained an allegation that the
parent is an unfit
person as defined in subdivision (D) of Section 1 of the Adoption Act, and the
order of
adjudication
recites that parental unfitness was established by clear and convincing
evidence, the court
shall, when appropriate and in the best interest of the minor, enter an
order terminating parental rights and
appointing a guardian with
power to
consent to adoption in accordance with Section 2-29.
When making a placement, the court, wherever possible, shall
require the Department of Children and Family Services to 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 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.
(2) When a minor is placed with a suitable relative or other
person pursuant to item (a) of subsection (1),
the court shall appoint the suitable relative or other person 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 subsection (9) of Section 1-3 except as otherwise provided by order
of court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon the guardian in accordance with
Section 2-29. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor 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. No agency may
place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility
unless the 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 the Children and Family Services
Act. 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.
(3) 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. Placement with a parent,
however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of court, as proof
of the legal custodian's or guardian's authority. No other process is necessary as authority for the
keeping of the minor.
(5) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age
of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33.
(6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/2-27.1)
Sec. 2-27.1. Placement; secure child care facility.
(1) A minor under 18 years of age and who is subject under Article II of
this Act to a secure child care facility may be admitted to a secure child care
facility for inpatient treatment upon application to the facility director if,
prior to admission, the facility director and the Director of the Department of
Children and Family Services or the Director's designate find that: the minor
has a mental illness or emotional disturbance, including but not limited to a
behavior disorder, of such severity that placement in a secure child care
facility is necessary because in the absence of such a placement, the minor is
likely to endanger self or others or not meet the minor's basic needs and this
placement is the least restrictive alternative. Prior
to admission, a psychiatrist, clinical social worker, or clinical psychologist
who has personally examined the minor shall state in writing that the minor
meets the standards for admission.
The statement must set
forth in detail the reasons for that conclusion and shall indicate what
alternatives to secure treatment have been explored.
When the minor is placed in a child care facility which includes a secure child
care facility in addition to a less restrictive setting, and the application
for admission states that the minor will be permanently placed in the less
restrictive setting of the child care facility as part of the minor's permanency
plan after the need for secure treatment has ended, the psychiatrist, clinical
social worker, or clinical psychologist shall state the reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment.
(2) The application for admission under this Section shall contain, in large
bold-face type, a statement written in simple non-technical terms of the
minor's right to object and the right to a hearing. A minor 12 years of age or
older
must be given a copy of the application and the statement should be explained
to the minor in an understandable manner. A copy of the application shall
also
be given to the person who executed it, the designate of the Director of the
Department of Children and Family Services, the minor's parent, the minor's
attorney, and, if the minor is 12 years of age or older, 2 other persons whom
the minor may designate, excluding persons whose whereabouts cannot reasonably
be ascertained.
(3) Thirty days after admission, the facility director shall review the
minor's record and assess the need for continuing placement in a secure child
care
facility. When the minor has been placed in a child care facility which
includes a secure child care facility in addition to a less restrictive
setting, and the application for admission states that the minor will be
permanently placed in the less restrictive setting of the child care facility
as part of the minor's permanency plan after the need for secure treatment has
ended, the facility director shall review the stated reasons for the minor's
need to be placed in secure treatment, the conditions under which the minor may
be placed in the less restrictive setting of the facility, and the conditions
under which the minor may need to be returned to secure treatment. The
director of the facility shall consult with the designate
of the
Director of the Department of Children
and Family Services and request authorization for continuing placement of the
minor. Request and authorization should be noted in the minor's record. Every
60 days thereafter a review shall be conducted and new authorization shall be
secured from the designate for as long as placement continues. Failure or
refusal to authorize continued placement shall constitute a request for the
minor's discharge.
(4) At any time during a minor's placement in a secure child care facility,
an
objection may be made to that placement by the minor, the minor's parents
(except where parental rights have been terminated), the minor's guardian ad
litem, or the minor's attorney. When an objection is made, the minor shall be
discharged at the earliest appropriate time not to exceed 15 days, including
Saturdays, Sundays, and holidays unless the objection is withdrawn in writing
or unless, within that time, the Director or the Director's designate files with
the Court a petition for review of the admission. The petition must
be accompanied by a certificate signed by a psychiatrist, clinical social
worker, or clinical psychologist. The certificate shall be based upon a
personal examination and shall specify that the minor has a mental illness or
an emotional disturbance of such severity that placement in a secure facility
is necessary, that the minor can benefit
from the placement, that a less restrictive alternative is not appropriate, and
that the placement is in the minor's best interest.
(5) Upon receipt of a petition, the court shall set a hearing to be held
within 5 days, excluding Saturdays, Sundays, and holidays. The court shall
direct that notice of the time and place of the hearing shall be served upon
the minor, the minor's attorney and the minor's guardian ad litem, the Director
of the Department of Children and Family Services or the Director's designate, the
State's Attorney, and the attorney for the parents.
(6) The court shall order the minor
discharged from the secure child care facility if it determines that the minor
does not have a mental illness or
emotional disturbance of such severity that placement in a secure facility is
necessary, or if it determines that a less restrictive alternative is
appropriate.
(7) If however, the court finds that the minor does have a mental illness
or an emotional disturbance for which the minor is likely to benefit from
treatment but that a less restrictive alternative is appropriate, the court
shall
order that the Department of Children and Family Services prepare a case plan
for the minor which permits alternative treatment which is capable of providing
adequate and humane treatment in the least restrictive setting that is
appropriate to the minor's condition and serves the minor's best interests, and
shall
authorize the continued placement of the minor in the secure child care
facility. At each permanency hearing conducted thereafter, the court shall
determine whether the minor does not have a mental illness or emotional
disturbance of such severity that placement in a secure facility is necessary
or, if a less restrictive alternative is appropriate. If either of these 2
conditions are not met, the court shall order the minor discharged from the
secure child care facility.
(8) Unwillingness or inability of the Department of Children and Family
Services to find a placement for the minor shall not be grounds for the court's
refusing to order discharge of the minor.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/2-27.2) Sec. 2-27.2. Placement; out-of-state residential treatment center. (a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor. The Department's application to the court to place a minor in an out-of-state residential treatment center shall include: (1) an explanation of what in State resources, if | ||
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(2) an explanation as to how the out-of-state | ||
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(3) an explanation as to how the Department will | ||
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(4) an explanation as to why it is in the minor's | ||
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(b) If the out-of-state residential treatment center is a secure facility as defined in paragraph (18) of Section 1-3 of this Act, the requirements of Section 27.1 of this Act shall also be met prior to the minor's placement in the out-of-state residential treatment center. (c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution.
(Source: P.A. 100-136, eff. 8-18-17.) |
(705 ILCS 405/2-27.5)
Sec. 2-27.5.
(Repealed).
(Source: P.A. 90-28, eff. 1-1-98. Repealed by P.A. 90-27, eff. 1-1-98.)
|
(705 ILCS 405/2-28) Sec. 2-28. Court review. (1) The court may require any legal custodian or guardian of the person appointed under this Act to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian, guardian, or the legal custodian's or guardian's agency to make a full and accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor. The custodian or guardian, within 10 days after such citation, or earlier if the court determines it to be necessary to protect the health, safety, or welfare of the minor, shall make the report, either in writing verified by affidavit or orally under oath in open court, or otherwise as the court directs. Upon the hearing of the report the court may remove the custodian or guardian and appoint another in the custodian's or guardian's stead or restore the minor to the custody of the minor's parents or former guardian or custodian. However, custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interests of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. (1.5) The public agency that is the custodian or guardian of the minor shall file a written report with the court no later than 15 days after a minor in the agency's care remains: (1) in a shelter placement beyond 30 days; (2) in a psychiatric hospital past the time when the | ||
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(3) in a detention center or Department of Juvenile | ||
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The report shall explain the steps the agency is taking to ensure the minor is placed appropriately, how the minor's needs are being met in the minor's shelter placement, and if a future placement has been identified by the Department, why the anticipated placement is appropriate for the needs of the minor and the anticipated placement date. (1.6) Within 30 days after placing a child in its care in a qualified residential treatment program, as defined by the federal Social Security Act, the Department of Children and Family Services shall prepare a written report for filing with the court and send copies of the report to all parties. Within 20 days of the filing of the report, or as soon thereafter as the court's schedule allows but not more than 60 days from the date of placement, the court shall hold a hearing to consider the Department's report and determine whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and if the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child. The court shall approve or disapprove the placement. If applicable, the requirements of Sections 2-27.1 and 2-27.2 must also be met. The Department's written report and the court's written determination shall be included in and made part of the case plan for the child. If the child remains placed in a qualified residential treatment program, the Department shall submit evidence at each status and permanency hearing: (1) demonstrating that on-going assessment of the | ||
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(2) documenting the specific treatment or service | ||
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(3) the efforts made by the agency to prepare the | ||
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(2) The first permanency hearing shall be conducted by the judge. Subsequent permanency hearings may be heard by a judge or by hearing officers appointed or approved by the court in the manner set forth in Section 2-28.1 of this Act. The initial hearing shall be held (a) within 12 months from the date temporary custody was taken, regardless of whether an adjudication or dispositional hearing has been completed within that time frame, (b) if the parental rights of both parents have been terminated in accordance with the procedure described in subsection (5) of Section 2-21, within 30 days of the order for termination of parental rights and appointment of a guardian with power to consent to adoption, or (c) in accordance with subsection (2) of Section 2-13.1. Subsequent permanency hearings shall be held every 6 months or more frequently if necessary in the court's determination following the initial permanency hearing, in accordance with the standards set forth in this Section, until the court determines that the plan and goal have been achieved. Once the plan and goal have been achieved, if the minor remains in substitute care, the case shall be reviewed at least every 6 months thereafter, subject to the provisions of this Section, unless the minor is placed in the guardianship of a suitable relative or other person and the court determines that further monitoring by the court does not further the health, safety, or best interest of the child and that this is a stable permanent placement. The permanency hearings must occur within the time frames set forth in this subsection and may not be delayed in anticipation of a report from any source or due to the agency's failure to timely file its written report (this written report means the one required under the next paragraph and does not mean the service plan also referred to in that paragraph). The public agency that is the custodian or guardian of the minor, or another agency responsible for the minor's care, shall ensure that all parties to the permanency hearings are provided a copy of the most recent service plan prepared within the prior 6 months at least 14 days in advance of the hearing. If not contained in the agency's service plan, the agency shall also include a report setting forth (i) any special physical, psychological, educational, medical, emotional, or other needs of the minor or the minor's family that are relevant to a permanency or placement determination and (ii) for any minor age 16 or over, a written description of the programs and services that will enable the minor to prepare for independent living. If not contained in the agency's service plan, the agency's report shall specify if a minor is placed in a licensed child care facility under a corrective plan by the Department due to concerns impacting the minor's safety and well-being. The report shall explain the steps the Department is taking to ensure the safety and well-being of the minor and that the minor's needs are met in the facility. The agency's written report must detail what progress or lack of progress the parent has made in correcting the conditions requiring the child to be in care; whether the child can be returned home without jeopardizing the child's health, safety, and welfare, and, if not, what permanency goal is recommended to be in the best interests of the child, and why the other permanency goals are not appropriate. The caseworker must appear and testify at the permanency hearing. If a permanency hearing has not previously been scheduled by the court, the moving party shall move for the setting of a permanency hearing and the entry of an order within the time frames set forth in this subsection. At the permanency hearing, the court shall determine the future status of the child. The court shall set one of the following permanency goals: (A) The minor will be returned home by a specific | ||
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(B) The minor will be in short-term care with a | ||
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(B-1) The minor will be in short-term care with a | ||
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(C) The minor will be in substitute care pending | ||
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(D) Adoption, provided that parental rights have been | ||
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(E) The guardianship of the minor will be transferred | ||
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(F) The minor over age 15 will be in substitute care | ||
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(G) The minor will be in substitute care because the | ||
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In selecting any permanency goal, the court shall indicate in writing the reasons the goal was selected and why the preceding goals were deemed inappropriate and not in the child's best interest. Where the court has selected a permanency goal other than (A), (B), or (B-1), the Department of Children and Family Services shall not provide further reunification services, except as provided in paragraph (F) of this subsection (2), but shall provide services consistent with the goal selected. (H) Notwithstanding any other provision in this | ||
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(1) The Department of Children and Family | ||
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(2) The court has deemed all other permanency | ||
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(3) The court has found compelling reasons, based | ||
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(a) the child does not wish to be adopted or | ||
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(b) the child exhibits an extreme level of | ||
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(c) the child who is the subject of the | ||
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(4) The child has lived with the relative or | ||
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(5) The relative or foster parent currently | ||
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The court shall set a permanency goal that is in the best interest of the child. In determining that goal, the court shall consult with the minor in an age-appropriate manner regarding the proposed permanency or transition plan for the minor. The court's determination shall include the following factors: (1) Age of the child. (2) Options available for permanence, including both | ||
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(3) Current placement of the child and the intent of | ||
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(4) Emotional, physical, and mental status or | ||
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(5) Types of services previously offered and whether | ||
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(6) Availability of services currently needed and | ||
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(7) Status of siblings of the minor. The court shall consider (i) the permanency goal contained in the service plan, (ii) the appropriateness of the services contained in the plan and whether those services have been provided, (iii) whether reasonable efforts have been made by all the parties to the service plan to achieve the goal, and (iv) whether the plan and goal have been achieved. All evidence relevant to determining these questions, including oral and written reports, may be admitted and may be relied on to the extent of their probative value. The court shall make findings as to whether, in violation of Section 8.2 of the Abused and Neglected Child Reporting Act, any portion of the service plan compels a child or parent to engage in any activity or refrain from any activity that is not reasonably related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. The services contained in the service plan shall include services reasonably related to remedy the conditions that gave rise to removal of the child from the home of the child's parents, guardian, or legal custodian or that the court has found must be remedied prior to returning the child home. Any tasks the court requires of the parents, guardian, or legal custodian or child prior to returning the child home must be reasonably related to remedying a condition or conditions that gave rise to or which could give rise to any finding of child abuse or neglect. If the permanency goal is to return home, the court shall make findings that identify any problems that are causing continued placement of the children away from the home and identify what outcomes would be considered a resolution to these problems. The court shall explain to the parents that these findings are based on the information that the court has at that time and may be revised, should additional evidence be presented to the court. The court shall review the Sibling Contact Support Plan developed or modified under subsection (f) of Section 7.4 of the Children and Family Services Act, if applicable. If the Department has not convened a meeting to develop or modify a Sibling Contact Support Plan, or if the court finds that the existing Plan is not in the child's best interest, the court may enter an order requiring the Department to develop, modify, or implement a Sibling Contact Support Plan, or order mediation. If the goal has been achieved, the court shall enter orders that are necessary to conform the minor's legal custody and status to those findings. If, after receiving evidence, the court determines that the services contained in the plan are not reasonably calculated to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence. The court also shall enter an order for the Department to develop and implement a new service plan or to implement changes to the current service plan consistent with the court's findings. The new service plan shall be filed with the court and served on all parties within 45 days of the date of the order. The court shall continue the matter until the new service plan is filed. Except as authorized by subsection (2.5) of this Section and as otherwise specifically authorized by law, the court is not empowered under this Section to order specific placements, specific services, or specific service providers to be included in the service plan. A guardian or custodian appointed by the court pursuant to this Act shall file updated case plans with the court every 6 months. Rights of wards of the court under this Act are enforceable against any public agency by complaints for relief by mandamus filed in any proceedings brought under this Act. (2.5) If, after reviewing the evidence, including evidence from the Department, the court determines that the minor's current or planned placement is not necessary or appropriate to facilitate achievement of the permanency goal, the court shall put in writing the factual basis supporting its determination and enter specific findings based on the evidence. If the court finds that the minor's current or planned placement is not necessary or appropriate, the court may enter an order directing the Department to implement a recommendation by the minor's treating clinician or a clinician contracted by the Department to evaluate the minor or a recommendation made by the Department. If the Department places a minor in a placement under an order entered under this subsection (2.5), the Department has the authority to remove the minor from that placement when a change in circumstances necessitates the removal to protect the minor's health, safety, and best interest. If the Department determines removal is necessary, the Department shall notify the parties of the planned placement change in writing no later than 10 days prior to the implementation of its determination unless remaining in the placement poses an imminent risk of harm to the minor, in which case the Department shall notify the parties of the placement change in writing immediately following the implementation of its decision. The Department shall notify others of the decision to change the minor's placement as required by Department rule. (3) Following the permanency hearing, the court shall enter a written order that includes the determinations required under subsection (2) of this Section and sets forth the following: (a) The future status of the minor, including the | ||
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(b) If the permanency goal of the minor cannot be | ||
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(i) (Blank). (ii) Whether the services required by the court | ||
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(iii) Whether the minor's current or planned | ||
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(iv) (Blank). (v) (Blank). (4) The minor or any person interested in the minor may apply to the court for a change in custody of the minor and the appointment of a new custodian or guardian of the person or for the restoration of the minor to the custody of the minor's parents or former guardian or custodian. When return home is not selected as the permanency goal: (a) The Department, the minor, or the current foster | ||
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(b) The State's Attorney may file a motion to | ||
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When parental rights have been terminated for a | ||
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Custody of the minor shall not be restored to any parent, guardian, or legal custodian in any case in which the minor is found to be neglected or abused under Section 2-3 or dependent under Section 2-4 of this Act, unless the minor can be cared for at home without endangering the minor's health or safety and it is in the best interest of the minor, and if such neglect, abuse, or dependency is found by the court under paragraph (1) of Section 2-21 of this Act to have come about due to the acts or omissions or both of such parent, guardian, or legal custodian, until such time as an investigation is made as provided in paragraph (5) and a hearing is held on the issue of the health, safety, and best interest of the minor and the fitness of such parent, guardian, or legal custodian to care for the minor and the court enters an order that such parent, guardian, or legal custodian is fit to care for the minor. If a motion is filed to modify or vacate a private guardianship order and return the child to a parent, guardian, or legal custodian, the court may order the Department of Children and Family Services to assess the minor's current and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest of the minor during the pendency of the motion to assist the court in making that determination. In the event that the minor has attained 18 years of age and the guardian or custodian petitions the court for an order terminating the minor's guardianship or custody, guardianship or custody shall terminate automatically 30 days after the receipt of the petition unless the court orders otherwise. No legal custodian or guardian of the person may be removed without the legal custodian's or guardian's consent until given notice and an opportunity to be heard by the court. When the court orders a child restored to the custody of the parent or parents, the court shall order the parent or parents to cooperate with the Department of Children and Family Services and comply with the terms of an after-care plan, or risk the loss of custody of the child and possible termination of their parental rights. The court may also enter an order of protective supervision in accordance with Section 2-24. If the minor is being restored to the custody of a parent, legal custodian, or guardian who lives outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the Department of Children and Family Services to arrange for an assessment of the minor's proposed living arrangement and for ongoing monitoring of the health, safety, and best interest of the minor and compliance with any order of protective supervision entered in accordance with Section 2-24. (5) Whenever a parent, guardian, or legal custodian files a motion for restoration of custody of the minor, and the minor was adjudicated neglected, abused, or dependent as a result of physical abuse, the court shall cause to be made an investigation as to whether the movant has ever been charged with or convicted of any criminal offense which would indicate the likelihood of any further physical abuse to the minor. Evidence of such criminal convictions shall be taken into account in determining whether the minor can be cared for at home without endangering the minor's health or safety and fitness of the parent, guardian, or legal custodian. (a) Any agency of this State or any subdivision | ||
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(b) The information derived from the investigation | ||
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(c) All information obtained from any investigation | ||
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(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(705 ILCS 405/2-28.01)
Sec. 2-28.01.
(Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 90-608, eff.
6-30-98.)
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(705 ILCS 405/2-28.1)
Sec. 2-28.1.
Permanency hearings; before hearing officers.
(a) The chief judge of the circuit court may appoint hearing officers to
conduct the permanency hearings set forth in subsection (2) of Section 2-28, in accordance with the
provisions of this Section. The hearing officers shall be attorneys with at
least 3 years experience in child abuse and neglect or permanency planning and
in counties with a population of 3,000,000 or more, any hearing officer
appointed after September 1, 1997, must be an attorney admitted to practice
for at
least 7 years. Once trained by the court, hearing officers shall be authorized
to do the following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take | ||
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(4) Require the production of evidence relevant to | ||
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(5) Rule on the admissibility of evidence using the | ||
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(6) When necessary, cause notices to be issued | ||
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(7) Analyze the evidence presented to the hearing | ||
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(8) Prior to the hearing, conduct any pre-hearings | ||
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(9) Conduct in camera interviews with children when | ||
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In counties with a population of 3,000,000 or more, hearing officers shall
also be authorized to do the following:
(i) Accept specific consents for adoption or | ||
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(ii) Conduct hearings on the progress made toward the | ||
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(iii) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and conduct the permanency
hearings as set forth in subsections (2) and (3) of Section 2-28 in accordance with the
standards set forth
therein. The hearing officer shall assure that a verbatim record of the
proceedings is made and retained for a period of 12 months or until the next
permanency hearing, whichever date is later, and shall direct to the clerk of
the court all documents and evidence to be made part of the court file. The
hearing officer shall inform the participants of their individual rights and
responsibilities. The hearing officer shall identify the issues to be reviewed
under subsection (2) of Section 2-28,
consider all relevant facts, and receive or request any additional information
necessary to make recommendations to the court.
If a party fails to appear at the hearing, the hearing officer may proceed to
the permanency hearing with the parties present at the hearing. The hearing
officer shall specifically note for the court the absence of any parties. If
all parties are present at the permanency hearing, and the parties and the
Department are in agreement that the service plan and permanency goal are
appropriate or are in agreement that the permanency goal for the child has been
achieved, the hearing officer shall prepare a recommended order, including
findings of fact, to be submitted to the court, and all parties and the
Department shall sign the recommended order at the time of the hearing. The
recommended order will then be submitted to the court for its immediate
consideration and the entry of an appropriate order.
The court may enter an order consistent with the recommended order without
further hearing or notice to the parties, may refer the matter to the hearing
officer for further proceedings, or may hold such additional hearings as the
court deems necessary. All parties present at the hearing and the Department
shall be tendered a copy of the court's order at the conclusion of the hearing.
(c) If one or more parties are not present at the permanency hearing, or
any party or the Department of Children and Family Services objects to the
hearing officer's recommended order, including any findings of fact, the
hearing officer shall set the matter for a judicial determination within 30
days of the permanency hearing for the entry of the recommended order or for
receipt of the parties' objections. Any objections shall be in writing
and identify the specific
findings or recommendations that are contested, the basis for the objections,
and the evidence or applicable law supporting the objection. The recommended
order and its contents may not be disclosed to anyone other than the parties
and the Department or other agency unless otherwise specifically ordered by a
judge of the court.
Following the receipt of objections consistent with this subsection from any
party or the Department of Children and Family Services to the hearing
officer's recommended orders, the court shall make a judicial determination of
those portions of the order to which objections were made, and shall enter an
appropriate order. The court may refuse to review any objections that fail to
meet the requirements of this subsection.
(d) The following are judicial functions and shall be performed only by a
circuit judge or associate judge:
(1) Review of the recommended orders of the hearing | ||
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(2) Conduct of judicial hearings on all pre-hearing | ||
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(3) Conduct of judicial determinations on all matters | ||
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(4) Issuance of rules to show cause, conduct of | ||
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(Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28, eff. 1-1-98;
90-87, eff. 9-1-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98.)
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(705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
Sec. 2-29. Adoption; appointment of guardian with power to consent.
(1) With leave of the court, a minor who is the subject of an
abuse, neglect, or dependency petition under this
Act
may be the subject of a petition for adoption under the Adoption Act.
(1.1) The
parent or parents of a child in whose interest a petition under Section 2-13
of this Act is pending may, in the manner
required by the Adoption Act, (a) surrender the child for adoption to an agency legally authorized or licensed to place
children for adoption, (b) consent to the child's adoption, or (c) consent to the child's
adoption by a specified person or persons. Nothing in this
Section requires that the parent or parents execute the surrender, consent, or
consent to adoption by a specified person in open court.
(2) If a petition or motion alleges and the court
finds that it
is in the
best
interest of the minor that parental rights be terminated and the petition or
motion requests that a guardian of
the person be appointed and
authorized to consent to the adoption of the minor, the court,
with the consent of the parents, if living, or after finding,
based
upon clear
and convincing evidence, that a
parent is an unfit person as defined in Section 1 of the Adoption Act, may
terminate parental rights and empower the guardian of the
person of the minor, in the order appointing the guardian of the person of the minor as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for the minor, and frees the minor from all
obligations of maintenance and obedience to the minor's natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the unfitness of a
non-consenting parent.
(2.1) 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 on the
petition for wardship and has not been set aside shall be provided in
accordance with Sections 2-15 and 2-16.
(3) Parental consent to the order terminating
parental rights and authorizing the
guardian of the person
to consent to adoption of the minor must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included.
(4) A finding of the
unfitness of a parent must be made in compliance with the
Adoption Act, without regard to the likelihood that the child will be placed
for adoption, and be based upon clear and convincing
evidence. Provisions of the Adoption Act relating to minor
parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
any findings with respect to such parents shall be based upon clear and
convincing evidence.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-30) (from Ch. 37, par. 802-30)
Sec. 2-30.
Notice to putative father; service.
1. Upon the written request to any clerk of any circuit court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to the | ||
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(b) The clerk forthwith shall mail to the putative | ||
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(c) The return receipt, when returned to the clerk, | ||
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(d) The clerk shall note the fact of service in a | ||
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2. The notice shall be signed by the clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An order or
judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
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(705 ILCS 405/2-31) (from Ch. 37, par. 802-31)
Sec. 2-31. Duration of wardship and discharge of proceedings.
(1) All proceedings under Article II of this Act in respect of any minor
automatically terminate upon the minor attaining the age of 21 years.
(2) Whenever the court determines, and makes written factual findings, that
health, safety, and the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18 or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (A) the minor's wishes regarding case closure; (B) the manner in which the minor will maintain independence without services from the Department; (C) the minor's engagement in services including placement offered by the Department; (D) if the minor is not engaged, the Department's efforts to engage the minor; (E) the nature of communication between the minor and the Department; (F) the minor's involvement in other State systems or services; (G) the minor's connections with family and other community support; and (H) any other factor the court deems relevant. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.
(3) The wardship of the minor and any custodianship or guardianship
respecting the minor for whom a petition was filed after July 24, 1991 (the effective
date of Public Act 87-14) automatically terminates when the minor
attains the age of 19 years, except as set forth in subsection (1) of this
Section. The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason. The provisions of this subsection (3) become inoperative on and after July 12, 2019 (the effective date of Public Act 101-78).
(4) Notwithstanding any provision of law to the contrary, the changes made by Public Act 101-78 apply to all cases that are pending on or after July 12, 2019 (the effective date of Public Act 101-78). (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/2-32)
Sec. 2-32.
Time limit for relief from final order pursuant to a petition
under Section 2-1401 of the Code of Civil Procedure. A petition for relief
from a final order entered in a proceeding under this Act, after 30 days from
the entry thereof under the provisions of Section 2-1401 of the Code of Civil
Procedure or otherwise, must be filed not later than one year after the
entry
of the order or judgment.
(Source: P.A. 90-27, eff. 1-1-98; 90-608, eff. 6-30-98.)
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(705 ILCS 405/2-33)
Sec. 2-33. Supplemental petition to reinstate wardship.
(1) Any time prior to a minor's 18th birthday, pursuant to a supplemental
petition filed under this Section, the court may reinstate wardship and open a
previously closed case when:
(a) wardship and guardianship under the Juvenile | ||
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(b) the minor is not presently a ward of the court | ||
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(c) it is in the minor's best interest that wardship | ||
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(2) Any time prior to a minor's 21st birthday, pursuant to a supplemental petition filed under this Section, the court may reinstate wardship and open a previously closed case when: (a) wardship and guardianship under this Act was | ||
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(i) an order entered under subsection (2) of | ||
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(ii) closure of a case under subsection (2) of | ||
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(iii) an order entered under subsection (3) of | ||
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(b) the minor is not presently a ward of the court | ||
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(c) it is in the minor's best interest that wardship | ||
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(3) The supplemental petition must be filed in the same proceeding in which
the original adjudication order was entered. Unless excused by court for good
cause shown, the petitioner shall give notice of the time and place of the
hearing on the supplemental petition, in person or by mail, to the minor, if
the
minor is 14 years of age or older, and to the parties to the juvenile court
proceeding.
Notice shall be provided at least 3 court days in advance of the hearing
date.
(3.5) Whenever a petition is filed to reinstate wardship pursuant to subsection (1), prior to granting the
petition, the court may order the Department of Children and Family Services to assess the minor's current
and proposed living arrangements and to provide ongoing monitoring of the health, safety, and best interest
of the minor during the pendency of the petition to assist the court in making that determination. (4) A minor who is the subject of a petition to reinstate wardship under this Section shall be provided with representation in accordance with Sections 1-5 and 2-17 of this Act. (5) Whenever a minor is committed to the Department of Children and Family Services for care and services following the reinstatement of wardship under this Section, the Department shall: (a) Within 30 days of such commitment, prepare and | ||
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(b) Promptly refer the minor for such services as are | ||
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(Source: P.A. 101-78, eff. 7-12-19; 102-489, eff. 8-20-21.)
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(705 ILCS 405/2-34) Sec. 2-34. Motion to reinstate parental rights. (1) For purposes of this subsection (1), the term "parent" refers to the person or persons whose rights were terminated as described in paragraph (a) of this subsection; and the term "minor" means a person under the age of 21 years subject to this Act for whom the Department of Children and Family Services Guardianship Administrator is appointed the temporary custodian or guardian. A motion to reinstate parental rights may be filed only by the Department of Children and Family Services or the minor regarding any minor who is presently a ward of the court under Article II of this Act when all the conditions set out in paragraphs (a), (b), (c), (d), (e), (f), and (g) of this subsection (1) are met: (a) while the minor was under the jurisdiction of the | ||
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(b) (i) since the signing of the surrender, the | ||
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(ii) the minor was made a ward of the Court, the | ||
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(iii) the minor was made a ward of the Court, | ||
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(c) the minor is not currently in a placement likely | ||
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(d) it is in the minor's best interest that parental | ||
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(e) the parent named in the motion wishes parental | ||
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(f) more than 3 years have lapsed since the signing | ||
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(g) (i) the child is 13 years of age or older or (ii) | ||
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(h) if the court has previously denied a motion to | ||
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(2) The motion may be filed only by the Department of Children and Family Services or by the minor. Unless excused by the court for good cause shown, the movant shall give notice of the time and place of the hearing on the motion, in person or by mail, to the parties to the juvenile court proceeding. Notice shall be provided at least 14 days in advance of the hearing date. The motion shall include the allegations required in subsection (1) of this Section. (3) Any party may file a motion to dismiss the motion with prejudice on the basis that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or the parent intentionally acted to disrupt the child's adoption. If the court finds by a
preponderance of the evidence that the parent has intentionally acted to prevent the child from being adopted, after parental rights were terminated or that the parent intentionally acted
to disrupt the child's adoption, the court shall dismiss the petition with prejudice. (4) The court shall not grant a motion for reinstatement of parental rights unless the court finds that the motion is supported by clear and convincing evidence. In ruling on a motion to reinstate parental rights, the court shall make findings consistent with the requirements in subsection (1) of this Section. The court shall consider the reasons why the child was initially brought to the attention of the court, the history of the child's case as it relates to the parent seeking reinstatement, and the current circumstances of the parent for whom reinstatement of rights is sought. If reinstatement is being considered subsequent to a finding of unfitness pursuant to Section 2-29 of this Act having been entered with respect to the parent whose rights are being restored, the court in determining the minor's best interest shall consider, in addition to the factors set forth in paragraph (4.05) of Section 1-3 of this Act, the specific grounds upon which the unfitness findings were made. Upon the entry of an order granting a motion to reinstate parental rights, parental rights of the parent named in the order shall be reinstated, any previous order appointing a guardian with the power to consent to adoption shall be void and with respect to the parent named in the order, any consent shall be void. (5) If the case is post-disposition, the court, upon the entry of an order granting a motion to reinstate parental rights, shall schedule the matter for a permanency hearing pursuant to Section 2-28 of this Act within 45 days. (6) Custody of the minor shall not be restored to the parent, except by order of court pursuant to subsection (4) of Section 2-28 of this Act. (7) In any case involving a child over the age of 13 who meets the criteria established in this Section for reinstatement of parental rights, the Department of Children and Family Services shall conduct an assessment of the child's circumstances to assist in future planning for the child, including, but not limited to a determination regarding the appropriateness of filing a motion to reinstate parental rights. (8) (Blank).
(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/Art. III heading) ARTICLE III.
MINORS REQUIRING AUTHORITATIVE INTERVENTION
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(705 ILCS 405/3-1) (from Ch. 37, par. 803-1) Sec. 3-1. Jurisdictional facts. Proceedings may be instituted under
this Article concerning minors who require authoritative intervention
as defined in Section 3-3, who are truant minors in need of supervision
as defined in Section 3-33.5, or who are minors involved in electronic dissemination of indecent visual depictions in need of supervision as defined in Section 3-40.(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/3-2) (from Ch. 37, par. 803-2)
Sec. 3-2.
(1) Venue under this Article lies in the county where the
minor resides or is found.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at
any time before or after adjudication of wardship transfer the case to the
county of the minor's residence by transmitting to the court in that county
an authenticated copy of the court record, including all documents,
petitions and orders filed therein, and the minute orders and docket
entries of the court. Transfer in like manner may be made in the event of
a change of residence from one county to another of a minor concerning whom
proceedings are pending.
(Source: P.A. 85-601.)
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(705 ILCS 405/3-3) (from Ch. 37, par. 803-3)
Sec. 3-3. Minor requiring authoritative intervention. Those requiring
authoritative intervention include any minor under 18 years of age (1) who
is (a) absent from home without consent of parent, guardian
or custodian, or (b) beyond the control of the minor's parent, guardian or
custodian, in circumstances which constitute a substantial or immediate danger
to the minor's physical safety; and (2) who, after being taken into
limited custody for the period provided for in this Section and
offered interim crisis intervention services, where available, refuses to
return home after the minor and the minor's parent, guardian or custodian
cannot agree to an arrangement for an alternative voluntary residential
placement or to the continuation of such placement.
Any minor taken into limited custody for the reasons specified in this
Section may not be adjudicated a minor requiring authoritative intervention
until the following number of days have elapsed from the minor having been
taken into limited custody: 21 days for the first instance of being taken
into limited custody and 5 days for the second, third, or fourth instances
of being taken into limited custody. For the fifth or any subsequent instance
of being taken into limited custody for the reasons specified in this Section,
the minor may be adjudicated as requiring authoritative intervention without
any specified period of time expiring after the minor being taken into
limited custody, without the minor's being offered interim crisis intervention
services, and without the minor's being afforded an opportunity to agree
to an arrangement for an alternative voluntary residential placement.
Notwithstanding any other provision of this Section, for the first instance
in which a minor is taken into limited custody where one year has elapsed
from the last instance of the minor's having been taken into limited custody, the
minor may not be adjudicated a minor requiring authoritative intervention
until 21 days have passed since being taken into limited custody.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-4) (from Ch. 37, par. 803-4)
Sec. 3-4. Taking into limited custody.
(a) A law enforcement officer may, without a warrant, take into limited
custody a minor who the law enforcement officer reasonably determines is (i)
absent from home without consent of the minor's parent, guardian or custodian,
or (ii) beyond the control of the minor's parent, guardian or custodian, in
circumstances which constitute a substantial or immediate danger to the minor's
physical safety.
(b) A law enforcement officer who takes a minor into limited custody shall
(i) immediately inform the minor of the reasons for such limited custody,
and (ii) make a prompt, reasonable effort to inform the minor's parents,
guardian, or custodian that the minor has been taken into limited custody
and where the minor is being kept.
(c) If the minor consents, the law enforcement officer shall make a
reasonable effort to transport, arrange for the transportation of or
otherwise release the minor to the parent, guardian or custodian. Upon
release of a minor who is believed to need or would benefit from medical,
psychological, psychiatric or social services, the law enforcement officer
may inform the minor and the person to whom the minor is released of the
nature and location of appropriate services and shall, if requested, assist
in establishing contact between the family and an agency or association
providing such services.
(d) If the law enforcement officer is unable by all reasonable efforts
to contact a parent, custodian, relative or other responsible person; or
if the person contacted lives an unreasonable distance away; or if the
minor refuses to be taken to the minor's home or other appropriate residence; or
if the officer is otherwise unable despite all reasonable efforts to make
arrangements for the safe release of the minor taken into limited custody,
the law enforcement officer shall take or make reasonable arrangements for
transporting the minor to an agency or association providing crisis
intervention services, or, where appropriate, to a mental health or
developmental disabilities facility for screening for voluntary or involuntary
admission under Section 3-500 et seq. of the Illinois Mental Health and
Developmental Disabilities Code; provided that where no crisis intervention
services exist, the minor may be transported for services to court service
departments or probation departments under the court's administration.
(e) No minor shall be involuntarily subject to limited custody for more
than 6 hours from the time of the minor's initial contact with the law
enforcement officer.
(f) No minor taken into limited custody shall be placed in a jail, municipal
lockup, detention center or secure correctional facility.
(g) The taking of a minor into limited custody under this Section is
not an arrest nor does it constitute a police record; and the records of
law enforcement officers concerning all minors taken into limited custody
under this Section shall be maintained separate from the records of arrest
and may not be inspected by or disclosed to the public except by order of
the court. However, such records may be disclosed to the agency or association
providing interim crisis intervention services for the minor.
(h) Any law enforcement agency, juvenile officer or other law enforcement
officer acting reasonably and in good faith in the care of a minor in limited
custody shall be immune from any civil or criminal liability resulting from
such custody.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-5) (from Ch. 37, par. 803-5) Sec. 3-5. Interim crisis intervention services. (a) Any minor who is taken into limited custody, or who independently requests or is referred for assistance, may be provided crisis intervention services by an agency or association, as defined in this Act, provided the association or agency staff (i) immediately investigate the circumstances of the minor and the facts surrounding the minor being taken into custody and promptly explain these facts and circumstances to the minor, and (ii) make a reasonable effort to inform the minor's parent, guardian, or custodian of the fact that the minor has been taken into limited custody and where the minor is being kept, and (iii) if the minor consents, make a reasonable effort to transport, arrange for the transportation of, or otherwise release the minor to the parent, guardian, or custodian. Upon release of the child who is believed to need or benefit from medical, psychological, psychiatric, or social services, the association or agency may inform the minor and the person to whom the minor is released of the nature and location of appropriate services and shall, if requested, assist in establishing contact between the family and other associations or agencies providing such services. If the agency or association is unable by all reasonable efforts to contact a parent, guardian, or custodian, or if the person contacted lives an unreasonable distance away, or if the minor refuses to be taken to the minor's home or other appropriate residence, or if the agency or association is otherwise unable despite all reasonable efforts to make arrangements for the safe return of the minor, the minor may be taken to a temporary living arrangement which is in compliance with the Child Care Act of 1969 or which is with persons agreed to by the parents and the agency or association. (b) An agency or association is authorized to permit a minor to be sheltered in a temporary living arrangement provided the agency seeks to effect the minor's return home or alternative living arrangements agreeable to the minor and the parent, guardian, or custodian as soon as practicable. No minor shall be sheltered in a temporary living arrangement for more than 21 business days. Throughout such limited custody, the agency or association shall work with the parent, guardian, or custodian and the minor's local school district, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Juvenile Justice, and the Department of Children and Family Services to identify immediate and long-term treatment or placement. If at any time during the crisis intervention there is a concern that the minor has experienced abuse or neglect, the Comprehensive Community Based-Youth Services provider shall contact the Department of Children and Family Services as provided in the Abused and Neglected Child Reporting Act. (c) Any agency or association or employee thereof acting reasonably and in good faith in the care of a minor being provided interim crisis intervention services and shelter care shall be immune from any civil or criminal liability resulting from such care. (Source: P.A. 103-22, eff. 8-8-23; 103-546, eff. 8-11-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-6) (from Ch. 37, par. 803-6) Sec. 3-6. Alternative voluntary residential placement. (a) A minor and the minor's parent, guardian or custodian may agree to an arrangement for alternative voluntary residential placement, in compliance with the Child Care Act of 1969, without court order. Such placement may continue as long as there is agreement. (b) If the minor and the minor's parent, guardian or custodian cannot agree to an arrangement for alternative voluntary residential placement in the first instance, or cannot agree to the continuation of such placement, and the minor refuses to return home, the minor or the minor's parent, guardian or custodian, or a person properly acting at the minor's request, may file with the court a petition alleging that the minor requires authoritative intervention as described in Section 3-3.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-7) (from Ch. 37, par. 803-7) Sec. 3-7. Taking into temporary custody. (1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be a minor requiring authoritative intervention; (b) who has been
adjudged a ward of the court and has escaped from any commitment ordered by
the court under this Act; (c) who is found in any street or public place
suffering from any sickness or injury which requires care, medical
treatment or hospitalization; or (d) whom the officer with reasonable cause believes to be a minor in need of supervision under Section 3-40. (2) Whenever a petition has been filed under Section 3-15 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of the minor or others or that the
circumstances of the minor's home environment may endanger the minor's health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody. (3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record. (4) No minor taken into temporary custody shall be placed in a jail,
municipal lockup, detention center, or secure correctional facility.(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
Sec. 3-8. Duty of officer; admissions by minor.
(1) A law enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's
care or the person with whom the minor resides that the minor has been
taken into custody and where the minor is being held; and the officer shall
without unnecessary delay take the minor to the nearest juvenile police
officer designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city or village
where the offense is alleged to have been committed.
The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of
minors. The court may not designate a place of detention for the reception
of minors, unless the minor is alleged to be a person described in subsection
(3) of Section 5-105.
(2) A law enforcement officer who takes a minor into custody without
a warrant under Section 3-7 shall, if the minor is not released, immediately
make a reasonable attempt to notify the parent or other person legally
responsible for the minor's care or the person with whom the minor resides
that the minor has been taken into custody and where the minor is being
held; and the law enforcement officer shall without unnecessary delay take
the minor to the nearest juvenile police officer designated for such
purposes in the county of venue or shall surrender the minor to a juvenile
police officer in the city or village where the offense is alleged to have
been committed, or upon determining the true identity of the minor, may
release the minor to the parent or other person legally responsible for the
minor's care or the person with whom the minor resides, if the minor is taken
into custody for an offense which would be a misdemeanor if committed by an
adult. If a minor is so released, the law enforcement officer shall promptly
notify a juvenile police officer of the circumstances of the custody and
release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to a | ||
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(c) station adjustment, release of the minor to a | ||
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(d) station adjustment, release of the minor to a | ||
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(e) station adjustment and release of the minor to a | ||
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(f) station adjustment, release of the minor to a | ||
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(g) station adjustment, release of the minor to a | ||
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(h) release of the minor to the minor's parents and | ||
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(i) release of the minor to school officials of the | ||
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(j) if the juvenile police officer reasonably | ||
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(k) any other appropriate action with consent of the | ||
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-9) (from Ch. 37, par. 803-9)
Sec. 3-9. Temporary custody; shelter care. Any minor taken into
temporary custody pursuant to this Act who requires care away
from the minor's home but who does not require physical restriction shall be
given temporary care in a foster family home or other shelter facility
designated by the court. In the case of a minor alleged to be a minor
requiring authoritative intervention, the court may order, with the
approval of the Department of Children and Family Services, that custody of
the minor be with the Department of Children and Family Services for
designation of temporary care as the Department determines. No such child
shall be ordered to the Department without the approval of the Department.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-10) (from Ch. 37, par. 803-10)
Sec. 3-10. Investigation; release. When a minor is delivered to the
court, or to the place designated by the court under Section 3-9 of this Act,
a probation officer or such other public officer designated by the court
shall immediately investigate the circumstances of the minor and the
facts surrounding the minor being taken into custody. The minor shall be
immediately released to the custody of the minor's parent, guardian, legal
custodian or responsible relative, unless the probation officer or such
other public officer designated by the court finds that further
shelter care is necessary as provided in Section 3-7.
This Section shall in no way be construed to limit Section 5-905.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-11) (from Ch. 37, par. 803-11)
Sec. 3-11. Setting of shelter care hearing; notice; release.
(1) Unless sooner released, a minor requiring authoritative intervention,
taken into temporary custody, must be brought before a judicial officer within
48 hours, exclusive of Saturdays, Sundays and court-designated holidays,
for a shelter care hearing to determine whether the minor
shall be further held in custody.
(2) If the probation officer or such other public officer designated
by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court
shall cause a petition to be filed as provided in Section 3-15 of this Act,
and the clerk of the court shall set the matter for hearing on the
shelter care hearing calendar. When a parent, guardian, custodian or
responsible relative is present and so requests, the shelter care hearing
shall be held immediately if the court is in session, otherwise at the
earliest feasible time. The petitioner through counsel or such other public
officer designated by the court shall insure notification to the minor's
parent, guardian, custodian or responsible relative of the time and place
of the hearing by the best practicable notice, allowing for oral notice in
place of written notice only if provision of written notice is unreasonable
under the circumstances.
(3) The minor must be released from custody at the expiration of the
48 hour period, if not brought before a judicial officer within that period.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. 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 a person requiring authoritative intervention, 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 a person requiring authoritative intervention, the minor, the minor's 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. "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 the minor's 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 the minor 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 the minor's
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; 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, the court
shall, upon request of the 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 the minor's
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 the minor's 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 and 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 prior to the shelter care hearing for a minor described in
Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is unable to serve notice on the
party respondent, the shelter care hearing may proceed ex parte. A shelter
care order from an ex parte hearing shall be endorsed with the date and
hour of issuance and shall be filed with the clerk's office and entered of
record. The order shall expire after 10 days from the time it is issued
unless before its expiration it is renewed, at a hearing upon appearance
of the party respondent, or upon an affidavit of the moving party as to all
diligent efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and shall be
personally delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to notice. The
notice shall also state the nature of the allegations, the nature of the
order sought by the State, including whether temporary custody is sought,
and the consequences of failure to appear; and shall explain the right of
the parties and the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of Illinois will
present evidence (1) that (name of child or children)
....................... are abused, neglected or dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to remove the child
or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN PLACEMENT of the
child or children in foster care until a trial can be held. A trial may
not be held for up to 90 days.
At the shelter care hearing, parents have the following rights:
1. To ask the court to appoint a lawyer if they | ||
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2. To ask the court to continue the hearing to allow | ||
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3. To present evidence concerning:
a. Whether or not the child or children were | ||
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b. Whether or not there is "immediate and urgent | ||
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c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate notice of the
Shelter Care Hearing at which temporary custody of ............... was
awarded to ................, you have the right to request a full rehearing
on whether the State should have temporary custody of ................. To
request this rehearing, you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by mailing a statement
(affidavit) setting forth the following:
1. That you were not present at the shelter care | ||
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2. That you did not get adequate notice (explaining | ||
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3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your filing this
affidavit.
At the rehearing, your rights are the same as at the initial shelter care
hearing. The enclosed notice explains those rights.
At the Shelter Care Hearing, children have the following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to | ||
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a. Whether they are abused, neglected or | ||
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b. Whether there is "immediate and urgent | ||
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c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and | ||
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(4) If the parent, guardian, legal custodian, responsible relative, or
counsel of the minor did not have actual notice of or was not present at
the shelter care hearing, the parent, guardian, legal custodian, responsible relative, or counsel of the minor may file an affidavit setting forth
these facts, and the clerk shall set the matter for rehearing not later
than 48 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.
(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 the minor is not brought before a judicial officer within the
time period specified in Section 3-11, the minor must immediately be
released from custody.
(8) 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.
(9) Notwithstanding any other provision of this Section, 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, on notice to all parties entitled to notice, may
file a motion to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent | ||
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(b) There is a material change in the circumstances | ||
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(c) A person, including a parent, relative or legal | ||
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(d) Services provided by the Department of Children | ||
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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 the minor's family.
(10) 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. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-13) (from Ch. 37, par. 803-13)
Sec. 3-13.
Medical and dental treatment and care.
At all times during temporary custody or shelter care, the
court may authorize a physician, a hospital or any other appropriate health
care provider to provide medical, dental or surgical procedures if such
procedures are necessary to safeguard the minor's life or health.
(Source: P.A. 85-1209.)
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(705 ILCS 405/3-14) (from Ch. 37, par. 803-14)
Sec. 3-14. Preliminary conferences.
(1) The court may authorize the probation officer to confer in a
preliminary conference with any person seeking to file a petition under
Section 3-15, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition.
The probation officer should schedule a conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that the minor will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 3-11.
(3) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to the minor's conviction
thereunder.
(5) The probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial conference.
(6) Non-judicial adjustment plans include but are not limited to the
following:
(a) up to 6 months informal supervision within family;
(b) up to 6 months informal supervision with a | ||
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(c) up to 6 months informal supervision with release | ||
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(d) referral to special educational, counseling or | ||
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(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the | ||
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(7) The factors to be considered by the probation officer in formulating
a written non-judicial adjustment plan shall be the same as those limited
in subsection (4) of Section 5-405.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-15) (from Ch. 37, par. 803-15) Sec. 3-15. Petition; supplemental petitions. (1) Any adult person, any
agency or association by its representative may file, or the court on its
own motion may direct the filing through the State's Attorney of a petition
in respect to a minor under this Act. The petition and all subsequent court
documents shall be entitled "In the interest of ...., a minor". (2) The petition shall be verified but the statements may be made
upon information and belief. It shall allege that the minor
requires authoritative intervention or supervision and set forth (a) facts sufficient to
bring the minor under Section 3-3, 3-33.5, or 3-40;
(b) the name, age and residence of the minor; (c) the
names and residences of the minor's parents; (d) the name and residence of the minor's
legal guardian or the person or persons having custody or control of the
minor, or of the nearest known relative if no parent or guardian can be
found; and (e) if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which shelter care was ordered by the
court or the date set for a shelter care hearing. If any of the facts
herein required are not known by the petitioner, the petition shall so
state. (3) The petition must allege that it is in the best interests of the
minor and of the public that the minor be adjudged a ward of the court and may
pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship. (4) If appointment of a guardian of the person with power to consent
to adoption of the minor under Section 3-30 is sought, the petition shall
so state. (5) At any time before dismissal of the petition or before final
closing and discharge under Section 3-32, one or more supplemental
petitions may be filed in respect to the same minor.(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/3-16) (from Ch. 37, par. 803-16) Sec. 3-16. Date for adjudicatory hearing. (a) (Blank). (b)(1)(A) When a petition has been filed alleging that the minor requires authoritative intervention, an adjudicatory hearing shall be held within 120 days of a demand made by any party, except that when the court determines that the State, without success, has exercised due diligence to obtain evidence material to the case and that there are reasonable grounds to believe that such evidence may be obtained at a later date, the court may, upon motion by the State, continue the adjudicatory hearing for not more than 30 additional days. The 120-day period in which an adjudicatory hearing shall be held is tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a court's determination of the minor's physical incapacity for trial; or (iii) an interlocutory appeal. Any such delay shall temporarily suspend, for the time of the delay, the period within which the adjudicatory hearing must be held. On the day of expiration of the delay, the said period shall continue at the point at which it was suspended. (B) When no such adjudicatory hearing is held within the time required by paragraph (b)(1)(A) of this Section, the court shall, upon motion by any party, dismiss the petition with prejudice. (2) Without affecting the applicability of the tolling and multiple prosecution provisions of paragraph (b)(1) of this Section, when a petition has been filed alleging that the minor requires authoritative intervention and the minor is in shelter care, the adjudicatory hearing shall be held within 10 judicial days after the date of the order directing shelter care, or the earliest possible date in compliance with the notice provisions of Sections 3-17 and 3-18 as to the custodial parent, guardian, or legal custodian, but no later than 30 judicial days from the date of the order of the court directing shelter care. (3) Any failure to comply with the time limits of paragraph (b)(2) of this Section shall require the immediate release of the minor from shelter care, and the time limits of paragraph (b)(1) shall apply. (4) Nothing in this Section prevents the minor or the minor's parents or guardian from exercising their respective rights to waive the time limits set forth in this Section.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-17) (from Ch. 37, par. 803-17) Sec. 3-17. Summons. (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 the minor in any proceeding under this Act. (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. (3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the 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. (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. (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 the summoned person's usual place of abode with some person of the family, 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 the person's 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 therein for appearance. If the guardian or custodian is an agency of the State of Illinois, proper service may be made by 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 the officer or person has sent the copy pursuant to this Section is sufficient proof of service. (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. (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. A copy of the summons and petition shall be provided to the person at the time of the person's appearance. (8) Fines or assessments, such as fees or administrative costs, in the service of process shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(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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(705 ILCS 405/3-19) (from Ch. 37, par. 803-19) Sec. 3-19. Guardian ad litem. (1) Immediately upon the filing of a petition alleging that the minor requires authoritative intervention, the court may appoint a guardian ad litem for the minor if: (a) such petition alleges that the minor is the | ||
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(b) such petition alleges that charges alleging the | ||
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(2) Unless the guardian ad litem appointed pursuant to paragraph (1) is an attorney at law, the guardian ad litem shall be represented in the performance of the guardian ad litem's duties by counsel. (3) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if: (a) no parent, guardian, custodian, or relative of | ||
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(b) the petition prays for the appointment of a | ||
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(c) the petition for which the minor is before the | ||
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(4) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's parents or other custodian or that it is otherwise in the minor's interest to do so. (5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and paid from the general fund of the county.(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-20) (from Ch. 37, par. 803-20)
Sec. 3-20.
Evidence.
At the adjudicatory hearing, the court shall
first consider only the question whether the minor is a person requiring
authoritative intervention. The standard of proof and the rules of evidence
in the nature of civil proceedings in this State are applicable to Section 3-3.
(Source: P.A. 85-601.)
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(705 ILCS 405/3-21) (from Ch. 37, par. 803-21) Sec. 3-21. Continuance under supervision. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of proceedings a finding of whether or not the minor is a person requiring authoritative intervention; and (b) in the absence of objection made in open court by the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or the State's Attorney. (2) If the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or State's Attorney, objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be a minor requiring authoritative intervention is continued pursuant to this Section, the court may permit the minor to remain in the minor's home subject to such conditions concerning the minor's conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay. (6) (Blank).(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-22) (from Ch. 37, par. 803-22)
Sec. 3-22. Findings and adjudication. (1) After hearing the evidence
the court shall make and note in the
minutes of the proceeding a finding of whether or not the person is a minor
requiring authoritative intervention. If it finds that the minor is
not such a person, the court shall order the petition
dismissed and the minor discharged from any restriction
previously ordered in such proceeding.
(2) If the court finds that the person is a minor
requiring authoritative intervention, the court shall note in its findings
that the minor does require authoritative intervention.
The court shall then set a time for
a dispositional hearing to be conducted under Section 3-23 at which hearing
the court shall determine whether it is in the best interests of the minor
and the public that the minor be made a ward of the court. To assist the court
in making this and other determinations at the dispositional hearing, the
court may order that an investigation be conducted and a dispositional report
be prepared concerning the minor's physical and mental history and condition,
family situation and background, economic status, education, occupation,
history of delinquency or criminality, personal habits, and any other
information that may be helpful to the court.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-23) (from Ch. 37, par. 803-23)
Sec. 3-23. Dispositional hearing; evidence; continuance. (1) At the
dispositional hearing, the court shall determine whether it is in the best
interests of the minor and the public that the minor be made a ward of the court,
and, if the minor is to be made a ward of the court, the court shall determine the
proper disposition best serving the interests of the minor and the public.
All evidence helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to the extent of
its probative value, even though not competent for the purposes of the
adjudicatory hearing.
(2) Notice in compliance with Sections 3-17 and 3-18 must be given to all
parties-respondent prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted for inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
3-21, whether successfully completed or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the
hearing for a reasonable period to receive reports or other evidence. In
scheduling investigations and hearings, the court shall give priority to
proceedings in which a minor has been removed from the minor's home before
an order of disposition has been made.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-24) (from Ch. 37, par. 803-24) Sec. 3-24. Kinds of dispositional orders. (1) The following kinds of orders of disposition may be made in respect to wards of the court: A minor found to be requiring authoritative intervention under Section 3-3 may be (a) committed to the Department of Children and Family Services, subject to Section 5 of the Children and Family Services Act; (b) placed under supervision and released to the minor's parents, guardian, or legal custodian; (c) placed in accordance with Section 3-28 with or without also being placed under supervision. Conditions of supervision may be modified or terminated by the court if it deems that the best interests of the minor and the public will be served thereby; (d) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act; or (e) subject to having the minor's driver's license or driving privilege suspended for such time as determined by the Court but only until the minor attains 18 years of age. (2) Any order of disposition may provide for protective supervision under Section 3-25 and may include an order of protection under Section 3-26. (3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 3-32. (4) In addition to any other order of disposition, the court may order any person found to be a minor requiring authoritative intervention under Section 3-3 to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section. The parent, guardian, or legal custodian of the minor may pay some or all of such restitution on the minor's behalf. (5) Any order for disposition where the minor is committed or placed in accordance with Section 3-28 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. Such payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. (7) (Blank).(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-25) (from Ch. 37, par. 803-25)
Sec. 3-25. Protective supervision. If the order of disposition releases the minor to the custody of the minor's
parents, guardian or legal custodian, or continues the minor in such custody, the
court may place the person having custody of the minor, except for
representatives of private or public agencies or governmental departments,
under supervision of the probation office. Rules or orders of court shall
define the terms and conditions of protective supervision, which may be
modified or terminated when the court finds that the best interests of the
minor and the public will be served thereby.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
Sec. 3-26. Order of protection.
(1) The court may make an order of
protection in assistance of or as a
condition of any other order authorized by this Act. The order of
protection may set forth reasonable conditions of behavior to be observed
for a specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated | ||
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(c) To abstain from offensive conduct against the | ||
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(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to | ||
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(f) To prohibit and prevent any contact whatsoever | ||
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(g) To refrain from acts of commission or omission | ||
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the
order of protection to the Illinois State Police within 24
hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act. Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held. When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued,
the sheriff, other law enforcement official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) |
(705 ILCS 405/3-27) (from Ch. 37, par. 803-27)
Sec. 3-27. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation thereof and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other
person affected by the order a certificate stating that an order of
protection has been made by the court concerning such persons and setting
forth its terms and requirements. The presentation of the certificate to
any peace officer authorizes the peace officer to take into custody a person charged with
violating the terms of the order of protection, to bring such person before
the court and, within the limits of the peace officer's legal authority as such peace
officer, otherwise to aid in securing the protection the order is intended
to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-28) (from Ch. 37, par. 803-28)
Sec. 3-28. 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 the minor from the custody of the minor's parents, guardian or custodian, the court may:
(a) place the minor in the custody of a suitable | ||
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(b) place the minor under the guardianship of a | ||
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(c) commit the minor to an agency for care or | ||
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(d) commit the minor to some licensed training school | ||
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(e) commit the minor to any appropriate institution | ||
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(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 the suitable relative or other person as 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 the guardian in
accordance with Section 3-30. An agency whose representative is appointed
guardian of the person or legal custodian of the minor may place the minor 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 the Children and Family Services Act. 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 the legal custodian's or guardian's 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. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-29) (from Ch. 37, par. 803-29)
Sec. 3-29. Court review. (1)
The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite the legal custodian or guardian
into court and require the legal custodian, guardian, or the legal custodian's or guardian's agency to make a full and
accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor. The
custodian or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally under oath
in open court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and appoint
another in the custodian's or guardian's stead or restore the minor to the custody of the minor's parents
or former guardian or custodian.
(2) A guardian or custodian appointed by the court pursuant to this
Act shall file updated case plans with the court
every 6 months. Every agency which has
guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by
the court and further order within 18 months of dispositional order and
each 18 months thereafter. Such petition shall state facts relative to
the child's present condition of physical, mental and emotional health
as well as facts relative to the child's present custodial or foster care. The
petition shall be set for hearing and the clerk shall mail 10 days
notice of the hearing by certified mail, return receipt requested, to the
person or agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is filed with
the petition.
Rights of wards of the court under this Act are enforceable against
any public agency by complaints for relief by mandamus filed in any
proceedings brought under this Act.
(3) The minor or any person interested in the minor may apply to the
court for a change in custody of the minor and the appointment of a new
custodian or guardian of the person or for the restoration of the minor
to the custody of the minor's parents or former guardian or custodian.
In the event that the minor has attained 18 years of age and the guardian
or custodian petitions the court for an order terminating the minor's guardianship
or custody, guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders otherwise. No
legal custodian or guardian of the person may be removed without the legal custodian's or guardian's
consent until given notice and an opportunity to be heard by the court.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-30) (from Ch. 37, par. 803-30)
Sec. 3-30. Adoption; appointment of guardian with power to consent. (1) A ward of the court under this Act, with the consent of the court,
may be the subject of a petition for adoption under the Adoption Act, or with like consent the minor's parent or parents
may, in the manner required by such Act, surrender the minor for adoption
to an agency legally authorized or licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the best
interests of the minor that a guardian of the person be appointed and
authorized to consent to the adoption of the minor, the court with the
consent of the parents, if living, or after finding, based upon clear
and convincing evidence, that a non-consenting
parent is an unfit person as defined in Section 1 of the Adoption Act, may empower the guardian of the
person of the minor, in the order appointing the person as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption terminates parental rights, deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for the minor, and frees the minor from all
obligations of maintenance and obedience to the minor's natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the person
to consent to adoption of the Minor shall be given in open court whenever
possible and otherwise must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with that
Act and be based upon clear and convincing
evidence. Provisions of that Act relating to minor parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
shall be based upon clear and convincing evidence.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-31) (from Ch. 37, par. 803-31)
Sec. 3-31.
Notice to putative father; service.
1. Upon the written request to any Clerk of any Circuit Court
by any interested party, including persons intending to adopt a child, a
child welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to the | ||
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(b) The Clerk forthwith shall mail to the putative | ||
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(c) The return receipt, when returned to the Clerk, | ||
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(d) The Clerk shall note the fact of service in a | ||
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2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or
Judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
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(705 ILCS 405/3-32) (from Ch. 37, par. 803-32)
Sec. 3-32. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect to any minor for whom a
petition was filed after the effective date of this amendatory Act of 1991
automatically terminate upon the minor attaining the age of 19 years, except that
a court may continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court that the best
interest of the minor and the public require the continuation of the wardship.
(2) Whenever the court finds that the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but termination must be made in compliance with Section 3-29.
(3) The wardship of the minor and any custodianship or guardianship
respecting the minor for whom a petition was filed after the effective
date of this amendatory Act of 1991 automatically terminates when the minor
attains the age of 19 years except as set forth in subsection (1) of this
Section. The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/3-33)
Sec. 3-33. (Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 94-1011, eff. 7-7-06.)
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(705 ILCS 405/3-33.5) Sec. 3-33.5. Truant minors in need of supervision. (a) Definition. A minor who is reported by the office of the regional superintendent of schools as a chronic truant may be subject to a petition for adjudication and adjudged a truant minor in need of supervision, provided that prior to the filing of the petition, the office of the regional superintendent of schools or a community truancy review board certifies that the local school has provided appropriate truancy intervention services to the truant minor and the minor's family. For purposes of this Section, "truancy intervention services" means services designed to assist the minor's return to an educational program, and includes, but is not limited to: assessments, counseling, mental health services, shelter, optional and alternative education programs, tutoring, and educational advocacy. If, after review by the regional office of education or community truancy review board, it is determined the local school did not provide the appropriate interventions, then the minor shall be referred to a comprehensive community based youth service agency for truancy intervention services. If the comprehensive community based youth service agency is incapable to provide intervention services, then this requirement for services is not applicable. The comprehensive community based youth service agency shall submit reports to the office of the regional superintendent of schools or truancy review board within 20, 40, and 80 school days of the initial referral or at any other time requested by the office of the regional superintendent of schools or truancy review board, which reports each shall certify the date of the minor's referral and the extent of the minor's progress and participation in truancy intervention services provided by the comprehensive community based youth service agency. In addition, if, after referral by the office of the regional superintendent of schools or community truancy review board, the minor declines or refuses to fully participate in truancy intervention services provided by the comprehensive community based youth service agency, then the agency shall immediately certify such facts to the office of the regional superintendent of schools or community truancy review board. (a-1) There is a rebuttable presumption that a chronic truant is a truant minor in need of supervision. (a-2) There is a rebuttable presumption that school records of a minor's attendance at school are authentic. (a-3) For purposes of this Section, "chronic truant" has the meaning ascribed to it in Section 26-2a of the School Code. (a-4) For purposes of this Section, a "community truancy review board" is a local community based board comprised of, but not limited to: representatives from local comprehensive community based youth service agencies, representatives from court service agencies, representatives from local schools, representatives from health service agencies, and representatives from local professional and community organizations as deemed appropriate by the office of the regional superintendent of schools. The regional superintendent of schools must approve the establishment and organization of a community truancy review board, and the regional superintendent of schools or the regional superintendent's designee shall chair the board. (a-5) Nothing in this Section shall be construed to create a private cause of action or right of recovery against a regional office of education, its superintendent, or its staff with respect to truancy intervention services where the determination to provide the services is made in good faith. (b) Kinds of dispositional orders. A minor found to be a truant minor in need of supervision may be: (1) committed to the appropriate regional | ||
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(2) required to comply with a service plan as | ||
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(3) ordered to obtain counseling or other supportive | ||
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(4) (blank); (5) required to perform some reasonable public | ||
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(6) (blank). A dispositional order may include public service only if the court has made an express written finding that a truancy prevention program has been offered by the school, regional superintendent of schools, or a comprehensive community based youth service agency to the truant minor in need of supervision. (c) Orders entered under this Section may be enforced by contempt proceedings. Fines or assessments, such as fees or administrative costs, shall not be ordered or imposed in contempt proceedings under this Section. (Source: P.A. 102-456, eff. 1-1-22; 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/3-40) Sec. 3-40. Minors involved in electronic dissemination of indecent visual depictions in need of supervision. (a) For the purposes of this Section: "Computer" has the meaning ascribed to it in Section 17-0.5 of the Criminal Code of 2012. "Electronic communication device" means an electronic device, including but not limited to a wireless telephone, personal digital assistant, or a portable or mobile computer, that is capable of transmitting images or pictures. "Indecent visual depiction" means a depiction or portrayal in any pose, posture, or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the person. "Minor" means a person under 18 years of age. (b) A minor shall not distribute or disseminate an indecent visual depiction of another minor through the use of a computer or electronic communication device. (c) Adjudication. A minor who violates subsection (b) of this Section may be subject to a petition for adjudication and adjudged a minor in need of supervision. (d) Kinds of dispositional orders. A minor found to be in need of supervision under this Section may be: (1) ordered to obtain counseling or other supportive | ||
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(2) ordered to perform community service. (e) Nothing in this Section shall be construed to prohibit a prosecution for disorderly conduct, public indecency, child pornography, a violation of Article 26.5 (Harassing and Obscene Communications) of the Criminal Code of 2012, or any other applicable provision of law.
(Source: P.A. 99-78, eff. 7-20-15.) |
(705 ILCS 405/Art. IV heading) ARTICLE IV.
ADDICTED MINORS
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(705 ILCS 405/4-1) (from Ch. 37, par. 804-1)
Sec. 4-1. Jurisdictional facts. Proceedings may be instituted under
the provisions of this Article concerning children who are addicted
as defined in Section 4-3.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-2) (from Ch. 37, par. 804-2)
Sec. 4-2.
Venue.
(1) Venue under this Article lies in the county
where the minor resides or is found.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at
any time before or after adjudication of wardship transfer the case to the
county of the minor's residence by transmitting to the court in that county
an authenticated copy of the court record, including all documents,
petitions and orders filed therein, and the minute orders and docket
entries of the court. Transfer in like manner may be made in the event of
a change of residence from one county to another of a minor concerning whom
proceedings are pending.
(Source: P.A. 85-601.)
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(705 ILCS 405/4-3) (from Ch. 37, par. 804-3)
Sec. 4-3. Addicted minor. Those who are addicted include any minor
who has a substance use disorder as defined in the Substance Use Disorder Act.
(Source: P.A. 100-759, eff. 1-1-19.)
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(705 ILCS 405/4-4) (from Ch. 37, par. 804-4)
Sec. 4-4. Taking into custody.
(1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be an addicted minor; (b) who has been adjudged a ward of the court
and has escaped from any commitment ordered by the court under this Act; or (c)
who is found in any street or public place suffering from any sickness or
injury which requires care, medical treatment or hospitalization.
(2) Whenever a petition has been filed under Section 4-12 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of the minor or others or that the
circumstances of the minor's home environment may endanger the minor's health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record.
(4) Minors taken into temporary custody under this Section are subject
to the provisions of Section 1-4.1.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-5) (from Ch. 37, par. 804-5)
Sec. 4-5. Duty of officer; admissions by minor. (1) A law
enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's
care or the person with whom the minor resides that the minor has been
taken into custody and where the minor is being held; and the officer shall
without unnecessary delay take the minor to the nearest juvenile police
officer designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city or village
where the offense is alleged to have been committed.
The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of
minors, provided that the court may not designate a place of detention.
(2) A law enforcement officer who takes a minor into custody without
a warrant under Section 4-4 shall, if the minor is not released,
immediately make a reasonable attempt to notify the parent or other person
legally responsible for the minor's care or the person with whom the minor
resides that the minor has been taken into custody and where the minor is
being held; and the law enforcement officer shall without unnecessary delay
take the minor to the nearest juvenile police officer designated for such
purposes in the county of venue.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to a | ||
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(c) station adjustment, release of the minor to a | ||
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(d) station adjustment, release of the minor to a | ||
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(e) station adjustment and release of the minor to a | ||
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(f) station adjustment, release of the minor to a | ||
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(g) station adjustment, release of the minor to a | ||
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(h) release of the minor to the minor's parents and | ||
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(i) if the juvenile police officer reasonably | ||
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(j) any other appropriate action with consent of the | ||
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-6) (from Ch. 37, par. 804-6)
Sec. 4-6. Temporary custody. "Temporary custody" means the temporary
placement of the minor out of the custody of the minor's guardian or parent.
(a) "Temporary protective custody" means custody within a hospital or
other medical facility or a place previously designated for such custody by
the Department, subject to review by the Court, including a licensed foster
home, group home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile offenders.
(b) "Shelter care" means a physically unrestrictive facility designated by
Department of Children and Family Services or a licensed child welfare
agency or other suitable place designated by the court for a minor who
requires care away from the minor's home.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-7) (from Ch. 37, par. 804-7)
Sec. 4-7. Investigation; release. When a minor is delivered to the
court, or to the place designated by the court under Section 4-6 of this Act,
a probation officer or such other public officer designated by the court
shall immediately investigate the circumstances of the minor and the
facts surrounding the minor being taken into custody. The minor shall be
immediately released to the custody of the minor's parent, guardian, legal
custodian or responsible relative, unless the probation officer or such
other public officer designated by the court finds that further
temporary custody is necessary, as provided in Section 4-6.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-8) (from Ch. 37, par. 804-8) Sec. 4-8. Setting of shelter care hearing. (1) Unless sooner released, a minor alleged to be addicted taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays, and holidays, for a shelter care hearing to determine whether the minor shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court shall cause a petition to be filed as provided in Section 4-12 of this Act, and the clerk of the court shall set the matter for hearing on the shelter care hearing calendar. When a parent, guardian, custodian, or responsible relative is present and so requests, the shelter care hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The probation officer or such other public officer designated by the court shall notify the minor's parent, guardian, custodian, or responsible relative of the time and place of the hearing. The notice may be given orally. (3) The minor must be released from custody at the expiration of the 48-hour period, as the case may be, specified by this Section, if not brought before a judicial officer within that period.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9) Sec. 4-9. 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, the minor's parent, guardian, or 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 the minor's parent, guardian, or legal custodian to 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 the minor's 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 the minor 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 the minor's home, the court may prescribe shelter care and order that the minor be kept in a suitable place designated by the court, 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 Services for 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 the minor's 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 the minor's 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, the parent, guardian, legal custodian, responsible relative, or counsel of the minor may file an 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 grounds: (a) It is no longer a matter of immediate and urgent | ||
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(b) There is a material change in the circumstances | ||
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(c) A person, including a parent, relative, or legal | ||
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(d) Services provided by the Department of Children | ||
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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 the minor's 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. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-10) (from Ch. 37, par. 804-10)
Sec. 4-10.
Medical and dental treatment and care.
At all times during
temporary custody or shelter care, the court may authorize a physician, a
hospital or any other appropriate health care provider to provide medical,
dental or surgical procedures if such procedures are necessary to safeguard
the minor's life or health.
(Source: P.A. 85-1209.)
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(705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
Sec. 4-11. Preliminary conferences.
(1) The court may authorize the
probation officer to confer in a
preliminary conference with any person seeking to file a petition under
this Article, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition as provided for herein.
The probation officer should schedule a
conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that the minor will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 4-8.
(3) This Section does not authorize any
probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to the minor's conviction
thereunder.
(5) The probation officer shall promptly
formulate a written
non-judicial adjustment plan following the initial conference.
(6) Non-judicial adjustment plans include but are not limited to the
following:
(a) up to 6 months informal supervision within the | ||
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(b) up to 12 months informal supervision with a | ||
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(c) up to 6 months informal supervision with release | ||
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(d) referral to special educational, counseling or | ||
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(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the | ||
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(7) The factors to be considered by the
probation officer in formulating
a written non-judicial adjustment plan shall be the same as those limited
in subsection (4) of Section 5-405.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-12) (from Ch. 37, par. 804-12)
Sec. 4-12. Petition; supplemental petitions. (1) Any adult person, any
agency or association by its representative may file, or the court on its
own motion may direct the filing through the State's Attorney of a petition
in respect to a minor under this Act. The petition and all subsequent court
documents shall be entitled "In the interest of ...., a minor".
(2) The petition shall be verified but the statements may be made
upon information and belief. It shall allege that the minor is
addicted,
as
the case may be, and set forth (a) facts sufficient to bring the minor
under Section 4-1; (b) the name, age and residence of the minor; (c) the
names and residences of the minor's parents; (d) the name and residence of the minor's
legal guardian or the person or persons having custody or control of the
minor, or of the nearest known relative if no parent or guardian can be
found; and (e) if the minor upon whose behalf the petition is brought is
sheltered in custody, the date on which shelter care was ordered by the
court or the date set for a shelter care hearing. If any of the facts
herein required are not known by the petitioner, the petition shall so
state.
(3) The petition must allege that it is in the best interests of the
minor and of the public that the minor be adjudged a ward of the court and may
pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship.
(4) If appointment of a guardian of the person with power to consent
to adoption of the minor under Section 4-27 is sought, the petition shall
so state.
(5) At any time before dismissal of the petition or before final
closing and discharge under Section 4-29, one or more supplemental
petitions may be filed in respect to the same minor.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-13) (from Ch. 37, par. 804-13)
Sec. 4-13. Date for adjudicatory hearing. (a) (Blank).
(b)(1)(A) When a petition has been filed
alleging that the minor is an addict under this Article,
an adjudicatory hearing shall be held within 120
days of a demand made by any party, except that when the court determines
that the State, without success, has exercised due diligence to obtain
evidence material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later date, the court may,
upon motion by the State, continue the adjudicatory hearing for not more
than 30 additional days.
The 120 day period in which an adjudicatory hearing shall be held is
tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed
pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for trial; or (iii) an
interlocutory appeal. Any such delay shall temporarily suspend for the
time of the delay the period within which the adjudicatory hearing must
be held. On the day of expiration of the delay, the said period shall
continue at the point at which it was suspended.
(B) When no such adjudicatory hearing is held within the time required
by paragraph (b)(1)(A) of this Section, the court shall,
upon motion by any party, dismiss the petition with prejudice.
(2) Without affecting the applicability of the tolling and multiple
prosecution provisions of paragraph (b) (1) of this Section, when a petition
has been filed alleging that the minor is an addict under this Article and
the minor is in shelter care, the
adjudicatory hearing shall be held within 10 judicial days after the date
of the order directing shelter care, or the earliest possible
date in compliance with the notice provisions of Sections 4-14 and 4-15 as
to the custodial parent, guardian or legal custodian, but no later than 30
judicial days from the date of the order of the court directing
shelter care.
(3) Any failure to comply with the time limits of paragraph (b)(2)
of this Section shall require the immediate release of the minor from shelter
care, and the time limits of paragraph (b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the minor's parents or
guardian from exercising their respective rights to waive the time limits
set forth in this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-14) (from Ch. 37, par. 804-14) Sec. 4-14. Summons. (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 the minor in any proceeding under this Act. (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. (3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the 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. (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. (5) Service of a summons and petition shall be made by: (a) leaving a copy thereof with the person summoned | ||
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(b) leaving a copy at the summoned person's usual | ||
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(c) leaving a copy thereof with the guardian or | ||
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If the guardian or custodian is an agency of the State of Illinois, proper service may be made by 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 the officer or person has sent the copy pursuant to this Section is sufficient proof of service. (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. (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. A copy of the summons and petition shall be provided to the person at the time of the person's appearance. (8) Fines or assessments, such as fees or administrative costs, in the service of process shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-15) (from Ch. 37, par. 804-15)
Sec. 4-15. Notice by certified mail or publication.
(1) If service on individuals as provided in Section 4-14 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 4-14 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 4-6
of this Act and summons has not been served personally or by certified mail
within 20 days from the date of the order of 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 the .... day of .... 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 each respondent's last known address. 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.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 4-14 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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(705 ILCS 405/4-16) (from Ch. 37, par. 804-16) Sec. 4-16. Guardian ad litem. (1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this Act, the court may appoint a guardian ad litem for the minor if: (a) such petition alleges that the minor is the | ||
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(b) such petition alleges that charges alleging the | ||
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Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law, the guardian ad litem shall be represented in the performance of the guardian ad litem's duties by counsel. (2) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if: (a) no parent, guardian, custodian, or relative of | ||
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(b) the petition prays for the appointment of a | ||
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(c) the petition for which the minor is before the | ||
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(3) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's parents or other custodian or that it is otherwise in the minor's interest to do so. (4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel. (5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and paid from the general fund of the county.(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-17) (from Ch. 37, par. 804-17)
Sec. 4-17.
Evidence.
At the adjudicatory hearing, the court shall first
consider only the question whether the minor is a person described in
Section 4-3. The standard of proof and the rules of evidence in the nature
of civil proceedings in this State are applicable to proceedings under this
Article.
(Source: P.A. 85-601.)
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(705 ILCS 405/4-18) (from Ch. 37, par. 804-18) Sec. 4-18. Continuance under supervision. (1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of the proceeding a finding of whether or not the minor is an addict, and (b) in the absence of objection made in open court by the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or the State's Attorney. (2) If the minor, the minor's parent, guardian, custodian, responsible relative, or defense attorney, or the State's Attorney objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed. (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing is continued pursuant to this Section, the court may permit the minor to remain in the minor's home subject to such conditions concerning the minor's conduct and supervision as the court may require by order. (5) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period of such delay. (6) (Blank).(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-19) (from Ch. 37, par. 804-19)
Sec. 4-19.
Findings and adjudication.
(1) After hearing the evidence the
court shall make and note in the minutes of the proceeding a finding of
whether or not the minor is an addict. If it finds that the minor is not an
addict, the court shall order the petition dismissed and the minor
discharged from any restriction previously ordered in such proceeding.
(2) If the court finds that the minor is an addict, the court shall set
a time for a dispositional hearing to be conducted under Section 4-20 at
which hearing the court shall determine whether it is in the best interests
of the minor and the public that he be made a ward of the court. To assist
the court in making this and other determinations at the dispositional
hearing, the court may order that an investigation be conducted and a
dispositional report be prepared concerning the minor's physical and mental
history and condition, family situation and background, economic status,
education, occupation, history of delinquency or criminality, personal
habits, and any other information that may be helpful to the court.
(Source: P.A. 85-601.)
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(705 ILCS 405/4-20) (from Ch. 37, par. 804-20)
Sec. 4-20. Dispositional hearing; evidence; continuance. (1) At the
dispositional hearing, the court shall determine whether it is in the best
interests of the minor and the public that the minor be made a ward of the court,
and, if the minor is to be made a ward of the court, the court shall determine the
proper disposition best serving the interests of the minor and the public.
All evidence helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to the extent of
its probative value, even though not competent for the purposes of the
adjudicatory hearing.
(2) Notice in compliance with Sections 4-14 and 4-15 must be given to all
parties-respondents prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
4-18, whether successfully completed or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent,
guardian, custodian, responsible relative or counsel, the court
may adjourn the hearing for a reasonable period to receive reports or other
evidence. In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from the minor's
home before an order of disposition has been made.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-21) (from Ch. 37, par. 804-21) Sec. 4-21. Kinds of dispositional orders. (1) A minor found to be addicted under Section 4-3 may be (a) committed to the Department of Children and Family Services, subject to Section 5 of the Children and Family Services Act; (b) placed under supervision and released to the minor's parents, guardian, or legal custodian; (c) placed in accordance with Section 4-25 with or without also being placed under supervision. Conditions of supervision may be modified or terminated by the court if it deems that the best interests of the minor and the public will be served thereby; (d) required to attend an approved alcohol or drug abuse treatment or counseling program on an inpatient or outpatient basis instead of or in addition to the disposition otherwise provided for in this paragraph; (e) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act; or (f) subject to having the minor's driver's license or driving privilege suspended for such time as determined by the Court but only until the minor attains 18 years of age. No disposition under this subsection shall provide for the minor's placement in a secure facility. (2) Any order of disposition may provide for protective supervision under Section 4-22 and may include an order of protection under Section 4-23. (3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 4-29. (4) In addition to any other order of disposition, the court may order any minor found to be addicted under this Article as neglected with respect to the minor's injurious behavior, to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section. The parent, guardian, or legal custodian of the minor may pay some or all of such restitution on the minor's behalf. (5) Any order for disposition where the minor is placed in accordance with Section 4-25 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. Such payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. (7) (Blank).(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/4-22) (from Ch. 37, par. 804-22)
Sec. 4-22. Protective supervision. If the order of disposition releases the minor to the custody of the minor's
parents, guardian or legal custodian, or continues the minor in such custody, the
court may place the person having custody of the minor, except for
representatives of private or public agencies or governmental departments,
under supervision of the probation office. Rules or orders of the court shall
define the terms and conditions of protective supervision, which may be
modified or terminated when the court finds that the best interests of the
minor and the public will be served thereby.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of
protection in assistance of or as a
condition of any other order authorized by this Act. The order of
protection may set forth reasonable conditions of behavior to be observed
for a specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated | ||
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(c) To abstain from offensive conduct against the | ||
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(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to | ||
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(f) To prohibit and prevent any contact whatsoever | ||
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(g) To refrain from acts of commission or omission | ||
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the
order of protection to the Illinois State Police within 24
hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act. Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held. When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued,
the sheriff, other law enforcement official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) |
(705 ILCS 405/4-24) (from Ch. 37, par. 804-24)
Sec. 4-24. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation thereof and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other
person affected by the order a certificate stating that an order of
protection has been made by the court concerning such persons and setting
forth its terms and requirements. The presentation of the certificate to
any peace officer authorizes the peace officer to take into custody a person charged with
violating the terms of the order of protection, to bring such person before
the court and, within the limits of the peace officer's legal authority, otherwise to aid in securing the protection the order is intended
to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-25) (from Ch. 37, par. 804-25)
Sec. 4-25. 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 the minor from the custody of the minor's parents, guardian or custodian, the court may:
(a) place the minor in the custody of a suitable | ||
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(b) place the minor under the guardianship of a | ||
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(c) commit the minor to an agency for care or | ||
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(d) commit the minor to some licensed training school | ||
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(e) commit the minor to any appropriate institution | ||
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(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 the suitable relative or other person 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 subsection (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 the guardian in accordance with
Section 4-27. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor 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. After June 30,
1981, no agency may place a minor, if the minor is under age 13, in a child
care facility unless such placement is in compliance with the rules and
regulations for placement under Section 4-25 of this Act promulgated by the
Department of Children and Family Services under Section 5 of the
Children and Family Services Act. 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 the legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of the legal custodian's or guardian's authority. No other process is necessary as authority for the
keeping of the minor.
(6) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age of 19
years except as set forth in Section 4-29.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-26) (from Ch. 37, par. 804-26)
Sec. 4-26. Court review. (1)
The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite the legal custodian or guardian
into court and require the legal custodian or guardian or the legal custodian's or guardian's agency, to make a full and
accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor. The
custodian or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally under oath
in open court, or otherwise as the court directs. Upon the hearing of
the report the court may remove the custodian or guardian and appoint
another in the legal custodian's or guardian's stead or restore the minor to the custody of the minor's parents
or former guardian or custodian.
(2) A guardian or custodian appointed by the court pursuant to this
Act shall file updated case plans with the court
every 6 months. Every agency which has
guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by
the court and further order within 18 months of dispositional order and
each 18 months thereafter. Such petition shall state facts relative to
the child's present condition of physical, mental and emotional health
as well as facts relative to the child's present custodial or foster care. The
petition shall be set for hearing and the clerk shall mail 10 days
notice of the hearing by certified mail, return receipt requested, to the
person or agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is filed with
the petition.
Rights of wards of the court under this Act are enforceable against
any public agency by complaints for relief by mandamus filed in any
proceedings brought under this Act.
(3) The minor or any person interested in the minor may apply to the
court for a change in custody of the minor and the appointment of a new
custodian or guardian of the person or for the restoration of the minor
to the custody of the minor's parents or former guardian or custodian.
In the event that the minor has attained 18 years of age and the guardian
or custodian petitions the court for an order
terminating the minor's guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise. No legal custodian or guardian of the
person may be removed without the legal custodian's or guardian's consent until given notice and an
opportunity to be heard by the court.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-27) (from Ch. 37, par. 804-27)
Sec. 4-27. Adoption; appointment of guardian with power to consent. (1) A ward of the court under this Act, with the consent of the court,
may be the subject of a petition for adoption under the Adoption Act, or with like consent the minor's parent or parents
may, in the manner required by such Act, surrender the minor for adoption
to an agency legally authorized or licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the best
interests of the minor that a guardian of the person be appointed and
authorized to consent to the adoption of the minor, the court with the
consent of the parents, if living, or after finding, based upon clear
and convincing evidence, that a non-consenting
parent is an unfit person as defined in Section 1 of the Adoption Act, may empower the guardian of the
person of the minor, in the order appointing the person as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption terminates parental rights, deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for the minor, and frees the minor from all
obligations of maintenance and obedience to the minor's natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the person
to consent to adoption of the minor shall be given in open court whenever
possible and otherwise must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with that
Act and be based upon clear and convincing evidence. Provisions of that
Act relating to minor parents and to mentally ill or mentally deficient
parents apply to proceedings under this Section and shall be based upon
clear and convincing evidence.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
Sec. 4-28.
Notice to putative father.
1. Upon the written request to any Clerk of any Circuit Court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to the | ||
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(b) The Clerk forthwith shall mail to the putative | ||
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(c) The return receipt, when returned to the Clerk, | ||
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(d) The Clerk shall note the fact of service in a | ||
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2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or
Judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
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(705 ILCS 405/4-29) (from Ch. 37, par. 804-29)
Sec. 4-29. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect to any minor for whom a
petition was filed after the effective date of this amendatory Act of 1991
automatically terminate upon the minor attaining the age of 19 years, except that
a court may continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court that the best
interest of the minor and the public require the continuation of the wardship.
(2) Whenever the court finds that the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but such termination must be made in compliance with Section 4-26.
(3) The wardship of the minor and any custodianship or guardianship
respecting of the minor for whom a petition was filed after the effective
date of this amendatory Act of 1991 automatically terminates when the minor
attains the age of 19 years except as set forth in subsection (1) of this
Section. The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/Art. V heading) ARTICLE V.
DELINQUENT MINORS
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(705 ILCS 405/5-1) (from Ch. 37, par. 805-1)
Sec. 5-1.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-2) (from Ch. 37, par. 805-2)
Sec. 5-2.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-3) (from Ch. 37, par. 805-3)
Sec. 5-3.
(Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-4) (from Ch. 37, par. 805-4)
Sec. 5-4.
(Repealed).
(Source: P.A. 89-498, eff. 6-27-96. Repealed by P.A. 90-590, eff.
1-1-99.)
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(705 ILCS 405/5-5) (from Ch. 37, par. 805-5)
Sec. 5-5.
(Repealed).
(Source: P.A. 87-1154. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
Sec. 5-6.
(Repealed).
(Source: P.A. 90-402, eff. 1-1-98. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-7) (from Ch. 37, par. 805-7)
Sec. 5-7.
(Repealed).
(Source: P.A. 89-656, eff. 1-1-97. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-8) (from Ch. 37, par. 805-8)
Sec. 5-8.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-9) (from Ch. 37, par. 805-9)
Sec. 5-9.
(Repealed).
(Source: P.A. 85-1443. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-10) (from Ch. 37, par. 805-10)
Sec. 5-10.
(Repealed).
(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-10.5)
Sec. 5-10.5.
(Repealed).
(Source: P.A. 89-8, eff. 7-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-11) (from Ch. 37, par. 805-11)
Sec. 5-11.
(Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-12) (from Ch. 37, par. 805-12)
Sec. 5-12.
(Repealed).
(Source: P.A. 89-198, eff. 7-21-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-13) (from Ch. 37, par. 805-13)
Sec. 5-13.
(Repealed).
(Source: P.A. 85-1209. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-14) (from Ch. 37, par. 805-14)
Sec. 5-14.
(Repealed).
(Source: P.A. 88-680, eff. 1-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-15) (from Ch. 37, par. 805-15)
Sec. 5-15.
(Repealed).
(Source: P.A. 86-441. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-16) (from Ch. 37, par. 805-16)
Sec. 5-16.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-17) (from Ch. 37, par. 805-17)
Sec. 5-17.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-18) (from Ch. 37, par. 805-18)
Sec. 5-18.
(Repealed).
(Source: P.A. 86-1475. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-19) (from Ch. 37, par. 805-19)
Sec. 5-19.
(Repealed).
(Source: P.A. 89-235, eff. 8-4-95.
Repealed
by P.A. 90-590, eff. 1-1-99)
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(705 ILCS 405/5-20) (from Ch. 37, par. 805-20)
Sec. 5-20.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-21) (from Ch. 37, par. 805-21)
Sec. 5-21.
(Repealed).
(Source: P.A. 89-626, eff. 8-9-96. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-22) (from Ch. 37, par. 805-22)
Sec. 5-22.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
Sec. 5-23.
(Repealed).
(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-24) (from Ch. 37, par. 805-24)
Sec. 5-24.
(Repealed).
(Source: P.A. 89-198, eff. 7-21-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-25) (from Ch. 37, par. 805-25)
Sec. 5-25.
(Repealed).
(Source: P.A. 89-198, eff. 7-21-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-26) (from Ch. 37, par. 805-26)
Sec. 5-26.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-27) (from Ch. 37, par. 805-27)
Sec. 5-27.
(Repealed).
(Source: P.A. 89-462, eff. 5-29-96. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-28) (from Ch. 37, par. 805-28)
Sec. 5-28.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-29) (from Ch. 37, par. 805-29)
Sec. 5-29.
(Repealed).
(Source: P.A. 89-422. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-30) (from Ch. 37, par. 805-30)
Sec. 5-30.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-31) (from Ch. 37, par. 805-31)
Sec. 5-31.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-32) (from Ch. 37, par. 805-32)
Sec. 5-32.
(Repealed).
(Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-33) (from Ch. 37, par. 805-33)
Sec. 5-33.
(Repealed).
(Source: P.A. 88-680, eff. 1-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-34) (from Ch. 37, par. 805-34)
Sec. 5-34.
(Repealed).
(Source: P.A. 89-8, eff. 7-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/Art. V Pt. 1 heading) PART 1.
GENERAL PROVISIONS
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(705 ILCS 405/5-101)
Sec. 5-101. Purpose and policy.
(1) It is the intent of the General Assembly to promote a juvenile justice
system
capable of dealing with the problem of juvenile delinquency, a system that will
protect the community, impose accountability for violations of law and equip
juvenile offenders with competencies to live responsibly and productively. To
effectuate this intent, the General Assembly declares the following to be
important
purposes of this Article:
(a) To protect citizens from juvenile crime.
(b) To hold each juvenile offender directly | ||
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(c) To provide an individualized assessment of each | ||
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(d) To provide due process, as required by the | ||
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(2) To accomplish these goals, juvenile justice policies developed pursuant
to this Article shall be designed to:
(a) Promote the development and implementation of | ||
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(b) Provide secure confinement for minors who present | ||
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(c) Protect the community from crimes committed by | ||
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(d) Provide programs and services that are | ||
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(e) Allow minors to reside within their homes | ||
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(f) Base probation treatment planning upon individual | ||
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(g) Include the minor's family in the case management | ||
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(h) Provide supervision and service coordination | ||
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(i) Provide post-release services to minors who are | ||
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(j) Hold minors accountable for their unlawful | ||
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(3) In all procedures under this Article, minors shall have all the
procedural rights of adults in criminal proceedings, unless specifically
precluded by laws that enhance the protection of such minors. Minors shall not
have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-105) Sec. 5-105. Definitions. As used in this Article: (1) "Aftercare release" means the conditional and | ||
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(1.5) "Court" means the circuit court in a session or | ||
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(2) "Community service" means uncompensated labor for | ||
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(2.5) "Community service agency" means a | ||
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(3) "Delinquent minor" means any minor who prior to | ||
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(4) "Department" means the Department of Human | ||
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(5) "Detention" means the temporary care of a minor | ||
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(6) "Diversion" means the referral of a juvenile, | ||
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(7) "Juvenile detention home" means a public facility | ||
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(8) "Juvenile justice continuum" means a set of | ||
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(9) "Juvenile police officer" means a sworn police | ||
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(10) "Minor" means a person under the age of 21 years | ||
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(11) "Non-secure custody" means confinement where the | ||
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(12) "Public or community service" means | ||
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(13) "Sentencing hearing" means a hearing to | ||
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(14) "Shelter" means the temporary care of a minor in | ||
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(15) "Site" means a not-for-profit organization, | ||
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(16) "Station adjustment" means the informal or | ||
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(17) "Trial" means a hearing to determine whether the | ||
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The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-27, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-110)
Sec. 5-110. Parental responsibility. This Article recognizes the
critical role families play in the rehabilitation of
delinquent juveniles. Parents, guardians and legal custodians shall participate
in the assessment and treatment of juveniles by assisting the juvenile to
recognize and accept responsibility for the juvenile's delinquent behavior. The
court may order the parents, guardian or legal custodian to take certain
actions or to refrain from certain actions to serve public safety, to develop
competency of the minor, and to promote accountability by the minor for the minor's actions.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-115)
Sec. 5-115.
Rights of victims.
In all proceedings under this Article, victims shall have the same rights of
victims in criminal proceedings as provided in the Bill of Rights for Children
and the Rights of Crime Victims and Witnesses
Act.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-120) Sec. 5-120. Exclusive jurisdiction. Proceedings may be instituted under the provisions of this Article concerning any minor who prior to the minor's 18th birthday has violated or attempted to violate an Illinois State, county, or municipal law or ordinance. Except as provided in Sections 5-125, 5-130, 5-805, and 5-810 of this Article, no minor who was under 18 years of age at the time of the alleged offense may be prosecuted under the criminal laws of this State. The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 103-22, eff. 8-8-23; 103-27, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-121)
Sec. 5-121. (Repealed).
(Source: P.A. 95-1031, eff. 2-10-09. Repealed by P.A. 96-1199, eff. 1-1-11.)
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(705 ILCS 405/5-125)
Sec. 5-125. Concurrent jurisdiction. Any minor alleged to have violated a traffic, boating, or fish and game law,
or a municipal or county ordinance, may be prosecuted for the violation and if
found
guilty punished under any statute or ordinance relating to the violation,
without reference to the procedures set out in this Article, except that: (1) any detention, must be in compliance with this | ||
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(2) the confidentiality of records provisions in Part | ||
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For the purpose of this Section, "traffic violation" shall include a
violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense
of
reckless homicide, Section 11-501 of the Illinois Vehicle Code, or any similar
county or municipal ordinance.
(Source: P.A. 99-697, eff. 7-29-16.)
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(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section 5-120 of this
Article shall not apply to any minor who at the time of an offense was at
least 16 years of age and who is charged with: (i) first degree murder, (ii) aggravated
criminal sexual assault, or (iii) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
These charges and all other charges arising out of the same incident shall
be prosecuted under the criminal laws of this State.
(b)(i) If before trial or plea an information or indictment is filed that
does not charge an offense specified in paragraph (a) of this subsection
(1) the State's Attorney may proceed on any lesser charge or charges, but
only in Juvenile Court under the provisions of this Article. The State's
Attorney may proceed on a lesser charge if
before trial the minor defendant knowingly and with advice of counsel waives,
in writing, the minor's right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment is filed that
includes one or more charges specified in paragraph (a) of this subsection
(1) and
additional charges that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the Criminal Code of
1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any offense
covered by paragraph (a) of this subsection (1), then, in sentencing the minor,
the court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor committed an
offense not covered by paragraph (a) of this subsection (1), that finding shall
not invalidate the verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and 5-710 of this
Article. To request a hearing, the State must file a written motion within 10
days following the entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or the minor's counsel.
If the motion is made by the State, the court shall conduct a hearing to
determine if the minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall consider among
other matters: (a) whether there is
evidence that the offense was committed in an aggressive and premeditated
manner; (b) the age of the minor; (c) the previous history of the
minor; (d) whether there are facilities particularly available to the Juvenile
Court or the Department of Juvenile Justice for the treatment
and rehabilitation of the minor; (e) whether
the security of the public requires sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor possessed a deadly
weapon when committing the offense. The rules of evidence shall be the same as
if at trial. If after the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections, then the court
shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(2) (Blank).
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).
(7) The procedures set out in this Article for the investigation, arrest and
prosecution of juvenile offenders shall not apply to minors who are excluded
from jurisdiction of the Juvenile Court, except that minors under 18 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution of any
minor for an offense committed on or after the minor's 18th birthday even though the minor
is at the time of the offense a ward of the court.
(9) If an original petition for adjudication of wardship alleges the
commission by a minor 13 years of age or
over of an act that constitutes a crime under the laws of this State,
the minor, with the consent of the minor's counsel, may, at any time before
commencement of the adjudicatory hearing, file with the court a motion
that criminal prosecution be ordered and that the petition be dismissed
insofar as the act or acts involved in the criminal proceedings are
concerned. If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(10) If, prior to August 12, 2005 (the effective date of Public Act 94-574), a minor is charged with a violation of Section 401 of the Illinois Controlled Substances Act under the criminal laws of this State, other than a minor charged with a Class X felony violation of the
Illinois Controlled
Substances Act or the Methamphetamine Control and Community Protection Act, any party including the minor or the court sua sponte
may, before trial,
move for a hearing for the purpose of trying and sentencing the minor as
a delinquent minor. To request a hearing, the party must file a motion
prior to trial. Reasonable notice of the motion shall be given to all
parties. On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing to
determine whether the minor should be tried and sentenced as a
delinquent minor under this Article. In making its determination, the
court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of | ||
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(c) Any previous abuse or neglect history of the | ||
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(d) Any mental health or educational history of the | ||
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(e) Whether there is probable cause to support the | ||
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Any material that is relevant and reliable shall be admissible at the
hearing. In
all cases, the judge shall enter an order permitting prosecution
under the criminal laws of Illinois unless the judge makes a finding
based on a preponderance of the evidence that the minor would be
amenable to the care, treatment, and training programs available
through the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) 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. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-135)
Sec. 5-135. Venue.
(1) If the offense is committed either wholly or partly within the State of Illinois, venue under this Article lies in the county where the minor resides,
where the alleged violation or attempted violation of State
law or county or municipal ordinance occurred or in the county where
the order of the court, alleged to have been violated by the minor, was made
unless subsequent to the order the proceedings have been transferred to another
county.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at any
time before or after adjudication of wardship transfer the case to the county
of the minor's residence by transmitting to the court in that county an
authenticated copy of the court record, including all documents, petitions and
orders filed in that court, a copy of all reports prepared by the agency
providing services to the minor, and the minute orders and docket entries of
the court. Transfer in like manner may be made in the event of a change of
residence from one county to another of a minor concerning whom proceedings
are pending.
(Source: P.A. 103-27, eff. 1-1-24.)
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(705 ILCS 405/5-140)
Sec. 5-140.
Legislative findings.
(a) The General Assembly finds that a substantial and disproportionate
amount of serious crime is committed by a relatively small number of
juvenile offenders, otherwise known as serious habitual offenders. By this
amendatory Act of 1998, the General Assembly intends to support the efforts
of the juvenile justice system comprised of law enforcement, state's
attorneys, probation departments, juvenile courts, social service
providers, and schools in the early identification and treatment of
habitual juvenile offenders. The General Assembly further supports
increased interagency efforts to gather comprehensive data and actively
disseminate the data to the agencies in the juvenile justice system to
produce more informed decisions by all entities in that system.
(b) The General Assembly finds that the establishment of a Serious
Habitual Offender Comprehensive Action Program throughout the State of
Illinois is necessary to effectively intensify the supervision of serious
habitual juvenile offenders in the community and to enhance current
rehabilitative efforts. A cooperative and coordinated multi-disciplinary
approach will increase the opportunity for success with juvenile offenders
and assist in the development of early intervention strategies.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-145)
Sec. 5-145. Cooperation of agencies; Serious Habitual Offender
Comprehensive Action Program.
(a) The Serious Habitual Offender Comprehensive Action Program (SHOCAP)
is a multi-disciplinary interagency case management and information sharing
system that enables the juvenile justice system, schools, and social
service agencies to make more informed decisions regarding a small number
of juveniles who repeatedly commit serious delinquent acts.
(b) Each county in the State of Illinois, other than Cook County, may
establish a
multi-disciplinary agency (SHOCAP) committee. In Cook County, each
subcircuit or group of subcircuits may establish a multi-disciplinary agency
(SHOCAP) committee. The committee shall consist
of representatives from the following agencies: local law enforcement, area
school district, state's attorney's office, and court services (probation).
The chairperson may appoint additional members to the committee as deemed
appropriate to accomplish the goals of this program, including, but not
limited to, representatives from the juvenile detention center, mental
health, the Illinois Department of Children and Family Services, Department of
Human Services and
community representatives at large.
(c) The SHOCAP committee shall adopt, by a majority of the members:
(1) criteria that will identify those who qualify as | ||
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(2) a written interagency information sharing | ||
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(d) The Chief Juvenile Circuit Judge, or the Chief Circuit Judge, or the designee of the Chief Juvenile Circuit Judge or Chief Circuit Judge, may issue a comprehensive information sharing court order.
The
court order shall allow agencies who are represented on the SHOCAP
committee and whose chief executive officer has signed the interagency
information sharing agreement to provide and disclose information to the SHOCAP
committee. The sharing of information will ensure the coordination and
cooperation of all agencies represented in providing case management and
enhancing the effectiveness of the SHOCAP efforts.
(e) Any person or agency who is participating in good faith in the
sharing of SHOCAP information under this Act shall have immunity from any
liability, civil, criminal, or otherwise, that might result by reason of the
type of information exchanged. For the purpose of any proceedings, civil
or criminal, the good faith of any person or agency permitted to share
SHOCAP information under this Act shall be presumed.
(f) All reports concerning SHOCAP clients made available to members of
the SHOCAP committee and all records generated from these reports shall be
confidential and shall not be disclosed, except as specifically authorized
by this Act or other applicable law. It is a Class A misdemeanor to
permit, assist, or encourage the unauthorized release of any information
contained in SHOCAP reports or records.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-150)
Sec. 5-150. Admissibility of evidence and adjudications in other
proceedings.
(1) Evidence and adjudications in proceedings under this Act shall be
admissible:
(a) in subsequent proceedings under this Act | ||
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(b) in criminal proceedings when the court is to | ||
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(c) in proceedings under this Act or in criminal | ||
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(d) in civil proceedings concerning causes of action | ||
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(2) No adjudication or disposition under this Act shall operate to
disqualify a minor from subsequently holding public office nor shall
operate as a forfeiture of any right, privilege or right to receive any
license granted by public authority.
(3) The court which adjudicated that a minor has committed any offense
relating to motor vehicles prescribed in Sections 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the Secretary of State of that adjudication
and the notice shall constitute sufficient grounds for revoking that minor's
driver's license or permit as provided in Section 6-205 of the Illinois Vehicle
Code; no minor shall be considered a criminal by reason thereof, nor shall any
such adjudication be considered a conviction.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-155)
Sec. 5-155.
Any weapon in possession of a minor found to be a
delinquent under Section 5-105 for an offense involving the use of a weapon
or for being in possession of a weapon during the commission of an offense
shall be confiscated and disposed of by the juvenile court whether the
weapon is the property of the minor or the minor's parent or guardian.
Disposition
of the weapon by the court shall be in accordance with Section 24-6 of the
Criminal Code of 2012.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-160)
Sec. 5-160. Liability for injury, loss, or tortious acts. Neither the
State or any unit of local government, probation department, or public or
community service program or site, nor any official, volunteer, or employee
of the State or a unit of local government, probation department, public or
community service program or site acting in the course of performing official
duties shall be liable for any injury or loss a person might receive while
performing public or
community service as ordered either (1) by the court or (2) by any duly
authorized station adjustment or probation adjustment, teen court, community
mediation, or other administrative diversion program authorized by this Act
for a violation of a penal statute of this State or a local
government ordinance (whether penal, civil, or quasi-criminal) or for a traffic
offense, nor shall they be liable for any tortious acts of any person
performing public or community service, except for willful, wanton misconduct or gross negligence on the part of the governmental
unit, probation department, or public or community service program or site or
on the part of the official, volunteer, or employee.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-165)
Sec. 5-165.
Minor as employee.
No minor assigned to a public or community
service program by either a court or an authorized diversion program is
considered
an employee for any purpose, nor is the county board obligated to provide
compensation to the minor.
(Source: P.A. 91-820, eff. 6-13-00.)
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(705 ILCS 405/5-170)
Sec. 5-170. Representation by counsel.
(a) In a proceeding
under this Article, a minor who was under 15 years of age at the time of the
commission of an act that if committed by an adult would be a violation of
Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout
the entire custodial interrogation of the minor. (b) In a judicial proceeding
under this Article, a minor may not waive the right to the assistance of counsel in the minor's defense.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/Art. V Pt. 2 heading) PART 2.
ADMINISTRATION OF JUVENILE JUSTICE
CONTINUUM FOR DELINQUENCY PREVENTION
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(705 ILCS 405/5-201)
Sec. 5-201.
Legislative declaration.
The General Assembly recognizes that, despite the large investment of resources
committed to address the needs of the juvenile justice system of this State,
cost of juvenile crime continues to drain the State's existing financial
capacity, and exacts traumatic and tragic physical, psychological and economic
damage to victims.
The General Assembly further
recognizes that many adults in the criminal justice system were once
delinquents in the juvenile justice system. The General Assembly also
recognizes that the most effective juvenile delinquency programs are programs
that not only prevent children from entering the juvenile justice system, but
also meet local community needs and have substantial community involvement and
support. Therefore, it is the belief of the General Assembly that one of the
best investments of the scarce resources available to combat crime is in the
prevention of delinquency, including prevention of criminal activity by youth
gangs. It is the
intent of the
General Assembly to authorize and encourage each of the counties of the State
to establish a comprehensive juvenile justice plan based upon the input of
representatives of every affected public or private entity, organization, or
group. It is the further intent of the General Assembly that representatives
of school systems, the judiciary, law enforcement, and the community acquire a
thorough understanding of the role and responsibility that each has in
addressing juvenile crime in the community, that the county juvenile justice
plan reflect an understanding of the legal and fiscal limits within which the
plan must be implemented, and that willingness of the parties to cooperate and
collaborate in implementing the plan be explicitly stated. It is the further
intent of the General Assembly that county juvenile justice plans form the
basis of regional and
State juvenile justice plans and that the prevention and treatment resources at
the county, regional, and State levels be utilized to the maximum extent
possible to implement and further the goals of their respective plans.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/Art. V Pt. 3 heading) PART 3.
IMMEDIATE INTERVENTION PROCEDURES
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(705 ILCS 405/5-300)
Sec. 5-300.
Legislative Declaration.
The General Assembly recognizes
that a major
component of any continuum for delinquency prevention is a series of immediate
interaction programs. It is the belief of the General Assembly that each
community or group of communities is best suited to develop and implement
immediate intervention programs to identify and redirect delinquent youth. The
following programs and procedures for immediate intervention are authorized
options for communities, and are not intended to be exclusive or mandated.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-301)
Sec. 5-301. Station adjustments. A minor arrested for any offense or a violation of a condition of previous
station adjustment may receive a station adjustment for that arrest as
provided herein. In deciding whether to impose a station adjustment, either
informal
or formal, a juvenile police officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the | ||
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(E) Whether the offense was committed in an | ||
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(F) Whether the minor used or possessed a deadly | ||
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(1) Informal station adjustment.
(a) An informal station adjustment is defined as a | ||
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(b) A minor shall receive no more than 3 informal | ||
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(c) A minor shall receive no more than 3 informal | ||
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(d) A minor shall receive a combined total of no more | ||
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(e) The juvenile police officer may make reasonable | ||
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(i) Curfew.
(ii) Conditions restricting entry into designated | ||
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(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community | ||
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(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the | ||
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(g) An informal station adjustment does not | ||
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(2) Formal station adjustment.
(a) A formal station adjustment is defined as a | ||
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(b) The minor and parent, guardian, or legal | ||
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(c) The minor and parent, guardian or legal custodian | ||
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(i) The offense which formed the basis of the | ||
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(ii) An acknowledgment that the terms of the | ||
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(iii) An acknowledgment that the formal station | ||
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(iv) An acknowledgment that the minor understands | ||
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(v) A statement that all parties understand the | ||
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(d) Conditions of the formal station adjustment may | ||
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(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require the | ||
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(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or | ||
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(e) Reporting to a police officer at | ||
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(f) Performing up to 25 hours of community | ||
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(g) Refraining from entering designated | ||
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(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified | ||
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(e) A formal station adjustment does not constitute | ||
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(f) A minor or the minor's parent, guardian, or legal | ||
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(g) A minor or the minor's parent, guardian, or legal | ||
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(h) The admission of the minor as to involvement in | ||
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(i) If the minor violates any term or condition of | ||
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(i) Warn the minor of consequences of continued | ||
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(ii) Extend the period of the formal station | ||
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(iii) Extend the hours of community service work | ||
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(iv) Terminate the formal station adjustment | ||
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(v) Terminate the formal station adjustment | ||
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(j) A minor shall receive no more than 2 formal | ||
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(k) A minor shall receive no more than 3 formal | ||
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(l) The total for formal station adjustments | ||
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(m) If the minor is arrested in a jurisdiction where | ||
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(3) Beginning January 1, 2000, the
juvenile police officer making a station adjustment shall assure
that information about any offense which would constitute a felony if committed
by an adult and may assure that information about a misdemeanor is transmitted
to the Illinois State Police.
(4) The total number of station adjustments, both formal and informal, shall
not exceed 9 without the State's Attorney's approval for any minor arrested
anywhere in the State.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-305)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to confer in a
preliminary conference with a minor who is alleged to have committed an
offense, the minor's parent, guardian or legal custodian, the victim, the
juvenile police officer, the State's Attorney, and other interested
persons concerning the advisability of filing a petition under Section
5-520,
with a view to adjusting suitable cases without the filing of a petition as
provided for in this Article, the probation officer should schedule a
conference
promptly except when the State's Attorney insists on court action or when the
minor has indicated that the
minor will demand a judicial hearing and will not
comply
with a probation adjustment.
(1-b) In any case of a minor who is in custody, the holding of a
probation adjustment conference does not operate to prolong temporary custody
beyond the period permitted by Section 5-415.
(2) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(3) No statement made during a preliminary conference in regard to the
offense that is the subject of the conference may be admitted into evidence at
an adjudicatory hearing or at any
proceeding against the minor under the criminal laws of this State prior to the minor's conviction under those laws.
(4) When a probation adjustment is appropriate, the probation officer shall
promptly formulate a written, non-judicial adjustment plan following the
initial conference.
(5) Non-judicial probation adjustment plans include but are not limited to
the following:
(a) up to 6 months informal supervision within the | ||
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(b) up to 12 months informal supervision with a | ||
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(c) up to 6 months informal supervision with release | ||
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(d) referral to special educational, counseling, or | ||
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(e) referral to residential treatment programs;
(f) participation in a public or community service | ||
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(g) any other appropriate action with the consent of | ||
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(6) The factors to be considered by the probation officer in formulating a
non-judicial probation adjustment plan shall be the same as those limited in
subsection (4) of Section 5-405.
(7) Beginning January 1, 2000,
the probation officer who imposes a probation adjustment plan shall
assure
that information about an offense which would constitute a felony if committed
by an adult, and may assure that information about a misdemeanor offense, is
transmitted to the Illinois State Police.
(8) If the minor fails to comply with any term or condition of the non-judicial probation adjustment, the matter
shall be referred to the State's Attorney for determination of whether a petition under this Article shall be
filed. (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-310)
Sec. 5-310. Community mediation program.
(1) Program purpose.
The purpose of community mediation is to provide a system by which minors who
commit delinquent acts may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the juvenile understand
the seriousness of the juvenile's actions and the effect that a crime has on
the minor, the minor's family, the minor's victim and the minor's community.
In
addition, this system offers a method to reduce the ever-increasing instances
of delinquent acts while permitting the judicial system to deal effectively
with cases that are more serious in nature.
(2) Community mediation panels.
The State's Attorney, or an entity designated by the State's Attorney, may
establish
community mediation programs designed to provide citizen participation in
addressing juvenile delinquency. The State's Attorney, or the State's Attorney's designee,
shall
maintain a list of qualified persons who have agreed to serve as community
mediators. To the maximum extent possible, panel membership shall reflect the
social-economic, racial and ethnic make-up of the community in which the panel
sits. The panel shall consist of members with a diverse background in
employment, education and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one or | ||
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(b) Minors who are offered the opportunity to | ||
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(4) Disposition of cases.
Subsequent to any hearing held, the community mediation panel may:
(a) Refer the minor for placement in a | ||
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(b) Refer the minor or the minor's family to | ||
| ||
(c) Require the minor to perform up to 100 hours of | ||
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(d) Require the minor to make restitution in money or | ||
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(e) Require the minor and the minor's parent, | ||
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(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that | ||
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(5) The agreement shall run no more than 6 months. All community
mediation panel members and
observers are required to sign the following oath of confidentiality prior to
commencing community mediation proceedings:
"I solemnly swear or affirm that I will not | ||
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Further, I understand that if I break | ||
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(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-315)
Sec. 5-315.
Teen court.
The county board or corporate authorities of a
municipality, or both, may create or contract with a community based
organization for teen court programs.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-325)
Sec. 5-325.
Reports to the State's Attorney.
Upon the request of the State's Attorney in the county where it is
alleged that a minor has committed a crime, any
school or law enforcement agency that has knowledge of those allegations shall
forward information or a report concerning the incident to the State's
Attorney, provided that the information is not currently protected by any
privilege recognized by law or by decision, rule, or order of the Illinois
Supreme Court.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-330)
Sec. 5-330.
State's Attorney's discretion to prosecute.
Nothing in this Article shall divest the authority of the State's
Attorney to file appropriate charges for violations of this Article if he or
she has probable cause to believe that the violations have occurred.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/Art. V Pt. 4 heading) PART 4.
ARREST AND CUSTODY
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(705 ILCS 405/5-401)
Sec. 5-401. Arrest and taking into custody of a minor.
(1) A law enforcement officer may, without a warrant,
(a) arrest a minor whom the officer with probable | ||
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(b) take into custody a minor who has been adjudged a | ||
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(c) take into custody a minor whom the officer | ||
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(2) Whenever a petition has been filed under Section 5-520 and the court
finds that the conduct and behavior of the minor may endanger the health,
person, welfare, or property of the minor or others or that the circumstances
of the minor's
home environment may endanger the minor's health, person, welfare or
property, a
warrant may be issued immediately to take the minor into custody.
(3) Except for minors accused of violation of an order of the court, any
minor accused of any act under federal or State law, or a municipal or county
ordinance
that would not be illegal if committed by an adult, cannot be placed in a jail,
municipal lockup, detention center, or secure correctional facility. Juveniles
accused with underage consumption and underage possession of
alcohol or cannabis cannot be placed in a jail, municipal lockup, detention center, or
correctional facility.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any interrogation
(i) during which a reasonable person in the subject's position
would consider the subject to be in custody and (ii) during which
a
question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "electronic recording" includes motion picture,
audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building
or a police station that is a place of operation for a municipal police
department or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in
connection with criminal charges against those persons or allegations that
those
persons are delinquent minors.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee: (1) continuously reads to the minor, in its entirety | ||
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(2) after reading the statement required by paragraph | ||
| ||
(A) "Do you want to have a lawyer?" (B) "Do you want to talk to me?" (b) An oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 18
years, made as a
result of a custodial interrogation conducted at a police station or other
place of detention on or after
the effective date of
this amendatory Act of the 99th General Assembly shall be presumed to be
inadmissible as evidence against the
minor in
any criminal proceeding or juvenile court proceeding,
for an act that if committed by an adult would be
a misdemeanor offense under Article 11 of the Criminal Code of 2012 or any felony offense
unless:
(1) an electronic recording is made of the custodial | ||
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(2) the recording is substantially accurate and not | ||
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(b-5) (Blank). (b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
of the
commission of the offense was under the age of 18
years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered. (c) Every electronic recording made under this Section
must be preserved
until such time as the
minor's adjudication
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
minor
was
subjected to a custodial interrogation in violation of this Section,
then any statements made
by the
minor during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding or juvenile court proceeding against the minor except for the
purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
at a
preliminary hearing,
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness, (iv)
of a spontaneous statement
that is not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who requests, prior to
making
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii)
of a statement made
during a custodial
interrogation that is conducted out-of-state,
(viii)
of a
statement given in violation of subsection (b) at a time when the interrogators are unaware that a death
has in fact occurred, (ix) (blank), or (x) of any
other statement that may be admissible under law. The State shall bear the
burden of proving, by a preponderance of the evidence, that one of the
exceptions described in this subsection (e) is applicable. Nothing in this
Section precludes the admission of a statement, otherwise inadmissible under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by a minor during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(h) A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding. The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment. (i) The changes made to this Section by Public Act 98-61 apply to statements of a minor made on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-401.6) Sec. 5-401.6. Prohibition of deceptive tactics. (a) In this Section: "Custodial interrogation" means any interrogation (i) during which a reasonable person in the subject's position would consider the subject to be in custody and (ii) during which a question is asked that is reasonably likely to elicit an incriminating response. "Deception" means the knowing communication of false facts about evidence or unauthorized statements regarding leniency by a law enforcement officer or juvenile officer to a subject of custodial interrogation. "Person with a severe or profound intellectual disability" means a person (i) whose intelligence quotient does not exceed 40 or (ii) whose intelligence quotient does not exceed 55 and who suffers from significant mental illness to the extent that the person's ability to exercise rational judgment is impaired. "Place of detention" means a building or a police station that is a place of operation for a municipal police department or county sheriff department or other law enforcement agency at which persons are or may be held in detention in connection with criminal charges against those persons or allegations that those persons are delinquent minors. "Protected person" means: a minor who, at the time of the commission of the offense, was under 18 years of age; or a person with a severe or profound intellectual disability. (b) An oral, written, or sign language confession of a protected person made as a result of a custodial interrogation conducted at a police station or other place of detention on or after January 1, 2022 (the effective date of Public Act 102-101) shall be presumed to be inadmissible as evidence against the protected person making the confession in a criminal proceeding or a juvenile court proceeding for an act that if committed by an adult would be a misdemeanor offense under Article 11 of the Criminal Code of 2012 or a felony offense under the Criminal Code of 2012 if, during the custodial interrogation, a law enforcement officer or juvenile officer knowingly engages in deception. (c) The presumption of inadmissibility of a confession of a protected person at a custodial interrogation at a police station or other place of detention, when such confession is procured through the knowing use of deception, may be overcome by a preponderance of the evidence that the confession was voluntarily given, based on the totality of the circumstances. (d) The burden of going forward with the evidence and the burden of proving that a confession was voluntary shall be on the State. Objection to the failure of the State to call all material witnesses on the issue of whether the confession was voluntary must be made in the trial court.(Source: P.A. 102-101, eff. 1-1-22; 103-22, eff. 8-8-23; 103-341, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-405)
Sec. 5-405. Duty of officer; admissions by minor.
(1) A law enforcement officer who arrests a minor with a warrant shall
immediately make a reasonable attempt to notify the parent or other person
legally responsible for the minor's care or the person with whom the minor
resides that the minor has been arrested and where the minor is being
held. The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of minors.
(2) A law enforcement officer who arrests a minor without a warrant under
Section 5-401
shall, if the minor is not released, immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's care or
the person with whom the minor resides that the minor has been
arrested and where the minor is being held; and the law enforcement officer
shall without unnecessary delay take the minor to the nearest juvenile police
officer designated for these purposes in the county of venue or shall surrender
the minor to a juvenile police officer in the city or village where the offense
is alleged to have been committed. If a minor is taken into custody for an
offense which would be a misdemeanor if committed by an adult, the law
enforcement officer, upon determining
the true identity of the
minor, may release the minor to the parent or other person legally responsible
for the minor's care or the person with whom the minor resides.
If a minor is so released, the law enforcement officer shall
promptly notify a juvenile police officer of the circumstances of the custody
and release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment and
release of the minor;
(b) release the minor to the minor's parents and | ||
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(c) if the juvenile police officer reasonably | ||
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(d) any other appropriate action with consent of the | ||
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(4) The factors to be considered in determining whether to release or keep
a minor in custody shall include:
(a) the nature of the allegations against the minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the | ||
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(d) the educational and employment status of the | ||
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(e) the availability of special resource or community | ||
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(f) the minor's past involvement with and progress in | ||
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(g) the attitude of complainant and community toward | ||
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(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning all minors taken
into custody
under this Act shall be maintained separate from the records of arrests of
adults and may not be inspected by or disclosed to the public except pursuant
to Section 5-901 and Section 5-905.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-407)
Sec. 5-407. Processing of juvenile in possession of a firearm.
(a) If a law enforcement officer detains a minor pursuant to Section
10-27.1A of the
School Code, the officer shall deliver the minor to the nearest juvenile
officer, in the manner
prescribed by subsection (2) of Section 5-405 of this Act. The juvenile
officer shall deliver the
minor without unnecessary delay to the court or to the place designated by rule
or order of court
for the reception of minors. In no event shall the minor be eligible for any
other disposition by
the juvenile police officer, notwithstanding the provisions of subsection (3)
of Section 5-405 of
this Act.
(b) Minors shall be brought before a judicial officer within
40 hours,
exclusive of Saturdays,
Sundays, and court-designated holidays, for a detention hearing to determine
whether the minor
shall be further held in custody. If the court finds that there is probable
cause to believe that the
minor is a delinquent minor by virtue of the minor's violation of item (4) of
subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
while on school grounds, that finding shall create a presumption that immediate
and urgent necessity exists under
subdivision (2) of Section 5-501 of this Act. Once the presumption of
immediate and urgent necessity has been raised, the burden of demonstrating the
lack of immediate and urgent necessity shall be on any party that is opposing
detention for the minor. Should the court order detention pursuant to this
Section, the minor
shall be detained, pending the results of a court-ordered
psychological
evaluation to determine if the minor is a risk to the minor or others.
Upon receipt of the
psychological evaluation, the court shall review the determination regarding
the existence of
urgent and immediate necessity. The court shall consider the psychological
evaluation in
conjunction with the other factors identified in subdivision (2) of Section
5-501 of this Act in
order to make a de novo determination regarding whether 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
detained or placed in a shelter care facility. In addition to the pre-trial
conditions found in
Section 5-505 of this Act, the court may order the minor to receive counseling
and any other
services recommended by the psychological evaluation as a condition for release
of the minor.
(c) Upon making a determination that the student presents a risk to the student or
others, the court shall issue an order restraining the student from entering
the property of the
school if the student has been suspended or expelled from the school as a result
of possessing a
firearm. The order shall restrain the student from entering the school and
school
owned or leased
property, including any conveyance owned, leased, or contracted by the school
to transport
students to or from school or a school-related activity. The order shall
remain in effect until such
time as the court determines that the student no longer presents a risk to the student
or
others.
(d) Psychological evaluations ordered pursuant to subsection (b) of this
Section and
statements made by the minor during the course of these evaluations, shall not
be admissible on
the issue of delinquency during the course of any adjudicatory hearing held
under this Act.
(e) In this Section:
"School" means any public or
private
elementary or secondary school.
"School grounds" includes the real
property comprising
any school, any conveyance owned, leased, or contracted by a school to
transport students to or
from school or a school-related activity, or any public way within 1,000
feet of the real
property comprising any school.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-410) Sec. 5-410. Non-secure custody or detention. (1) Any minor arrested or taken into custody pursuant to this Act who requires care away from the minor's home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court. (2)(a) Any minor 10 years of age or older arrested pursuant to this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another, (ii) the minor is likely to flee the jurisdiction of the court, or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. A minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider, including a provider through the Comprehensive Community Based Youth Services network, has been contacted and has not been able to accept the minor. No minor under 12 years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. (a-5) For a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking shall be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. (b) The written authorization of the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) constitutes authority for the superintendent of any juvenile detention home to detain and keep a minor for up to 40 hours, excluding Saturdays, Sundays, and court-designated holidays. These records shall be available to the same persons and pursuant to the same conditions as are law enforcement records as provided in Section 5-905. (b-4) The consultation required by paragraph (b-5) shall not be applicable if the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the State's Attorney, to determine whether a minor should be detained; however, paragraph (b-5) shall still be applicable where no such screening instrument is used or where the probation officer, detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) deviates from the screening instrument. (b-5) Subject to the provisions of paragraph (b-4), if a probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) does not intend to detain a minor for an offense which constitutes one of the following offenses, the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) shall consult with the State's Attorney's Office prior to the release of the minor: first degree murder, second degree murder, involuntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm, robbery, aggravated robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, arson, aggravated arson, kidnapping, aggravated kidnapping, home invasion, burglary, or residential burglary. (c) Except as otherwise provided in paragraph (a), (d), or (e), no minor shall be detained in a county jail or municipal lockup for more than 12 hours, unless the offense is a crime of violence in which case the minor may be detained up to 24 hours. For the purpose of this paragraph, "crime of violence" has the meaning ascribed to it in Section 1-10 of the Substance Use Disorder Act. (i) The period of detention is deemed to have begun | ||
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(ii) Any minor so confined shall be under periodic | ||
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(iii) Upon placement in secure custody in a jail or | ||
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(iv) A log shall be kept which shows the offense | ||
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(v) Violation of the time limit on detention in a | ||
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(A) the age of the person; (B) any previous delinquent or criminal history | ||
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(C) any previous abuse or neglect history of the | ||
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(D) any mental health or educational history of | ||
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(d)(i) If a minor 12 years of age or older is confined in a county jail in a county with a population below 3,000,000 inhabitants, then the minor's confinement shall be implemented in such a manner that there will be no contact by sight, sound, or otherwise between the minor and adult prisoners. Minors 12 years of age or older must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with confined adults. This paragraph (d)(i) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 40 hours, excluding Saturdays, Sundays, and court-designated holidays. To accept or hold minors during this time period, county jails shall comply with all monitoring standards adopted by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board. (ii) To accept or hold minors, 12 years of age or older, after the time period prescribed in paragraph (d)(i) of this subsection (2) of this Section but not exceeding 7 days including Saturdays, Sundays, and holidays pending an adjudicatory hearing, county jails shall comply with all temporary detention standards adopted by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board. (iii) To accept or hold minors 12 years of age or older, after the time period prescribed in paragraphs (d)(i) and (d)(ii) of this subsection (2) of this Section, county jails shall comply with all county juvenile detention standards adopted by the Department of Juvenile Justice. (e) When a minor who is at least 15 years of age is prosecuted under the criminal laws of this State, the court may enter an order directing that the juvenile be confined in the county jail. However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound, or otherwise between the juvenile and adult prisoners. (f) For purposes of appearing in a physical lineup, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a juvenile police officer. During such time as is necessary to conduct a lineup, and while supervised by a juvenile police officer, the sight and sound separation provisions shall not apply. (g) For purposes of processing a minor, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a law enforcement officer or correctional officer. During such time as is necessary to process the minor, and while supervised by a law enforcement officer or correctional officer, the sight and sound separation provisions shall not apply. (3) If the probation officer or State's Attorney (or such other public officer designated by the court in a county having 3,000,000 or more inhabitants) determines that the minor may be a delinquent minor as described in subsection (3) of Section 5-105, and should be retained in custody but does not require physical restriction, the minor may be placed in non-secure custody for up to 40 hours pending a detention hearing. (4) Any minor taken into temporary custody, not requiring secure detention, may, however, be detained in the home of the minor's parent or guardian subject to such conditions as the court may impose. (5) 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. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-415)
Sec. 5-415. Setting of detention or shelter care hearing; release.
(1) Unless sooner released, a minor alleged to be a delinquent minor taken
into temporary custody must be brought before a judicial officer within 40
hours for a detention or shelter care hearing to determine whether the minor
shall be
further held in custody. If a minor alleged to be a delinquent minor taken into
custody is hospitalized or is receiving treatment for a physical or mental
condition, and is unable to be brought before a judicial officer for a
detention or shelter care hearing, the 40 hour period will not commence until
the minor is released from the hospital or place of treatment. If the minor
gives false information to law enforcement officials regarding the minor's
identity or age, the 40 hour period will not commence until the court rules
that the minor is subject to this Act and not subject to prosecution under the
Criminal Code of 1961 or the Criminal Code of 2012. Any
other delay attributable to a minor alleged to be a delinquent minor who is
taken into temporary custody shall act to toll the 40 hour time period. The 40 hour time period shall be tolled to allow counsel for the minor to prepare for the detention or shelter care hearing, upon a motion filed by such counsel and granted by the court. In all
cases, the 40 hour time period is exclusive of Saturdays, Sundays and
court-designated holidays.
(2) If the State's Attorney or probation officer (or other public
officer designated by the court in a county having more than 3,000,000
inhabitants) determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court
shall
cause a petition to be filed as provided in Section 5-520 of this Article, and
the clerk of the court shall set the matter for hearing on the detention or
shelter care hearing calendar. Immediately upon the filing of a petition in the case of a minor retained in custody, the court shall cause counsel to be appointed to represent the minor. When a parent, legal guardian, custodian, or
responsible relative is present and so requests, the detention or shelter care
hearing shall be held immediately if the court is in session
and the State is ready to proceed, otherwise at the earliest feasible time.
In no event shall a detention or shelter care hearing be held until the minor has had adequate opportunity to consult with counsel. The probation officer or such other public officer designated by the court in a
county having more than 3,000,000 inhabitants shall notify the minor's parent,
legal guardian, custodian, or responsible relative of the time and place of the
hearing. The notice may be given orally.
(3) The minor must be released from custody at the expiration of the 40
hour period specified by this Section if not brought before a judicial officer
within that period.
(4) After the initial 40 hour period has lapsed, the court may review the
minor's custodial status at any time prior to the trial or sentencing
hearing. If during this time period new or additional information becomes
available concerning the minor's conduct, the court may conduct a hearing to
determine whether the minor should be placed in a detention or shelter care
facility. If the court finds that there is probable cause that the minor is a
delinquent minor and that it is a matter of immediate and urgent necessity for
the protection of the minor or of the person or property of another, or that the minor is likely to flee the jurisdiction of the court, the court may order
that the minor be placed in detention or shelter care.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/Art. V Pt. 5 heading) PART 5.
PRETRIAL PROCEEDINGS
|
(705 ILCS 405/5-501)
Sec. 5-501. Detention or shelter care hearing. At the appearance of the minor before the court at the detention or shelter
care hearing,
the court shall receive all relevant information and evidence, including
affidavits concerning the allegations made in the petition. Evidence used by
the court in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information offered by the
State or minor. All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible under the rules of
evidence applicable at a trial. No hearing may be held unless the minor is
represented by counsel and no hearing shall be held until the minor has had adequate opportunity to consult with counsel.
(1) If the court finds that there is not probable cause to believe that the
minor is a delinquent minor, 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 a
delinquent minor, the minor, the
minor's parent, guardian, custodian and other
persons able to give relevant testimony may be examined before the court. The
court may also consider any evidence by way of proffer based upon reliable
information offered by the State or the minor. All evidence, including
affidavits, shall be admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or legal custodian if
the parent, guardian or custodian appears to take custody.
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 detained or placed in a
shelter care facility or that the minor is likely to flee the jurisdiction of
the court, the court may prescribe detention or 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; 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. In
making the determination of the existence of immediate and urgent necessity,
the court shall consider among other matters: (a) the nature and seriousness of
the alleged offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c) the minor's
record of willful failure to appear following the issuance of a summons or
warrant; (d) the availability of non-custodial alternatives, including the
presence of a parent, guardian or other responsible relative able and willing
to provide supervision and care for the minor and to assure the
minor's
compliance with a summons. If the minor is ordered placed in a shelter care
facility of a licensed child welfare agency, the court shall, upon request of
the agency, appoint the appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the temporary
custody of the minor as it deems fit and proper.
If the court prescribes detention, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 14 days to determine whether there is an urgent and immediate necessity to detain the minor for the protection of the person or property of another. If urgent and immediate necessity is not found on the basis of the protection of the person or property of another, the minor shall be released to the custody of the Department of Children and Family Services. If the court prescribes detention based on the minor being likely to flee the jurisdiction, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 7 days for status on the location of shelter care placement by the Department of Children and Family Services. Detention shall not be used as a shelter care placement for minors in the custody or guardianship of the Department of Children and Family Services. The order together with the court's findings of fact in support of the order
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 the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that the minor taken
into custody is a delinquent minor may the minor be kept or detained in a
facility authorized for juvenile detention. This Section shall in no way be
construed to limit
subsection (4).
(4)(a) Minors 12 years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room or yard with
confined adults. This paragraph (4) shall only apply to confinement pending an adjudicatory hearing
and
shall not exceed 40 hours, excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time period, county jails shall
comply with all monitoring standards adopted
by the Department of Corrections and training standards approved by the
Illinois Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older, after the time
period prescribed in clause (a) of subsection (4) of this Section but not
exceeding 7
days including Saturdays, Sundays, and holidays, pending an adjudicatory
hearing, county jails shall comply with all temporary detention standards adopted
by
the Department of Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older after the time
period prescribed in clause (a) and (b) of this subsection, county jails shall
comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.
(5) If the minor is not brought before a judicial officer within the time
period as specified in Section 5-415, the minor must immediately be released
from
custody.
(6) If neither the parent, guardian, or legal custodian appears within 24
hours to take custody of a minor released from detention or shelter care, 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 legal custodian to appear. At the same time the probation
department shall prepare a report on the minor. If a parent, guardian, or legal
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 Human Services or a licensed child welfare agency.
The time during which a minor is in custody after being released upon the
request of a parent, guardian, or legal custodian shall be considered as time
spent in detention for purposes of scheduling the trial.
(7) Any 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 or vacate a detention or
shelter care order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent | ||
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(b) There is a material change in the circumstances | ||
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(c) A person, including a parent, relative, or legal | ||
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(d) Services provided by the Department of Children | ||
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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
order but does not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated on behalf of the minor and the
minor's
family.
(8) Whenever a petition has been filed under Section 5-520, the court can,
at
any time prior to trial or sentencing, order that the minor be placed in
detention or a shelter care facility after the court conducts a hearing and
finds that the conduct and behavior of the minor may endanger the health,
person, welfare, or property of the
minor or others or that the circumstances
of the
minor's home environment may endanger the
minor's health, person, welfare,
or property.
(Source: P.A. 102-654, eff. 1-1-23; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-505)
Sec. 5-505. Pre-trial conditions order.
(1) If a minor is charged with the commission of a delinquent act, at any
appearance of the minor before the court prior to trial, the court may conduct
a hearing to determine whether the minor should be required to do any of the
following:
(a) not violate any criminal statute of any | ||
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(b) make a report to and appear in person before any | ||
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(c) refrain from possessing a firearm or other | ||
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(d) reside with the minor's parents or in a foster | ||
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(e) attend school;
(f) attend a non-residential program for youth;
(g) comply with curfew requirements as designated by | ||
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(h) refrain from entering into a designated | ||
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(i) refrain from having any contact, directly or | ||
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(j) comply with any other conditions as may be | ||
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No hearing may be held unless the minor is represented by counsel. If the
court determines that there is probable cause to believe the minor is a
delinquent minor and that it is in the best interests of the minor that the
court impose any or all of the conditions listed in paragraphs (a) through (j)
of this subsection (1), then the court
shall order the minor to abide by all of the conditions ordered by the court.
(2) If the court issues a pre-trial conditions order as provided in
subsection (1), the court shall inform the minor and provide a copy of the
pre-trial conditions order effective under this
Section.
(3) The provisions of the pre-trial conditions order issued under this
Section may be continued through the sentencing hearing if the court deems the
action reasonable and necessary. Nothing in this Section shall preclude the
minor from applying to the court at any time for modification or dismissal of
the order or the State's Attorney from applying to the court at any time for
additional provisions under the pre-trial conditions order, modification of the
order, or dismissal of the order.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-510)
Sec. 5-510.
Restraining order against juvenile.
(1) If a minor is charged with the commission of a delinquent act, the
court may conduct a hearing to determine whether an order shall be issued
against the minor restraining the minor from harassing, molesting,
intimidating, retaliating against, or tampering with a witness to or a victim
of the delinquent act charged. No hearing may be held unless the minor is
represented by counsel. If the court determines that there is probable cause
to believe that the minor is a delinquent minor and that it is a matter of
immediate and urgent necessity for the protection of a witness to or a victim
of the delinquent act charged against the minor, the court may issue a
restraining order against the minor restraining the minor from harassing,
molesting, intimidating, retaliating against, or tampering with the witness or
victim. The order
together with the court's finding of fact in support of the order shall be
entered of record in the court.
(2) If the court issues a restraining order as provided in subsection (1),
the court shall inform the minor of the restraining order effective under this
Section.
(3) The provisions of the restraining order issued under this Section may
be continued by the court after the sentencing hearing if the court deems the
action reasonable and necessary. Nothing in this Section shall preclude the
minor from applying to the court at any time for modification or dismissal of
the order or the State's Attorney from applying to the
court at any time for additional provisions under the restraining order,
modification of the order, or dismissal of the order.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-515)
Sec. 5-515.
Medical and dental treatment and care.
At all times during temporary custody, detention or shelter care, the court may
authorize a physician, a hospital or any other appropriate health care provider
to provide medical, dental or surgical procedures if those procedures are
necessary to safeguard the minor's life or health.
If the minor is covered under an existing medical or dental plan, the county
shall be reimbursed for the expenses incurred for such services as if the minor
were not held in temporary custody, detention, or shelter care.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-520)
Sec. 5-520. Petition; supplemental petitions.
(1) The State's Attorney may file, or the
court on its
own motion may direct the filing through the State's Attorney of, a petition in
respect to a minor under this Act. The petition and all subsequent court
documents shall be entitled "In the interest of ...., a minor".
(2) The petition shall be verified but the statements may be made upon
information and belief. It shall allege that the minor is delinquent and set
forth (a) facts sufficient to bring the minor under Section 5-120; (b) the
name,
age and residence of the minor; (c) the names and residences of the minor's parents;
(d) the name and residence of the minor's guardian or legal custodian or the
person or
persons having custody or control of the minor, or of the nearest known
relative if no parent, guardian or legal custodian can be found; and (e) if
the minor upon whose behalf
the petition is brought is detained or sheltered in custody, the date on which
detention or shelter care was ordered by the court or the date set for a
detention or shelter care hearing. If any of the facts required by this
subsection (2) are not known by the petitioner, the petition shall so state.
(3) The petition must pray that the minor be adjudged a ward of the court
and may pray generally for relief available under this Act. The petition need
not specify any proposed disposition following adjudication of wardship.
(4) At any time before dismissal of the petition or before final closing
and discharge under Section 5-750, one or more supplemental petitions may be
filed (i) alleging new offenses
or (ii) alleging violations of orders entered by the court in the delinquency
proceeding.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-525) Sec. 5-525. Service. (1) Service by summons. (a) Upon the commencement of a delinquency | ||
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(b) The summons must contain a statement that the | ||
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(c) The summons shall be issued under the seal of the | ||
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(d) The summons may be served by any law enforcement | ||
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(e) Service of a summons and petition shall be made | ||
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(f) When a parent or other person, who has signed a | ||
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(2) Service by certified mail or publication. (a) If service on individuals as provided in | ||
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(b) If service upon individuals as provided in | ||
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"A, B, C, D, (here giving the names of the named | ||
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Take notice that on (insert date) a petition was | ||
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Now, unless you appear at the hearing and show | ||
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........................................ Clerk Dated (insert the date of publication)" (c) The clerk shall also at the time of the | ||
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(d) If it becomes necessary to change the date set | ||
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(3) Once jurisdiction has been established over a party, further service is not required and notice of any subsequent proceedings in that prosecution shall be made in accordance with provisions of Section 5-530. (4) The appearance of the minor's parent, guardian, or legal custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service and submission to the jurisdiction of the court. A copy of the petition shall be provided to the person at the time of the person's appearance. (5) Fines or assessments, such as fees or administrative costs in the service of process, shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-530)
Sec. 5-530. Notice.
(1) A party presenting a supplemental or amended petition or motion to the
court shall provide the other parties with a copy of any supplemental or
amended petition, motion or accompanying affidavit not yet served upon that
party, and shall file proof of that service, in accordance with subsections
(2), (3),
and (4) of this Section. Written notice of the date, time and place of the
hearing,
shall be provided to all parties in accordance with local court rules.
(2)(a) On whom made. If a party is represented by an attorney of record,
service shall be made upon the attorney. Otherwise service shall be made upon
the party.
(b) Method. Papers shall be served as follows:
(1) by delivering them to the attorney or party | ||
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(2) by leaving them in the office of the attorney | ||
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(3) by depositing them in the United States post | ||
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(4) by transmitting them via facsimile machine to the | ||
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(i) A party or attorney electing to serve | ||
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(ii) Each page of notices and documents | ||
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(c) Multiple parties or attorneys. In cases in which there are 2 or
more
minor-respondents who appear by different attorneys, service on all papers
shall be made on the attorney for each of the parties. If one attorney appears
for several parties, the attorney is entitled to only one copy of any paper served
upon the attorney
by the opposite side. When more than one attorney appears for a
party,
service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required, proof of service shall
be
filed with the clerk.
(b) Manner of Proof. Service is proved:
(i) by written acknowledgment signed by the person | ||
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(ii) in case of service by personal delivery, by | ||
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(iii) in case of service by mail, by certificate of | ||
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(iv) in case of service by facsimile transmission, by | ||
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(c) Effective date of service by mail. Service by mail is complete 4
days
after mailing.
(d) Effective date of service by facsimile transmission. Service by
facsimile
machine is complete on the first court day following transmission.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/Art. V Pt. 6 heading) PART 6.
TRIAL
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(705 ILCS 405/5-601) Sec. 5-601. Trial. (1) When a petition has been filed alleging that the minor is a delinquent, a trial must be held within 120 days of a written demand for such hearing made by any party, except that when the State, without success, has exercised due diligence to obtain evidence material to the case and there are reasonable grounds to believe that the evidence may be obtained at a later date, the court may, upon motion by the State, continue the trial for not more than 30 additional days. (2) If a minor respondent has multiple delinquency petitions pending against the minor in the same county and simultaneously demands a trial upon more than one delinquency petition pending against the minor in the same county, the minor shall receive a trial or have a finding, after waiver of trial, upon at least one such petition before expiration relative to any of the pending petitions of the period described by this Section. All remaining petitions thus pending against the minor respondent shall be adjudicated within 160 days from the date on which a finding relative to the first petition prosecuted is rendered under Section 5-620 of this Article, or, if the trial upon the first petition is terminated without a finding and there is no subsequent trial, or adjudication after waiver of trial, on the first petition within a reasonable time, the minor shall receive a trial upon all of the remaining petitions within 160 days from the date on which the trial, or finding after waiver of trial, on the first petition is concluded. If either such period of 160 days expires without the commencement of trial, or adjudication after waiver of trial, of any of the remaining pending petitions, the petition or petitions shall be dismissed and barred for want of prosecution unless the delay is occasioned by any of the reasons described in this Section. (3) When no such trial is held within the time required by subsections (1) and (2) of this Section, the court shall, upon motion by any party, dismiss the petition with prejudice. (4) Without affecting the applicability of the tolling and multiple prosecution provisions of subsections (8) and (2) of this Section when a petition has been filed alleging that the minor is a delinquent and the minor is in detention or shelter care, the trial shall be held within 30 calendar days after the date of the order directing detention or shelter care, or the earliest possible date in compliance with the provisions of Section 5-525 as to the custodial parent, guardian, or legal custodian, but no later than 45 calendar days from the date of the order of the court directing detention or shelter care. When the petition alleges the minor has committed an offense involving a controlled substance as defined in the Illinois Controlled Substances Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State, continue the trial for receipt of a confirmatory laboratory report for up to 45 days after the date of the order directing detention or shelter care. When the petition alleges the minor committed an offense that involves the death of, great bodily harm to or sexual assault or aggravated criminal sexual abuse on a victim, the court may, upon motion of the State, continue the trial for not more than 70 calendar days after the date of the order directing detention or shelter care. Any failure to comply with the time limits of this Section shall require the immediate release of the minor from detention, and the time limits set forth in subsections (1) and (2) shall apply. (5) If the court determines that the State, without success, has exercised due diligence to obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may continue the cause on application of the State for not more than 120 additional days. The court may also extend the period of detention of the minor for not more than 120 additional days. (6) If the State's Attorney makes a written request that a proceeding be designated an extended juvenile jurisdiction prosecution, and the minor is in detention, the period the minor can be held in detention pursuant to subsection (4), shall be extended an additional 30 days after the court determines whether the proceeding will be designated an extended juvenile jurisdiction prosecution or the State's Attorney withdraws the request for extended juvenile jurisdiction prosecution. (7) When the State's Attorney files a motion for waiver of jurisdiction pursuant to Section 5-805, and the minor is in detention, the period the minor can be held in detention pursuant to subsection (4), shall be extended an additional 30 days if the court denies motion for waiver of jurisdiction or the State's Attorney withdraws the motion for waiver of jurisdiction. (8) The period in which a trial shall be held as prescribed by subsection (1), (2), (3), (4), (5), (6), or (7) of this Section is tolled by: (i) delay occasioned by the minor; (ii) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after the court's determination of the minor's incapacity for trial; (iii) an interlocutory appeal; (iv) an examination of fitness ordered pursuant to Section 104-13 of the Code of Criminal Procedure of 1963; (v) a fitness hearing; or (vi) an adjudication of unfitness for trial. Any such delay shall temporarily suspend, for the time of the delay, the period within which a trial must be held as prescribed by subsections (1), (2), (4), (5), and (6) of this Section. On the day of expiration of the delays, the period shall continue at the point at which the time was suspended. (9) Nothing in this Section prevents the minor or the minor's parents, guardian, or legal custodian from exercising their respective rights to waive the time limits set forth in this Section.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-605)
Sec. 5-605.
Trials, pleas, guilty but mentally ill and not guilty by
reason of insanity.
(1) Method of trial. All delinquency proceedings shall be heard by the
court except those proceedings under this Act where the right to trial by jury
is specifically set forth. At any time a minor may waive the minor's right to
trial by jury.
(2) Pleas of guilty and guilty but mentally ill.
(a) Before or during trial, a plea of guilty may be | ||
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(b) Before or during trial, a plea of guilty but | ||
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(i) the minor has undergone an examination by a | ||
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(ii) the judge has examined the psychiatric or | ||
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(iii) the judge has held a hearing, at which | ||
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(3) Trial by the court.
(a) A trial shall be conducted in the presence of the | ||
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(b) Upon conclusion of the trial the court shall | ||
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(c) When the minor has asserted a defense of | ||
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(i) the State has proven beyond a reasonable | ||
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(ii) the minor has failed to prove the minor's | ||
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(iii) the minor has proven by a preponderance of | ||
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(4) Trial by court and jury.
(a) Questions of law shall be decided by the court | ||
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(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with | ||
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(d) Each party may challenge jurors for cause. If a | ||
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(e) A minor tried alone shall be allowed 7 peremptory | ||
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(f) After examination by the court, the jurors may be | ||
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(g) After the jury is impaneled and sworn, the court | ||
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(h) A trial by the court and jury shall be conducted | ||
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(i) After arguments of counsel the court shall | ||
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(j) Unless the affirmative defense of insanity has | ||
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(k) When, at the close of the State's evidence or at | ||
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(l) When the jury retires to consider its verdict, an | ||
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(m) In a trial, any juror who is a member of a panel | ||
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(n) The members of the jury shall be entitled to take | ||
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(o) A minor tried by the court and jury shall only be | ||
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-610) Sec. 5-610. Guardian ad litem and appointment of attorney. (1) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's parent, guardian, or legal custodian or that it is otherwise in the minor's interest to do so. (2) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel. (3) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and paid from the general fund of the county. (4) If, during the court proceedings, the parents, guardian, or legal custodian prove that the minor has an actual conflict of interest with the minor in that delinquency proceeding and that the parents, guardian, or legal custodian are indigent, the court shall appoint a separate attorney for that parent, guardian, or legal custodian. (5) A guardian ad litem appointed under this Section for a minor who is in the custody or guardianship of the Department of Children and Family Services or who has an open intact family services case with the Department of Children and Family Services is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act in which the minor, who is the subject of the report under the Abused and Neglected Child Reporting Act, is also a minor for whom the guardian ad litem is appointed under this Act. The Department of Children and Family Services' obligation under this subsection to provide reports to a guardian ad litem for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-615) Sec. 5-615. Continuance under supervision. (1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony: (a) upon an admission or stipulation by the | ||
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(b) upon a finding of delinquency and after | ||
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(i) the minor is not likely to commit further | ||
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(ii) the minor and the public would be best | ||
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(iii) in the best interests of justice an order | ||
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(2) (Blank). (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be a delinquent is continued pursuant to this Section, the period of continuance under supervision may not exceed 24 months. The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both. (5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court may, as conditions of the continuance under supervision, require the minor to do any of the following: (a) not violate any criminal statute of any | ||
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(b) make a report to and appear in person before any | ||
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(c) work or pursue a course of study or vocational | ||
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(d) undergo medical or psychotherapeutic treatment | ||
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(e) attend or reside in a facility established for | ||
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(f) support the minor's dependents, if any; (g) (blank); (h) refrain from possessing a firearm or other | ||
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(i) permit the probation officer to visit the minor | ||
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(j) reside with the minor's parents or in a foster | ||
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(k) attend school; (k-5) with the consent of the superintendent of the | ||
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(l) attend a non-residential program for youth; (m) provide nonfinancial contributions to the minor's | ||
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(n) perform some reasonable public or community | ||
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(o) make restitution to the victim, in the same | ||
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(p) comply with curfew requirements as designated by | ||
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(q) refrain from entering into a designated | ||
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(r) refrain from having any contact, directly or | ||
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(r-5) undergo a medical or other procedure to have a | ||
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(s) refrain from having in the minor's body the | ||
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(t) comply with any other conditions as may be | ||
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(6) A minor whose case is continued under supervision under subsection (5) shall be given a certificate setting forth the conditions imposed by the court. Those conditions may be reduced, enlarged, or modified by the court on motion of the probation officer or on its own motion, or that of the State's Attorney, or, at the request of the minor after notice and hearing. (7) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, adjudication, and disposition or adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 30 days of the filing of the petition unless a delay shall continue the tolling of the period of continuance under supervision for the period of the delay. (8) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the alleged violation or similar damage to property located in the municipality or county in which the alleged violation occurred. The condition may be in addition to any other condition. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. (8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition. (9) When a hearing in which a minor is alleged to be a delinquent is continued under this Section, the court, before continuing the case, shall make a finding whether the offense alleged to have been committed either: (i) was related to or in furtherance of the activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (ii) is a violation of paragraph (13) of subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the unlawful use of a firearm. If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by an alleged violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the alleged violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. (10) (Blank). (11) (Blank). (12) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of continuance under supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving continuance under supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on a continuance under supervision. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-620)
Sec. 5-620. Findings. After hearing the evidence, the court shall make and note in the minutes of
the proceeding a finding of whether or not the minor is guilty. If it finds
that the minor is not guilty, the court shall order the petition dismissed and
the minor discharged from any detention or restriction previously ordered in
such proceeding. If the court finds that the minor is guilty, the court shall
then set a time for a sentencing hearing to be conducted under Section 5-705 at
which hearing the court shall determine whether it is in the best interests of
the minor and the public that the minor be made a ward of the court. To assist
the court in making this and other determinations at the sentencing hearing,
the court may order that an investigation be conducted and a social
investigation report be prepared.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-622) Sec. 5-622. (Repealed).
(Source: P.A. 96-707, eff. 1-1-10. Repealed by P.A. 100-285, eff. 1-1-18.) |
(705 ILCS 405/5-625) Sec. 5-625. Absence of minor. (1) When a minor after arrest and an initial court appearance for a felony, fails to appear for trial, at the request of the State and after the State has affirmatively proven through substantial evidence that the minor is willfully avoiding trial, the court may commence trial in the absence of the minor. The absent minor must be represented by retained or appointed counsel. If trial had previously commenced in the presence of the minor and the minor is willfully absent for 2 successive court days, the court shall proceed to trial. All procedural rights guaranteed by the United States Constitution, Constitution of the State of Illinois, statutes of the State of Illinois, and rules of court shall apply to the proceedings the same as if the minor were present in court. The court may set the case for a trial which may be conducted under this Section despite the failure of the minor to appear at the hearing at which the trial date is set. When the trial date is set, the clerk shall send to the minor, by certified mail at the minor's last known address, notice of the new date which has been set for trial. The notification shall be required when the minor was not personally present in open court at the time when the case was set for trial. (2) The absence of the minor from a trial conducted under this Section does not operate as a bar to concluding the trial, to a finding of guilty resulting from the trial, or to a final disposition of the trial in favor of the minor. (3) Upon a finding or verdict of not guilty, the court shall enter a finding for the minor. Upon a finding or verdict of guilty, the court shall set a date for the hearing of post-trial motions and shall hear the motion in the absence of the minor. If post-trial motions are denied, the court shall proceed to conduct a sentencing hearing and to impose a sentence upon the minor. A social investigation is waived if the minor is absent. (4) A minor who is absent for part of the proceedings of trial, post-trial motions, or sentencing, does not thereby forfeit the minor's right to be present at all remaining proceedings. (5) When a minor who in the minor's absence has been either found guilty or sentenced or both found guilty and sentenced appears before the court, the minor must be granted a new trial or a new sentencing hearing if the minor can establish that the minor's failure to appear in court was both without the minor's fault and due to circumstances beyond the minor's control. A hearing with notice to the State's Attorney on the minors request for a new trial or a new sentencing hearing must be held before any such request may be granted. At any such hearing both the minor and the State may present evidence. (6) If the court grants only the minor's request for a new sentencing hearing, then a new sentencing hearing shall be held in accordance with the provisions of this Article. At any such hearing, both the minor and the State may offer evidence of the minor's conduct during the minor's period of absence from the court. The court may impose any sentence authorized by this Article and in the case of an extended juvenile jurisdiction prosecution the Unified Code of Corrections and is not in any way limited or restricted by any sentence previously imposed. (7) A minor whose motion under subsection (5) for a new trial or new sentencing hearing has been denied may file a notice of appeal from the denial. The notice may also include a request for review of the finding and sentence not vacated by the trial court.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/Art. V Pt. 7 heading) PART 7.
PROCEEDINGS AFTER TRIAL, SENTENCING
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(705 ILCS 405/5-701)
Sec. 5-701. Social investigation report.
Upon the order of the court, a social investigation report shall be prepared
and delivered to the parties at least 3 days prior to the sentencing
hearing. The written report of social investigation shall include an
investigation and report of the minor's physical and mental history and
condition, family situation and background, economic status, education,
occupation, personal habits, minor's history of delinquency or criminality or
other matters
which have been brought to the attention of the juvenile court, information
about special resources known to the person preparing the report which might be
available to assist in the minor's rehabilitation, and any other matters which
may be helpful to the court or which the court directs to be included.
Any minor found to be guilty of a sex offense as defined by the Sex
Offender Management Board Act shall be required as part of the social
investigation to submit to a sex offender evaluation. The evaluation shall be
performed in conformance with the standards developed under the Sex Offender
Management Board Act and by an evaluator approved by the Board.
(Source: P.A. 93-616, eff. 1-1-04.)
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(705 ILCS 405/5-705) Sec. 5-705. Sentencing hearing; evidence; continuance. (1) In this subsection (1), "violent crime" has the same meaning ascribed to the term in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act. At the sentencing hearing, the court shall determine whether it is in the best interests of the minor or the public that the minor be made a ward of the court, and, if the minor is to be made a ward of the court, the court shall determine the proper disposition best serving the interests of the minor and the public. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the trial. A crime victim shall be allowed to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and as provided in Section 6 of the Rights of Crime Victims and Witnesses Act, in any case in which: (a) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (b) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. A record of a prior continuance under supervision under Section 5-615, whether successfully completed or not, is admissible at the sentencing hearing. No order of commitment to the Department of Juvenile Justice shall be entered against a minor before a written report of social investigation, which has been completed within the previous 60 days, is presented to and considered by the court. (2) Once a party has been served in compliance with Section 5-525, no further service or notice must be given to that party prior to proceeding to a sentencing hearing. Before imposing sentence the court shall advise the State's Attorney and the parties who are present or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. Factual contents, conclusions, documents and sources disclosed by the court under this paragraph shall not be further disclosed without the express approval of the court. (3) On its own motion or that of the State's Attorney, a parent, guardian, legal custodian, or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence and, in such event, shall make an appropriate order for detention of the minor or the minor's release from detention subject to supervision by the court during the period of the continuance. In the event the court shall order detention hereunder, the period of the continuance shall not exceed 30 court days. At the end of such time, the court shall release the minor from detention unless notice is served at least 3 days prior to the hearing on the continued date that the State will be seeking an extension of the period of detention, which notice shall state the reason for the request for the extension. The extension of detention may be for a maximum period of an additional 15 court days or a lesser number of days at the discretion of the court. However, at the expiration of the period of extension, the court shall release the minor from detention if a further continuance is granted. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor is in detention or has otherwise been removed from the minor's home before a sentencing order has been made. (4) When commitment to the Department of Juvenile Justice is ordered, the court shall state the basis for selecting the particular disposition, and the court shall prepare such a statement for inclusion in the record. (5) Before a sentencing order is entered by the court under Section 5-710 for a minor adjudged delinquent for a violation of paragraph (3.5) of subsection (a) of Section 26-1 of the Criminal Code of 2012, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. A statement made by a minor during the course of a mental health evaluation conducted under this subsection (5) is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under this Act. Neither the physician, clinical psychologist, or qualified examiner, or the employer of the physician, clinical psychologist, or qualified examiner, shall be held criminally, civilly, or professionally liable for performing a mental health examination under this subsection (5), except for willful or wanton misconduct. In this subsection (5), "qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code.(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-710) Sec. 5-710. Kinds of sentencing orders. (1) The following kinds of sentencing orders may be made in respect of wards of the court: (a) Except as provided in Sections 5-805, 5-810, and | ||
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(i) put on probation or conditional discharge and | ||
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(ii) placed in accordance with Section 5-740, | ||
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(iii) required to undergo a substance abuse | ||
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(iv) on and after January 1, 2015 (the effective | ||
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(v) placed in detention for a period not to | ||
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Persons 18 years of age and older who have a | ||
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(A) the age of the person; (B) any previous delinquent or criminal | ||
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(C) any previous abuse or neglect history of | ||
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(D) any mental health history of the person; | ||
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(E) any educational history of the person; (vi) ordered partially or completely emancipated | ||
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(vii) subject to having the minor's driver's | ||
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(viii) put on probation or conditional discharge | ||
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(ix) ordered to undergo a medical or other | ||
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(x) placed in electronic monitoring or home | ||
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(b) A minor found to be guilty may be committed to | ||
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(c) When a minor is found to be guilty for an offense | ||
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(2) Any sentencing order other than commitment to the Department of Juvenile Justice may provide for protective supervision under Section 5-725 and may include an order of protection under Section 5-730. (3) Unless the sentencing order expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 5-750. (4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section shall be the sentencing hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may be ordered by the court to pay some or all of the restitution on the minor's behalf, pursuant to the Parental Responsibility Law. The State's Attorney is authorized to act on behalf of any victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law. (5) Any sentencing order where the minor is committed or placed in accordance with Section 5-740 shall provide for the parents or guardian of the estate of the minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. The payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the sentencing order requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code. (7) In no event shall a guilty minor be committed to the Department of Juvenile Justice for a period of time in excess of that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter V of the Unified Code of Corrections. (7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult. (7.6) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012. (7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. (8) A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred. The order may be in addition to any other order authorized by this Section. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. (8.5) A minor found to be guilty for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The order may be in addition to any other order authorized by this Section. (9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the minor's person. Except as otherwise provided by law, the results of the test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom the results of the testing may be revealed. The court shall notify the minor of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or the legal guardian, of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at the Department of Public Health facilities to all parties to whom the results of the testing are revealed. The court shall order that the cost of any test shall be paid by the county. (10) When a court finds a minor to be guilty the court shall, before entering a sentencing order under this Section, make a finding whether the offense committed either: (a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (b) involved a violation of subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the wrongful use of a firearm. If the court determines the question in the affirmative, and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service for not less than 30 hours nor more than 120 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. This order shall be in addition to any other order authorized by this Section except for an order to place the minor in the custody of the Department of Juvenile Justice. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until the minor's 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until the minor's 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately. (12) (Blank). (13) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, relating to any sentencing order shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian. The inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors. (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-711) Sec. 5-711. Family Support Program services; hearing. (a) Any minor who is placed in the guardianship of the Department of Children and Family Services under Section 5-710 while an application for the Family Support Program was pending with the Department of Healthcare and Family Services or an active application was being reviewed by the Department of Healthcare and Family Services shall continue to be considered eligible for services if all other eligibility criteria are met. (b) The court shall conduct a hearing within 14 days upon notification to all parties that an application for the Family Support Program services has been approved and services are available. At the hearing, the court shall determine whether to vacate guardianship of the Department of Children and Family Services and return the minor to the custody of the parent or guardian with Family Support Program services or whether the minor shall continue in the guardianship of the Department of Children and Family Services and decline the Family Support Program services. In making its determination, the court shall consider the minor's best interest, the involvement of the parent or guardian in proceedings under this Act, the involvement of the parent or guardian in the minor's treatment, the relationship between the minor and the parent or guardian, and any other factor the court deems relevant. If the court vacates the guardianship of the Department of Children and Family Services and returns the minor to the custody of the parent or guardian with Family Support Services, the Department of Healthcare and Family Services shall become financially responsible for providing services to the minor. If the court determines that the minor shall continue in the custody of the Department of Children and Family Services, the Department of Children and Family Services shall remain financially responsible for providing services to the minor, the Family Support Services shall be declined, and the minor shall no longer be eligible for Family Support Services. (c) This Section does not apply to a minor: (1) for whom a petition has been filed under this Act | ||
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(2) for whom the court has made a finding that the | ||
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(3) who has been the subject of an indicated | ||
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(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/5-715) Sec. 5-715. Probation. (1) The period of probation or conditional discharge shall not exceed 5 years or until the minor has attained the age of 21 years, whichever is less, except as provided in this Section for a minor who is found to be guilty for an offense which is first degree murder. The juvenile court may terminate probation or conditional discharge and discharge the minor at any time if warranted by the conduct of the minor and the ends of justice; provided, however, that the period of probation for a minor who is found to be guilty for an offense which is first degree murder shall be at least 5 years. (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this subsection (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge require that the minor: (a) not violate any criminal statute of any | ||
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(b) make a report to and appear in person before any | ||
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(c) work or pursue a course of study or vocational | ||
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(d) undergo medical or psychiatric treatment, | ||
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(e) attend or reside in a facility established for | ||
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(f) support the minor's dependents, if any; (g) refrain from possessing a firearm or other | ||
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(h) permit the probation officer to visit the minor | ||
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(i) reside with the minor's parents or in a foster | ||
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(j) attend school; (j-5) with the consent of the superintendent of the | ||
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(k) attend a non-residential program for youth; (l) make restitution under the terms of subsection | ||
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(m) provide nonfinancial contributions to the minor's | ||
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(n) perform some reasonable public or community | ||
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(o) participate with community corrections programs | ||
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(p) (blank); (q) serve a term of home confinement. In addition to | ||
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(i) remain within the interior premises of the | ||
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(ii) admit any person or agent designated by the | ||
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(iii) use an approved electronic monitoring | ||
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(r) refrain from entering into a designated | ||
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(s) refrain from having any contact, directly or | ||
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(s-5) undergo a medical or other procedure to have a | ||
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(t) refrain from having in the minor's body the | ||
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(u) comply with other conditions as may be ordered by | ||
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(3) The court may as a condition of probation or of conditional discharge require that a minor found guilty on any alcohol, cannabis, methamphetamine, or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If the minor is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment. (3.5) The court shall, as a condition of probation or of conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition. (3.10) The court shall order that a minor placed on probation or conditional discharge for a sex offense as defined in the Sex Offender Management Board Act undergo and successfully complete sex offender treatment. The treatment shall be in conformance with the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider approved by the Board. (4) A minor on probation or conditional discharge shall be given a certificate setting forth the conditions upon which the minor is being released. (5) (Blank). (5.5) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles. (6) The General Assembly finds that in order to protect the public, the juvenile justice system must compel compliance with the conditions of probation by responding to violations with swift, certain, and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of supervision, probation, or conditional discharge, under this Act. The court shall provide as a condition of a disposition of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-720 of this Act. (7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision. (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-720)
Sec. 5-720. Probation revocation.
(1) If a petition is filed charging a violation of a condition of
probation or of conditional discharge, the court shall:
(a) order the minor to appear; or
(b) order the minor's detention if the court finds | ||
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(c) notify the persons named in the petition under | ||
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In making its detention determination under paragraph (b) of this subsection
(1) of this
Section, the court may use information in its findings offered at such a
hearing by way of proffer based upon reliable information presented by the
State, probation officer, or the minor. The filing of a petition for violation
of a condition of probation or of conditional discharge shall toll the period
of probation or of conditional discharge until the final determination of the
charge, and the term of probation or conditional discharge shall not run until
the hearing and disposition of the petition for violation.
(2) The court shall conduct a hearing of the alleged violation of
probation or of
conditional discharge. The minor shall not be held in detention longer than 15
days pending the determination of the alleged violation.
(3) At the hearing, the State shall have the burden of going forward with
the evidence and proving the violation by a preponderance of the evidence.
The evidence shall be presented in court with the right of confrontation,
cross-examination, and representation by counsel.
(4) If the court finds that the minor has
violated a condition at any time prior to the expiration or termination of the
period of probation or conditional discharge, it
may continue the minor on the existing sentence, with or without modifying
or
enlarging the conditions, or may revoke probation or conditional discharge and
impose any other sentence that was available under Section 5-710 at the time
of the initial sentence.
(5) The conditions of probation and of conditional discharge may be
reduced or enlarged by the court on motion of the probation officer or on its
own motion or at the request of the minor after notice and hearing under this
Section.
(6) Sentencing after revocation of probation or of conditional discharge
shall be under Section 5-705.
(7) Instead of filing a violation of probation or of conditional
discharge, the probation officer, with the concurrence of the probation officer's
supervisor, may serve on the minor a notice of intermediate sanctions. The
notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the notice, the minor shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
minor does not respond to the notice, a violation
of probation or of conditional discharge shall be immediately filed with the
court. The State's Attorney and the sentencing court shall be notified of the
notice of sanctions. Upon successful completion of the intermediate sanctions,
a court may not revoke probation or conditional discharge or impose additional
sanctions for the same violation. A notice of intermediate sanctions may not
be issued for any violation of probation or conditional discharge which could
warrant an additional, separate felony charge.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-725)
Sec. 5-725. Protective supervision. If the sentencing order releases the minor to the custody of the minor's
parents,
guardian or legal custodian, or continues the minor in such custody, the court
may place the person having
custody of the minor, except for representatives of private or public agencies
or governmental departments, under supervision of the probation office. Rules
or orders of court shall define the terms and conditions of protective
supervision, which may be modified or terminated when the court finds that the
best interests of the minor and the public will be served by modifying or
terminating protective supervision.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-730)
Sec. 5-730. Order of protection.
(1) The court may make an order of protection in assistance of or as a
condition of any other order authorized by this Act. The order of protection
may set forth reasonable conditions of behavior to be observed for a specified
period. The order may require a
person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated | ||
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(c) to abstain from offensive conduct against the | ||
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(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to | ||
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(f) to prohibit and prevent any contact whatsoever | ||
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(g) to refrain from acts of commission or omission | ||
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(2) The court shall enter an order of protection to prohibit and prevent
any contact between a respondent minor or a sibling of a respondent minor and
any person named in a petition seeking an order of protection who has been
convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal
sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal
Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to the
sheriff of that county. The sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois State Police
shall maintain a complete record and index of the orders of protection and
make this data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a person subject
to an order of protection, the order may be modified or extended for a further
specified period or both or may be terminated if the court finds that the best
interests of the minor and the public will be served by the modification,
extension, or termination.
(5) An order of protection may be sought at any time during the course of
any proceeding conducted under this Act. Any person against whom an
order of protection is sought may retain counsel to represent the person at a
hearing,
and has rights to be present at the hearing, to be informed prior to the
hearing in writing of the contents of the petition seeking a protective order
and of the date, place, and time of the hearing, and to cross-examine
witnesses called by the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written notice
of the contents of the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter care or
detention hearing, if the court finds that the person against whom the
protective order is being sought has been notified of the hearing or that
diligent efforts have been made to notify the person, the court may conduct a
hearing. If a protective order is sought at any
time other than in conjunction with a shelter care or detention hearing, the
court may not conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has notified the person
by personal service at least 3 days before the hearing or has sent written
notice by first class mail to the person's last known address at least 5 days
before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, or legal custodian or responsible relative as
described in Section 1-5 of this Act or is not a party or respondent as defined
in
that
Section shall not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be present at
any hearing other than the hearing in which the order of protection is being
sought or a hearing directly pertaining to that order. Unless the court orders
otherwise, the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall be in writing.
Unless the person against whom the order was obtained was present in court when
the order was issued, the sheriff, other law enforcement official, or special
process server shall promptly serve that order upon that person and file proof
of that service, in the manner provided for service of process in civil
proceedings. The person against whom the protective order was obtained may
seek a modification of the order by filing a written motion to modify the order
within 7 days
after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.) |
(705 ILCS 405/5-735)
Sec. 5-735. Enforcement of orders of protective supervision or of
protection.
(1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation of the order and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other person
affected by the order a
certificate stating that an order of protection has been made by the court
concerning those persons and setting forth its terms and requirements. The
presentation of the certificate to any peace officer authorizes the officer to
take
into custody a person charged with violating the terms of the order of
protection, to bring the person before the court and, within the limits of the officer's legal authority as a peace officer, otherwise to aid in securing the
protection the order is intended to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-740)
Sec. 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 the minor from the custody of the minor's parents, guardian or
custodian, the
court
may:
(a) place the minor in the custody of a suitable | ||
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(b) place the minor under the guardianship of a | ||
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(c) commit the minor to an agency for care or | ||
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(d) commit the minor to some licensed training school | ||
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(e) commit the minor to any appropriate institution | ||
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(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 the suitable relative or other person 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 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 the minor 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
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 the guardian or legal custodian
of the person a certified copy of the order of court, as proof of the guardian's or legal custodian's
authority. No other process is necessary as authority for the keeping of the
minor.
(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. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian or guardian, or the legal custodian's or guardian's agency, to make a full
and accurate report of the
doings of the legal custodian, guardian, or agency on behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or
guardian,
within 10 days after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or otherwise as the
court directs. Upon the hearing of the report the court may remove the legal
custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the
minor to
the custody of the minor's parents or former guardian or legal custodian.
(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months. Every agency
which has guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and each 18 months
thereafter. The petition shall state facts relative to the child's present
condition of physical, mental and emotional health as well as facts relative to the minor's
present custodial or foster care. The petition shall be set for
hearing
and the clerk shall mail 10 days notice of the hearing by certified mail,
return receipt requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act. Rights of wards of the court under this Act are enforceable against any
public agency by complaints for relief by mandamus filed in any proceedings
brought under this Act.
(3) The minor or any person interested in the minor may apply to the court
for a change in custody of the minor and the appointment of a new custodian or
guardian of the person or for the restoration of the minor to the custody of the minor's
parents or former guardian or custodian. In the event that the
minor has
attained 18 years of age and the guardian or custodian petitions the court for
an order terminating the minor's guardianship or custody, guardianship or legal
custody
shall terminate automatically 30 days after the receipt of the petition unless
the
court orders otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent until given notice and an opportunity to be
heard by the court.
(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following: (a) a critical incident involving a youth committed | ||
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(b) a youth who has been released by the Prisoner | ||
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(c) a youth, except a youth who has been adjudicated | ||
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(d) if a report has been filed under paragraph (c) of | ||
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The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section. (5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney. If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request. If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsperson shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any
delinquent has been adjudged a ward of the court under this Act, the court may
commit the minor to the Department of Juvenile Justice, if it
finds
that (a) the minor's parents, guardian or legal custodian 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 the best interests of the minor and
the public will not be served by placement under Section 5-740,
or it is
necessary to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b)
commitment to the Department of Juvenile Justice is the least
restrictive alternative based on evidence that efforts were
made to locate less restrictive alternatives to secure
confinement and the reasons why efforts were unsuccessful in
locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors: (A) Age of the minor. (B) Criminal background of the minor. (C) Review of results of any assessments of the | ||
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(D) Educational background of the minor, indicating | ||
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(E) Physical, mental and emotional health of the | ||
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(F) Community based services that have been provided | ||
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(G) Services within the Department of Juvenile | ||
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(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public. (2) When a minor of the age of at least 13 years is adjudged delinquent
for the offense of first degree murder, the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department of
Juvenile Justice, except that the time that a minor spent in custody for the instant
offense before being committed to the Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Upon release from a Department facility, a minor adjudged delinquent for first degree murder shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law. Nothing in this subsection (2) shall
preclude the State's Attorney from seeking to prosecute a minor as an adult as
an alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment of a
delinquent to the Department of Juvenile Justice shall be for an indeterminate term
which shall automatically terminate upon the delinquent attaining the age of 21
years or upon completion of that period for which an adult could be committed for the same act, whichever occurs sooner, unless the delinquent is sooner discharged from aftercare release or custodianship
is otherwise terminated in accordance with this Act or as otherwise provided
for by law.
(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director. Unless sooner discharged, the Department of Juvenile Justice shall discharge a minor from aftercare release upon completion of the following aftercare release terms: (a) One and a half years from the date a minor is | ||
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(b) One year from the date a minor is released | ||
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(c) Six months from the date a minor is released | ||
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(4) When the court commits a minor to the Department of Juvenile Justice, it
shall order the minor conveyed forthwith to the appropriate reception station
or
other place designated by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the
minor. The clerk of the court shall issue to the
Director of Juvenile Justice a certified copy of the order,
which constitutes proof of the Director's authority. No other process need
issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:
(a) the sentencing order and copies of committing | ||
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(b) all reports;
(c) the court's statement of the basis for ordering | ||
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(d) any sex offender evaluations; (e) any risk assessment or substance abuse | ||
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(f) the number of days, if any, which the minor | ||
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(g) any medical or mental health records or | ||
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(h) the municipality where the arrest of the minor | ||
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(h-5) a report detailing the minor's criminal history | ||
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(i) all additional matters which the court directs | ||
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(j) all police reports for sex offenses as defined by | ||
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(6) Whenever the Department of Juvenile Justice lawfully discharges from its
custody and
control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating the minor's
custodianship. The custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in this State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. If the minor is found guilty of the criminal charge and sentenced to a term of imprisonment in the penitentiary system of the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice shall be automatically terminated. If the criminal charge is dismissed, the minor is found not guilty, or the minor completes a criminal sentence other than imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the previously imposed commitment to the Department of Juvenile Justice and the full aftercare release term shall be automatically reinstated unless custodianship is sooner terminated. Nothing in this subsection (7) shall preclude the court from ordering another sentence under Section 5-710 of this Act or from terminating the Department's custodianship while the commitment to the Department is suspended. (Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-755)
Sec. 5-755. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect of any minor for whom a
petition was filed on or after the effective date of this amendatory Act of
1998 automatically terminate upon the minor attaining the age of 21 years
except that provided in Section 5-810.
(2) Whenever the court finds that the best interests of the minor and the
public no
longer require the wardship of the court, the court shall order the wardship
terminated and all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue or terminate
any custodianship or guardianship previously ordered but the termination must
be made in compliance with Section 5-745.
(3) The wardship of the minor and any legal custodianship or guardianship
respecting the minor for whom a petition was filed on or after the effective
date of
this amendatory Act of 1998 automatically terminates when the minor attains the
age of
21 years except as set forth in subsection (1) of this Section. The clerk of
the court shall at that time record all proceedings under this Act as finally
closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/Art. V Pt. 7A heading) PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
(Source: P.A. 100-431, eff. 8-25-17.) |
(705 ILCS 405/5-7A-101) Sec. 5-7A-101. Short title. This Part may be cited as
the Juvenile Electronic Monitoring and Home Detention Law.
(Source: P.A. 100-431, eff. 8-25-17.) |
(705 ILCS 405/5-7A-105) Sec. 5-7A-105. Definitions. As used in this Article: (a) "Approved electronic monitoring device" means a device approved by the supervising authority that is primarily intended to record or transmit information as to the minor's presence or nonpresence in the home.
An approved electronic monitoring device may record or transmit: oral or wire communications or an auditory sound; visual images; or information regarding the minor's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 5-7A-125 of this Article.
An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring. (b) "Excluded offenses" means any act if committed by an adult would constitute first degree murder, escape, aggravated criminal sexual assault, criminal sexual assault, aggravated battery with a firearm, bringing or possessing a firearm, ammunition, or explosive in a penal institution, any "Super-X" drug offense or calculated criminal drug conspiracy or streetgang criminal drug conspiracy, or any predecessor or successor offenses with the same or substantially the same elements, or any inchoate offenses relating to the foregoing offenses. (c) "Home detention" means the confinement of a minor adjudicated delinquent or subject to an adjudicatory hearing under Article V for an act that if committed by an adult would be an offense to the minor's place of residence under the terms and conditions established by the supervising authority. (d) "Participant" means a minor placed into an electronic monitoring program. (e) "Supervising authority" means the Department of Juvenile Justice, probation supervisory authority, sheriff, superintendent of a juvenile detention center, or any other officer or agency charged with authorizing and supervising home detention. (f) "Super-X drug offense" means a violation of clause (a)(1)(B), (C), or (D) of Section 401; clause (a)(2)(B), (C), or (D) of Section 401; clause (a)(3)(B), (C), or (D) of Section 401; or clause (a)(7)(B), (C), or (D) of Section 401 of the Illinois Controlled Substances Act.
(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/5-7A-110) Sec. 5-7A-110. Application. (a) Except as provided in subsection (d), a minor subject to an adjudicatory hearing or adjudicated delinquent for an act that if committed by an adult would be an excluded offense may not be placed in an electronic monitoring or home detention program, except upon order of the court upon good cause shown. (b) A minor adjudicated delinquent for an act that if committed by an adult would be a Class 1 felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program. (c) A minor adjudicated delinquent for an act that if committed by an adult would be a Class X felony, other than an excluded offense, may be placed in an electronic monitoring or home detention program, provided that the person was sentenced on or after the effective date of this amendatory Act of the 96th General Assembly and provided that the court has not prohibited the program for the minor in the sentencing order. (d) Applications for electronic monitoring or home detention may include the following: (1) pre-adjudicatory detention; (2) probation; (3) furlough; (4) post-trial incarceration; or (5) any other disposition under this Article.
(Source: P.A. 100-431, eff. 8-25-17.) |
(705 ILCS 405/5-7A-115) Sec. 5-7A-115. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. These rules shall include, but not be limited to, the following: (A) The participant shall remain within the interior | ||
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(1) working or employment approved by the court | ||
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(2) unemployed and seeking employment approved | ||
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(3) undergoing medical, psychiatric, mental | ||
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(4) attending an educational institution or a | ||
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(5) attending a regularly scheduled religious | ||
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(6) participating in community work release or | ||
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(7) for another compelling reason consistent with | ||
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(B) The participant shall admit any person or agent | ||
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(C) The participant shall make the necessary | ||
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(D) The participant shall acknowledge and participate | ||
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(E) The participant shall maintain the following: (1) a working telephone in the participant's home; (2) a monitoring device in the participant's home | ||
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(3) a monitoring device in the participant's home | ||
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(F) The participant shall obtain approval from the | ||
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(G) The participant shall not commit another act that | ||
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(H) Notice to the participant that violation of the | ||
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(I) The participant shall abide by other conditions | ||
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(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/7A-120)
(This Section was renumbered as Section 5-7A-120 in P.A. 97-333.) Sec. 7A-120. (Renumbered).
(Source: P.A. 96-293, eff. 1-1-10. Renumbered by P.A. 97-333, eff. 8-12-11.) |
(705 ILCS 405/5-7A-120)
Sec. 5-7A-120. Escape; failure to comply with a condition of the juvenile electronic monitoring or home detention program. A minor charged with or adjudicated delinquent for an act that, if committed by an adult, would constitute a felony or misdemeanor, conditionally released from the supervising authority through a juvenile electronic monitoring or home detention program, who knowingly violates a condition of the juvenile electronic monitoring or home detention program shall be adjudicated a delinquent minor for such act and shall be subject to an additional sentencing order under Section 5-710.
(Source: P.A. 100-431, eff. 8-25-17.) |
(705 ILCS 405/7A-125)
(This Section was renumbered as Section 5-7A-125 by P.A. 97-333.) Sec. 7A-125. (Renumbered).
(Source: P.A. 96-293, eff. 1-1-10. Renumbered by P.A. 97-333, eff. 8-12-11.) |
(705 ILCS 405/5-7A-125)
Sec. 5-7A-125. Consent of the participant. Before entering an order for commitment for juvenile electronic monitoring, the supervising authority shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following: (A) Securing the written consent of the participant | ||
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(B) Where possible, securing the written consent of | ||
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(C) Ensure that the approved electronic devices are | ||
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(Source: P.A. 100-431, eff. 8-25-17.) |
(705 ILCS 405/Art. V Pt. 8 heading) PART 8.
VIOLENT AND HABITUAL JUVENILE
OFFENDER PROVISIONS
|
(705 ILCS 405/5-801)
Sec. 5-801.
Legislative declaration.
The General Assembly finds that a substantial and disproportionate amount of
serious crime is committed by a relatively small number of juvenile offenders.
Part 8 of this Article addresses these juvenile offenders and, in all
proceedings under Sections 5-805, 5-810, and 5-815, the community's right
to be protected shall be the most important purpose of the proceedings.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank).
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at any | ||
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(b) The judge shall enter an order permitting | ||
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(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal | ||
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(B) any previous abuse or neglect history of | ||
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(C) any mental health, physical or | ||
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(D) any involvement of the minor in the | ||
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(iii) the circumstances of the offense, | ||
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(A) the seriousness of the offense,
(B) whether the minor is charged through | ||
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(C) whether there is evidence the offense was | ||
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(D) whether there is evidence the offense | ||
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(E) whether there is evidence the minor | ||
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(F) whether there is evidence the minor was | ||
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(G) the minor's degree of participation and | ||
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(iv) the advantages of treatment within the | ||
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(v) whether the security of the public requires | ||
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(A) the minor's history of services, | ||
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(B) whether there is a reasonable likelihood | ||
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(C) the adequacy of the punishment or | ||
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In considering these factors, the court shall give | ||
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(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13 | ||
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(b) In making its determination on the motion to | ||
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(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal | ||
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(B) any previous abuse or neglect history of | ||
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(C) any mental health, physical, or | ||
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(D) any involvement of the minor in the child | ||
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(iii) the circumstances of the offense, | ||
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(A) the seriousness of the offense,
(B) whether the minor is charged through | ||
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(C) whether there is evidence the offense was | ||
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(D) whether there is evidence the offense | ||
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(E) whether there is evidence the minor | ||
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(F) whether there is evidence the minor was | ||
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(G) the minor's degree of participation and | ||
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(iv) the advantages of treatment within the | ||
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(v) whether the security of the public requires | ||
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(A) the minor's history of services, | ||
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(B) whether there is a reasonable likelihood | ||
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(C) the adequacy of the punishment or | ||
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In considering these factors, the court shall give | ||
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(4) The rules of evidence for this hearing shall be the same as under
Section 5-705 of this Act. A minor must be represented in court by counsel
before the hearing may be commenced.
(5) If criminal proceedings are instituted, the petition for adjudication
of wardship shall be dismissed insofar as the act or acts involved in the
criminal proceedings. Taking of evidence in a trial on petition for
adjudication of wardship is a bar to criminal proceedings based upon the
conduct alleged in the petition.
(6) When criminal prosecution is permitted under this Section and a finding of guilt is entered, the criminal court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections. (7) The changes made to this Section by this amendatory Act of the 99th General Assembly apply to a minor who has been taken into custody on or after the effective date of this amendatory Act of the 99th General Assembly. (Source: P.A. 103-191, eff. 1-1-24.)
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(705 ILCS 405/5-810) Sec. 5-810. Extended jurisdiction juvenile prosecutions. (1)(a) If the State's Attorney files a petition, at any time prior to commencement of the minor's trial, to designate the proceeding as an extended jurisdiction juvenile prosecution and the petition alleges the commission by a minor 13 years of age or older of any offense which would be a felony if committed by an adult, and, if the juvenile judge assigned to hear and determine petitions to designate the proceeding as an extended jurisdiction juvenile prosecution determines that there is probable cause to believe that the allegations in the petition and motion are true, there is a rebuttable presumption that the proceeding shall be designated as an extended jurisdiction juvenile proceeding. (b) The judge shall enter an order designating the proceeding as an extended jurisdiction juvenile proceeding unless the judge makes a finding based on clear and convincing evidence that sentencing under Chapter V of the Unified Code of Corrections would not be appropriate for the minor based on an evaluation of the following factors: (i) the age of the minor; (ii) the history of the minor, including: (A) any previous delinquent or criminal history | ||
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(B) any previous abuse or neglect history of the | ||
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(C) any mental health, physical and/or | ||
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(D) any involvement of the minor in the child | ||
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(iii) the circumstances of the offense, including: (A) the seriousness of the offense, (B) whether the minor is charged through | ||
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(C) whether there is evidence the offense was | ||
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(D) whether there is evidence the offense caused | ||
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(E) whether there is evidence the minor possessed | ||
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(F) whether there is evidence the minor was | ||
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(G) the minor's degree of participation and | ||
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(iv) the advantages of treatment within the juvenile | ||
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(v) whether the security of the public requires | ||
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(A) the minor's history of services, including | ||
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(B) whether there is a reasonable likelihood that | ||
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(C) the adequacy of the punishment or services. In considering these factors, the court shall give greater weight to the seriousness of the alleged offense, and the minor's prior record of delinquency than to other factors listed in this subsection. (2) Procedures for extended jurisdiction juvenile prosecutions. The State's Attorney may file a written motion for a proceeding to be designated as an extended juvenile jurisdiction prior to commencement of trial. Notice of the motion shall be in compliance with Section 5-530. When the State's Attorney files a written motion that a proceeding be designated an extended jurisdiction juvenile prosecution, the court shall commence a hearing within 30 days of the filing of the motion for designation, unless good cause is shown by the prosecution or the minor as to why the hearing could not be held within this time period. If the court finds good cause has been demonstrated, then the hearing shall be held within 60 days of the filing of the motion. The hearings shall be open to the public unless the judge finds that the hearing should be closed for the protection of any party, victim or witness. If the Juvenile Judge assigned to hear and determine a motion to designate an extended jurisdiction juvenile prosecution determines that there is probable cause to believe that the allegations in the petition and motion are true the court shall grant the motion for designation. Information used by the court in its findings or stated in or offered in connection with this Section may be by way of proffer based on reliable information offered by the State or the minor. All evidence shall be admissible if it is relevant and reliable regardless of whether it would be admissible under the rules of evidence. (3) Trial. A minor who is subject of an extended jurisdiction juvenile prosecution has the right to trial by jury. Any trial under this Section shall be open to the public. (4) Sentencing. If an extended jurisdiction juvenile prosecution under subsection (1) results in a guilty plea, a verdict of guilty, or a finding of guilt, the court shall impose the following: (i) one or more juvenile sentences under Section | ||
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(ii) an adult criminal sentence in accordance with | ||
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Any sentencing hearing under this Section shall be open to the public. (5) If, after an extended jurisdiction juvenile prosecution trial, a minor is convicted of a lesser-included offense or of an offense that the State's Attorney did not designate as an extended jurisdiction juvenile prosecution, the State's Attorney may file a written motion, within 10 days of the finding of guilt, that the minor be sentenced as an extended jurisdiction juvenile prosecution offender. The court shall rule on this motion using the factors found in paragraph (1)(b) of Section 5-805. If the court denies the State's Attorney's motion for sentencing under the extended jurisdiction juvenile prosecution provision, the court shall proceed to sentence the minor under Section 5-710. (6) When it appears that a minor convicted in an extended jurisdiction juvenile prosecution under subsection (1) has violated the conditions of the minor's sentence, or is alleged to have committed a new offense upon the filing of a petition to revoke the stay, the court may, without notice, issue a warrant for the arrest of the minor. After a hearing, if the court finds by a preponderance of the evidence that the minor committed a new offense, the court shall order execution of the previously imposed adult criminal sentence. After a hearing, if the court finds by a preponderance of the evidence that the minor committed a violation of the minor's sentence other than by a new offense, the court may order execution of the previously imposed adult criminal sentence or may continue the minor on the existing juvenile sentence with or without modifying or enlarging the conditions. Upon revocation of the stay of the adult criminal sentence and imposition of that sentence, the minor's extended jurisdiction juvenile status shall be terminated. The on-going jurisdiction over the minor's case shall be assumed by the adult criminal court and juvenile court jurisdiction shall be terminated and a report of the imposition of the adult sentence shall be sent to the Illinois State Police. (7) Upon successful completion of the juvenile sentence the court shall vacate the adult criminal sentence. (8) Nothing in this Section precludes the State from filing a motion for transfer under Section 5-805.(Source: P.A. 103-22, eff. 8-8-23; 103-191, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-815)
Sec. 5-815. Habitual Juvenile Offender.
(a) Definition. Any minor
having been twice adjudicated a delinquent minor for offenses which, had the minor
been prosecuted as an adult, would have been felonies under the laws of
this State, and who is thereafter adjudicated a delinquent minor for a
third time shall be adjudged an Habitual Juvenile Offender where:
1. the third adjudication is for an offense occurring | ||
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2. the second adjudication was for an offense | ||
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3. the third offense occurred after January 1, 1980; | ||
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4. the third offense was based upon the commission of | ||
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Nothing in this Section shall preclude the State's Attorney from
seeking to prosecute a minor as an adult as an alternative to
prosecution as a habitual juvenile offender.
A continuance under supervision authorized by Section 5-615 of
this Act
shall not be permitted under this Section.
(b) Notice to minor. The State shall serve upon the minor written
notice of intention to prosecute under the provisions of this Section within
5 judicial days of the filing of any delinquency petition, adjudication
upon which would mandate the minor's disposition as a Habitual Juvenile
Offender.
(c) Petition; service. A notice to seek adjudication as a
Habitual Juvenile Offender shall be filed only by the State's Attorney.
The petition upon which such Habitual Juvenile Offender notice is
based shall contain the information and averments required for all
other delinquency petitions filed under this Act and its service shall
be according to the provisions of this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on such petition shall be by jury unless the minor
demands, in open court and with advice of counsel, a trial by the court
without jury.
Except as otherwise provided herein, the provisions of this
Act concerning delinquency proceedings generally shall be applicable to
Habitual Juvenile Offender proceedings.
(e) Proof of prior adjudications. No evidence or other disclosure of prior
adjudications shall be presented
to the court or jury during any adjudicatory hearing provided for under this
Section unless otherwise permitted by the issues properly raised in such
hearing. In the event the minor who is the subject of these
proceedings elects to testify on the minor's behalf, it shall be competent to
introduce evidence, for purposes of impeachment, that the minor has previously
been adjudicated a delinquent minor upon facts which, had the minor been tried as an
adult, would have resulted in the minor's conviction of a felony or of any offense
that involved dishonesty or false statement. Introduction of
such evidence shall be according to the rules and procedures applicable to
the impeachment of an adult defendant by prior conviction.
After an admission of the facts in the petition or adjudication of
delinquency, the State's Attorney may file with the court a verified
written statement signed by the State's Attorney concerning any prior
adjudication of an offense set forth in subsection (a) of this Section
which offense would have been a felony or of any offense that involved
dishonesty or false statement had the minor been tried as an adult.
The court shall then cause the minor to be brought before it; shall
inform the minor of the allegations of the statement so filed, and of the minor's right to a hearing before the court on the issue of such prior
adjudication and of the minor's right to counsel at such hearing; and unless the
minor admits such adjudication, the court shall hear and determine such
issue, and shall make a written finding thereon.
A duly authenticated copy of the record of any such alleged prior
adjudication shall be prima facie evidence of such prior adjudication or of
any offense that involved dishonesty or false statement.
Any claim that a previous adjudication offered by the State's
Attorney is not a former adjudication of an offense which, had the minor
been prosecuted as an adult, would have resulted in the minor's conviction of a
felony or of any offense that involved dishonesty or false statement, is
waived unless duly raised at the hearing on such
adjudication, or unless the State's Attorney's proof shows that such
prior adjudication was not based upon proof of what would have been a
felony.
(f) Disposition. If the court finds that the prerequisites established in
subsection (a)
of this Section have been proven, it shall adjudicate the minor a Habitual
Juvenile Offender and commit the minor to the Department of Juvenile Justice for a period of time as provided in subsection (3) of Section 5-750, subject to the target release date provisions as provided in subsection (c) of Section 3-2.5-85 of the Unified Code of Corrections.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-820)
Sec. 5-820. Violent Juvenile Offender.
(a) Definition. A minor having
been previously adjudicated a delinquent minor for an offense which, had the minor been prosecuted as an adult, would have been a Class 2 or greater felony
involving the use or
threat of physical force or violence against an individual or a Class 2 or
greater felony for
which an element of the offense is possession or use of a firearm, and who is
thereafter adjudicated a delinquent minor for a second time for any of those
offenses shall be adjudicated a Violent Juvenile Offender if:
(1) The second adjudication is for an offense | ||
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(2) The second offense occurred on or after January | ||
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(b) Notice to minor. The State shall serve upon the minor written notice of
intention to prosecute under the provisions of this Section within 5 judicial
days of the filing of a delinquency petition, adjudication upon which would
mandate the minor's disposition as a Violent Juvenile Offender.
(c) Petition; service. A notice to seek adjudication as a Violent Juvenile
Offender shall be filed only by the State's Attorney.
The petition upon which the Violent Juvenile Offender notice is based shall
contain the information and averments required for all other delinquency
petitions filed under this Act and its service shall be according to the
provisions of this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on the petition shall be by jury unless the minor demands,
in open court and with advice of counsel, a trial by the court without a jury.
Except as otherwise provided in this Section, the provisions of this Act
concerning delinquency proceedings generally shall be applicable to Violent
Juvenile Offender proceedings.
(e) Proof of prior adjudications. No evidence or other disclosure of prior
adjudications shall be presented to the court or jury during an adjudicatory
hearing provided for under this Section unless otherwise permitted by the
issues properly raised in that hearing. In the event the minor who is the
subject of these proceedings elects to testify on the minor's behalf, it
shall be competent to introduce evidence, for purposes of impeachment, that the minor has previously been adjudicated a delinquent minor upon facts which, had
the minor been tried as an adult, would have resulted in the minor's conviction
of a felony or of any offense that involved dishonesty or false statement.
Introduction of such evidence shall be according to the rules and
procedures applicable to the impeachment of an adult defendant by prior
conviction.
After an admission of the facts in the petition or adjudication of
delinquency, the State's Attorney may file with the court a verified written
statement signed by the State's Attorney concerning any prior adjudication of
an offense set forth in subsection (a) of this Section that would have
been a felony or of any offense that involved
dishonesty or false statement had the minor been tried as an adult.
The court shall then cause the minor to be brought before it; shall inform
the minor of the allegations of the statement so filed, of the minor's right to
a hearing before the court on the issue of the prior adjudication and of the minor's right to counsel at the hearing; and unless the minor admits the
adjudication, the court shall hear and determine the issue, and shall make a
written finding of the issue.
A duly authenticated copy of the record of any alleged prior
adjudication shall be prima facie evidence of the prior adjudication or of any
offense that involved dishonesty or false statement.
Any claim that a previous adjudication offered by the State's Attorney is not
a former adjudication of an offense which, had the minor been prosecuted as an
adult, would have resulted in the minor's conviction of a Class 2 or greater
felony involving the
use or threat of force or violence, or a firearm, a felony or of any offense
that involved dishonesty or false statement is waived unless duly raised
at the hearing on the adjudication, or unless the State's Attorney's proof
shows that the prior adjudication was not based upon proof of what would have
been a felony.
(f) Disposition. If the court finds that the prerequisites established in
subsection (a) of this Section have been proven, it shall adjudicate the minor
a Violent Juvenile Offender and commit the minor to the Department of
Juvenile Justice for a period of time as provided in subsection (3) of Section 5-750, subject to the target release date provisions in subsection (c) of Section 3-2.5-85 of the Unified Code of Corrections.
(g) Nothing in this Section shall preclude the State's Attorney from seeking
to prosecute a minor as a habitual juvenile offender or as an adult as an
alternative to prosecution as a Violent Juvenile Offender.
(h) A continuance under supervision authorized by Section 5-615
of this Act
shall not be permitted under this Section.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-821)
Sec. 5-821. (Repealed).
(Source: P.A. 94-574, eff. 8-12-05. Repealed by P.A. 99-258, eff. 1-1-16.) |
(705 ILCS 405/5-822) Sec. 5-822. Data collection. On the effective date of this amendatory Act of the 99th General Assembly: (1) The Clerk of the Circuit Court of every county in | ||
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(a) initiated in criminal court under Section | ||
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(b) in which a motion to transfer was filed by | ||
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(c) in which a motion for extended jurisdiction | ||
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(d) in which a designation is sought of a | ||
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(e) in which a designation is sought of a Violent | ||
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(2) For each category of case listed in subsection | ||
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(a) age of the defendant and of the victim or | ||
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(b) race and ethnicity of the defendant and the | ||
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(c) gender of the defendant and the victim or | ||
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(d) the offense or offenses charged; (e) date filed and the date of final disposition; (f) the final disposition; (g) for those cases resulting in a finding or | ||
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(i) charge or charges for which they are | ||
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(ii) sentence for each charge; (h) for cases under paragraph (c) of subsection | ||
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(3) On January 15 and June 15 of each year beginning | ||
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(4) No later than 2 months after the effective date | ||
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(Source: P.A. 99-258, eff. 1-1-16.) |
(705 ILCS 405/Art. V Pt. 9 heading) PART 9.
CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
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(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim impact statements,
process,
service of process, orders, writs and docket entries reflecting hearings held
and judgments and decrees entered by the court. The court file shall be
kept separate from other records of the court.
(a) The file, including information identifying the | ||
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(i) A judge of the circuit court and members of | ||
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(ii) Parties to the proceedings and their | ||
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(iii) Victims and their attorneys, except in | ||
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(iv) Probation officers, law enforcement officers | ||
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(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information | ||
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(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with | ||
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(iii) The Secretary of State to whom the Clerk of | ||
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(iv) The administrator of a bonafide substance | ||
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(v) Any individual, or any public or private | ||
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(2) (Reserved). (3) A minor who is the victim or alleged victim in a juvenile proceeding
shall be
provided the same confidentiality regarding disclosure of identity as the
minor who is the subject of record.
Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing this identity.
(4) Relevant information, reports and records shall be made available to the
Department of
Juvenile Justice when a juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
(4.5) Relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility upon written request by the Superintendent or Director of that juvenile detention facility, to the Chief Records Officer of the Department of Juvenile Justice where the subject youth is or was in the custody of the Department of Juvenile Justice and is subsequently ordered to be held in a county juvenile detention facility. (5) Except as otherwise provided in this subsection (5), juvenile court
records shall not be made available to the general public
but may be inspected by representatives of agencies, associations and news
media or other properly interested persons by general or special order of
the court. The State's Attorney, the minor, the minor's parents, guardian and
counsel
shall at all times have the right to examine court files and records.
(a) The court shall allow the general public to have | ||
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(i) The adjudication of delinquency was based | ||
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(ii) The court has made a finding that the minor | ||
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(b) The court shall allow the general public to have | ||
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(i) The minor has been convicted of first degree | ||
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(ii) The court has made a finding that the minor | ||
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(6) Nothing in this Section shall be construed to limit the use of an
adjudication of delinquency as
evidence in any juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including, but not limited to, use as
impeachment evidence against any witness, including the minor if the minor
testifies.
(7) Nothing in this Section shall affect the right of a Civil Service
Commission or appointing authority examining the character and fitness of
an applicant for a position as a law enforcement officer to ascertain
whether that applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records or evidence which were made in
proceedings under this Act.
(8) Following any adjudication of delinquency for a crime which would be
a felony if committed by an adult, or following any adjudication of delinquency
for a violation of Section 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so, shall provide
a copy of the sentencing order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be limited
to the principal or chief administrative officer of the school and any school
counselor designated by the principal or chief administrative officer.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(10) (Reserved). (11) The Clerk of the Circuit Court shall report to the Illinois
State
Police, in the form and manner required by the Illinois State Police, the
final disposition of each minor who has been arrested or taken into custody
before the minor's 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information reported to
the Illinois
State
Police under this Section may be maintained with records that the Illinois
State
Police
files under Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the general public when the
court is conducting hearings under Section 5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61 apply to juvenile court records of 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. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-905) Sec. 5-905. Law enforcement records. (1) Law Enforcement Records. Inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor who has been investigated, arrested, or taken into custody before the minor's 18th birthday shall be restricted to the following and when necessary for the discharge of their official duties: (a) A judge of the circuit court and members of the | ||
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(b) Law enforcement officers, probation officers or | ||
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(c) The minor, the minor's parents or legal guardian | ||
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(d) Adult and Juvenile Prisoner Review Boards; (e) Authorized military personnel; (f) Persons engaged in bona fide research, with the | ||
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(g) Individuals responsible for supervising or | ||
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(h) The appropriate school official only if the | ||
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(A) Inspection and copying shall be limited to | ||
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(i) any violation of Article 24 of the | ||
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(ii) a violation of the Illinois Controlled | ||
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(iii) a violation of the Cannabis Control | ||
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(iv) a forcible felony as defined in Section | ||
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(v) a violation of the Methamphetamine | ||
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(vi) a violation of Section 1-2 of the | ||
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(vii) a violation of the Hazing Act; or (viii) a violation of Section 12-1, 12-2, | ||
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The information derived from the law enforcement | ||
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(B) Any information provided to appropriate | ||
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(i) The president of a park district. Inspection and | ||
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(2) Information identifying victims and alleged victims of sex offenses, shall not be disclosed or open to public inspection under any circumstances. Nothing in this Section shall prohibit the victim or alleged victim of any sex offense from voluntarily disclosing this identity. (2.5) If the minor is a victim of aggravated battery, battery, attempted first degree murder, or other non-sexual violent offense, the identity of the victim may be disclosed to appropriate school officials, for the purpose of preventing foreseeable future violence involving minors, by a local law enforcement agency pursuant to an agreement established between the school district and a local law enforcement agency subject to the approval by the presiding judge of the juvenile court. (3) Relevant information, reports and records shall be made available to the Department of Juvenile Justice when a juvenile offender has been placed in the custody of the Department of Juvenile Justice. (4) Nothing in this Section shall prohibit the inspection or disclosure to victims and witnesses of photographs contained in the records of law enforcement agencies when the inspection or disclosure is conducted in the presence of a law enforcement officer for purposes of identification or apprehension of any person in the course of any criminal investigation or prosecution. (5) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under 18 years of age must be maintained separate from the records of adults and may not be open to public inspection or their contents disclosed to the public except by order of the court or when the institution of criminal proceedings has been permitted under Section 5-130 or 5-805 or required under Section 5-130 or 5-805 or such a person has been convicted of a crime and is the subject of pre-sentence investigation or when provided by law. (6) Except as otherwise provided in this subsection (6), law enforcement officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor. Any victim or parent or legal guardian of a victim may petition the court to disclose the name and address of the minor and the minor's parents or legal guardian, or both. Upon a finding by clear and convincing evidence that the disclosure is either necessary for the victim to pursue a civil remedy against the minor or the minor's parents or legal guardian, or both, or to protect the victim's person or property from the minor, then the court may order the disclosure of the information to the victim or to the parent or legal guardian of the victim only for the purpose of the victim pursuing a civil remedy against the minor or the minor's parents or legal guardian, or both, or to protect the victim's person or property from the minor. (7) Nothing contained in this Section shall prohibit law enforcement agencies when acting in their official capacity from communicating with each other by letter, memorandum, teletype or intelligence alert bulletin or other means the identity or other relevant information pertaining to a person under 18 years of age. The information provided under this subsection (7) shall remain confidential and shall not be publicly disclosed, except as otherwise allowed by law. (8) No person shall disclose information under this Section except when acting in the person's official capacity and as provided by law or order of court. (9) The changes made to this Section by Public Act 98-61 apply to law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (10) Nothing contained in this Section shall prohibit law enforcement agencies from disclosing law enforcement reports and records to the Attorney General for the purposes of complying with the Crime Victims Compensation Act. (Source: P.A. 103-22, eff. 8-8-23; 103-1037, eff. 8-9-24.) |
(705 ILCS 405/5-910)
Sec. 5-910. Social, psychological and medical records.
(1) The social investigation, psychological and medical records of any
juvenile offender
shall be privileged and shall not be disclosed except:
(a) upon the written consent of the former juvenile | ||
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(b) upon a determination by the head of the treatment | ||
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(c) when any court having jurisdiction of the | ||
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(d) when requested by any attorney representing the | ||
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(e) upon a written request of a juvenile probation | ||
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(f) when the State's Attorney requests a copy of the | ||
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(2) Willful violation of this Section is a Class C misdemeanor.
(3) Nothing in this Section shall operate to extinguish any rights of a
juvenile offender established by attorney-client, physician-patient,
psychologist-client or social worker-client privileges except as otherwise
provided by law.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-915) (Text of Section from P.A. 103-605) Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records. (0.05) (Blank). (0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if: (1) one year or more has elapsed since the date of | ||
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(2) no petition for delinquency or criminal charges | ||
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(3) 6 months have elapsed since the date of the | ||
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(b) If the law enforcement agency is unable to verify satisfaction of conditions (2) and (3) of this subsection (0.1), records that satisfy condition (1) of this subsection (0.1) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as a Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. (c) If the juvenile law enforcement record was received through a public submission to a statewide student confidential reporting system administered by the Illinois State Police, the record will be maintained for a period of 5 years according to all other provisions in this subsection (0.1). (0.15) If a juvenile law enforcement record meets paragraph (a) of subsection (0.1) of this Section, a juvenile law enforcement record created: (1) prior to January 1, 2018, but on or after January | ||
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(2) prior to January 1, 2013, but on or after January | ||
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(3) prior to January 1, 2000 shall not be subject to | ||
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Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have the person's juvenile law enforcement records expunged except as otherwise may be provided in this Act. (0.2)(a) Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termination of an order of supervision, or the successful termination of an adjudication for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult, the court shall automatically order the expungement of the juvenile court records and juvenile law enforcement records. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained until the statute of limitations for the felony has run. If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed with respect to an internal investigation of any law enforcement office, that information and information identifying the juvenile may be retained within an intelligence file until the investigation is terminated or the disciplinary action, including appeals, has been completed, whichever is later. Retention of a portion of a juvenile's law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.3)(a) Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile court and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. In this subsection (0.3), "disqualified offense" means any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of Section 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code of 2012. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained in an intelligence file until the investigation is terminated or for one additional year, whichever is sooner. Retention of a portion of a juvenile's juvenile law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.4) Automatic expungement for the purposes of this Section shall not require law enforcement agencies to obliterate or otherwise destroy juvenile law enforcement records that would otherwise need to be automatically expunged under this Act, except after 2 years following the subject arrest for purposes of use in civil litigation against a governmental entity or its law enforcement agency or personnel which created, maintained, or used the records. However, these juvenile law enforcement records shall be considered expunged for all other purposes during this period and the offense, which the records or files concern, shall be treated as if it never occurred as required under Section 5-923. (0.5) Subsection (0.1) or (0.2) of this Section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances. (0.6) Juvenile law enforcement records of a plaintiff who has filed civil litigation against the governmental entity or its law enforcement agency or personnel that created, maintained, or used the records, or juvenile law enforcement records that contain information related to the allegations set forth in the civil litigation may not be expunged until after 2 years have elapsed after the conclusion of the lawsuit, including any appeal. (0.7) Officer-worn body camera recordings shall not be automatically expunged except as otherwise authorized by the Law Enforcement Officer-Worn Body Camera Act. (1) Whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before a person's 18th birthday that if committed by an adult would be an offense, and that person's juvenile law enforcement and juvenile court records are not eligible for automatic expungement under subsection (0.1), (0.2), or (0.3), the person may petition the court at any time at no cost to the person for expungement of juvenile law enforcement records and juvenile court records relating to the incident and, upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Illinois State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (a) the minor was arrested and no petition for | ||
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(a-5) the minor was charged with an offense and the | ||
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(b) the minor was charged with an offense and was | ||
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(c) the minor was placed under supervision under | ||
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(d) the minor was adjudicated for an offense which | ||
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(1.5) At no cost to the person, the Illinois State Police shall allow a person to use the Access and Review process, established in the Illinois State Police, for verifying that the person's juvenile law enforcement records relating to incidents occurring before the person's 18th birthday eligible under this Act have been expunged. (1.6) (Blank). (1.7) (Blank). (1.8) (Blank). (2) Any person whose delinquency adjudications are not eligible for automatic expungement under subsection (0.3) of this Section may petition the court at no cost to the person to expunge all juvenile law enforcement records relating to any incidents occurring before the person's 18th birthday which did not result in proceedings in criminal court and all juvenile court records with respect to any adjudications except those based upon first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act at the time the person petitions the court for expungement; provided that 2 years have elapsed since all juvenile court proceedings relating to the person have been terminated and the person's commitment to the Department of Juvenile Justice under this Act has been terminated. (2.5) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custody, the youth officer, if applicable, or other designated person from the arresting agency, shall notify verbally and in writing to the minor or the minor's parents or guardians that the minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement information packet, information regarding this State's expungement laws including a petition to expunge juvenile law enforcement and juvenile court records obtained from the clerk of the circuit court. (2.6) If a minor is referred to court, then, at the time of sentencing, dismissal of the case, or successful completion of supervision, the judge shall inform the delinquent minor of the minor's rights regarding expungement and the clerk of the circuit court shall provide an expungement information packet to the minor, written in plain language, including information regarding this State's expungement laws and a petition for expungement, a sample of a completed petition, expungement instructions that shall include information informing the minor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) the minor shall not be charged a fee to petition for expungement, (iii) once the minor obtains an expungement, the minor may not be required to disclose that the minor had a juvenile law enforcement or juvenile court record, and (iv) if petitioning the minor may file the petition on the minor's own or with the assistance of an attorney. The failure of the judge to inform the delinquent minor of the minor's right to petition for expungement as provided by law does not create a substantive right, nor is that failure grounds for: (i) a reversal of an adjudication of delinquency; (ii) a new trial; or (iii) an appeal. (2.7) (Blank). (2.8) (Blank). (3) (Blank). (3.1) (Blank). (3.2) (Blank). (3.3) (Blank). (4) (Blank). (5) (Blank). (5.5) Whether or not expunged, records eligible for automatic expungement under subdivision (0.1)(a), (0.2)(a), or (0.3)(a) may be treated as expunged by the individual subject to the records. (6) (Blank). (6.5) The Illinois State Police or any employee of the Illinois State Police shall be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expungement under this Section because of inability to verify a record. Nothing in this Section shall create Illinois State Police liability or responsibility for the expungement of juvenile law enforcement records it does not possess. (7) (Blank). (7.5) (Blank). (8) The expungement of juvenile law enforcement or juvenile court records under subsection (0.1), (0.2), or (0.3) of this Section shall be funded by appropriation by the General Assembly for that purpose. (9) (Blank). (10) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) (Text of Section from P.A. 103-717) Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records. (0.05) (Blank). (0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if: (1) one year or more has elapsed since the date of | ||
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(2) no petition for delinquency or criminal charges | ||
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(3) 6 months have elapsed since the date of the | ||
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(b) If the law enforcement agency is unable to verify satisfaction of conditions (2) and (3) of this subsection (0.1), records that satisfy condition (1) of this subsection (0.1) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as a Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. (c) If the juvenile law enforcement record was received through a public submission to a statewide student confidential reporting system administered by the Illinois State Police, the record will be maintained for a period of 5 years according to all other provisions in this subsection (0.1). (0.15) If a juvenile law enforcement record meets paragraph (a) of subsection (0.1) of this Section, a juvenile law enforcement record created: (1) prior to January 1, 2018, but on or after January | ||
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(2) prior to January 1, 2013, but on or after January | ||
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(3) prior to January 1, 2000 shall not be subject to | ||
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Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have the person's juvenile law enforcement records expunged except as otherwise may be provided in this Act. (0.2)(a) Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termination of an order of supervision, or the successful termination of an adjudication for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult, the court shall automatically order the expungement of the juvenile court records and juvenile law enforcement records. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained until the statute of limitations for the felony has run. If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed with respect to an internal investigation of any law enforcement office, that information and information identifying the juvenile may be retained within an intelligence file until the investigation is terminated or the disciplinary action, including appeals, has been completed, whichever is later. Retention of a portion of a juvenile's law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.3)(a) Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile court and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. In this subsection (0.3), "disqualified offense" means any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of Section 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code of 2012. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained in an intelligence file until the investigation is terminated or for one additional year, whichever is sooner. Retention of a portion of a juvenile's juvenile law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.4) Automatic expungement for the purposes of this Section shall not require law enforcement agencies to obliterate or otherwise destroy juvenile law enforcement records that would otherwise need to be automatically expunged under this Act, except after 2 years following the subject arrest for purposes of use in civil litigation against a governmental entity or its law enforcement agency or personnel which created, maintained, or used the records. However, these juvenile law enforcement records shall be considered expunged for all other purposes during this period and the offense, which the records or files concern, shall be treated as if it never occurred as required under Section 5-923. (0.5) Subsection (0.1) or (0.2) of this Section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances. (0.6) Juvenile law enforcement records of a plaintiff who has filed civil litigation against the governmental entity or its law enforcement agency or personnel that created, maintained, or used the records, or juvenile law enforcement records that contain information related to the allegations set forth in the civil litigation may not be expunged until after 2 years have elapsed after the conclusion of the lawsuit, including any appeal. (0.7) Officer-worn body camera recordings shall not be automatically expunged except as otherwise authorized by the Law Enforcement Officer-Worn Body Camera Act. (1) Whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before a person's 18th birthday that if committed by an adult would be an offense, and that person's juvenile law enforcement and juvenile court records are not eligible for automatic expungement under subsection (0.1), (0.2), or (0.3), the person may petition the court at any time at no cost to the person for expungement of juvenile law enforcement records and juvenile court records relating to the incident and, upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Illinois State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (a) the minor was arrested and no petition for | ||
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(a-5) the minor was charged with an offense and the | ||
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(b) the minor was charged with an offense and was | ||
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(c) the minor was placed under supervision under | ||
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(d) the minor was adjudicated for an offense which | ||
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(1.5) At no cost to the person, the Illinois State Police shall allow a person to use the Access and Review process, established in the Illinois State Police, for verifying that the person's juvenile law enforcement records relating to incidents occurring before the person's 18th birthday eligible under this Act have been expunged. (1.6) (Blank). (1.7) (Blank). (1.8) (Blank). (2) Any person whose delinquency adjudications are not eligible for automatic expungement under subsection (0.3) of this Section may petition the court at no cost to the person to expunge all juvenile law enforcement records relating to any incidents occurring before the person's 18th birthday which did not result in proceedings in criminal court and all juvenile court records with respect to any adjudications except those based upon first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act at the time the person petitions the court for expungement; provided that 2 years have elapsed since all juvenile court proceedings relating to the person have been terminated and the person's commitment to the Department of Juvenile Justice under this Act has been terminated. (2.5) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custody, the youth officer, if applicable, or other designated person from the arresting agency, shall notify verbally and in writing to the minor or the minor's parents or guardians that the minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement information packet, information regarding this State's expungement laws including a petition to expunge juvenile law enforcement and juvenile court records obtained from the clerk of the circuit court. (2.6) If a minor is referred to court, then, at the time of sentencing, dismissal of the case, or successful completion of supervision, the judge shall inform the delinquent minor of the minor's rights regarding expungement and the clerk of the circuit court shall provide an expungement information packet to the minor, written in plain language, including information regarding this State's expungement laws and a petition for expungement, a sample of a completed petition, expungement instructions that shall include information informing the minor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) the minor shall not be charged a fee to petition for expungement, (iii) once the minor obtains an expungement, the minor may not be required to disclose that the minor had a juvenile law enforcement or juvenile court record, and (iv) if petitioning the minor may file the petition on the minor's own or with the assistance of an attorney. The failure of the judge to inform the delinquent minor of the minor's right to petition for expungement as provided by law does not create a substantive right, nor is that failure grounds for: (i) a reversal of an adjudication of delinquency; (ii) a new trial; or (iii) an appeal. (2.6-1) A trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, may petition for vacation and expungement or immediate sealing of his or her juvenile court records and juvenile law enforcement records relating to events that resulted in the victim's adjudication of delinquency for an offense if committed by an adult would be a violation of the criminal laws occurring before the victim's 18th birthday upon the completion of his or her juvenile court sentence if his or her participation in the underlying offense was a result of human trafficking under Section 10-9 of the Criminal Code of 2012 or a severe form of trafficking under the federal Trafficking Victims Protection Act. (2.7) (Blank). (2.8) (Blank). (3) (Blank). (3.1) (Blank). (3.2) (Blank). (3.3) (Blank). (4) (Blank). (5) (Blank). (5.5) Whether or not expunged, records eligible for automatic expungement under subdivision (0.1)(a), (0.2)(a), or (0.3)(a) may be treated as expunged by the individual subject to the records. (6) (Blank). (6.5) The Illinois State Police or any employee of the Illinois State Police shall be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expungement under this Section because of inability to verify a record. Nothing in this Section shall create Illinois State Police liability or responsibility for the expungement of juvenile law enforcement records it does not possess. (7) (Blank). (7.5) (Blank). (8) The expungement of juvenile law enforcement or juvenile court records under subsection (0.1), (0.2), or (0.3) of this Section shall be funded by appropriation by the General Assembly for that purpose. (9) (Blank). (10) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-379, eff. 7-28-23; 103-717, eff. 1-1-25.) (Text of Section from P.A. 103-787) Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records. (0.05) (Blank). (0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if: (1) one year or more has elapsed since the date of | ||
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(2) no petition for delinquency or criminal charges | ||
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(3) 6 months have elapsed since the date of the | ||
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(b) If the law enforcement agency is unable to verify satisfaction of conditions (2) and (3) of this subsection (0.1), records that satisfy condition (1) of this subsection (0.1) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as a Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. (c) If the juvenile law enforcement record was received through a public submission to a statewide student confidential reporting system administered by the Illinois State Police, the record will be maintained for a period of 5 years according to all other provisions in this subsection (0.1). (0.15) If a juvenile law enforcement record meets paragraph (a) of subsection (0.1) of this Section, a juvenile law enforcement record created: (1) prior to January 1, 2018, but on or after January | ||
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(2) prior to January 1, 2013, but on or after January | ||
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(3) prior to January 1, 2000 shall not be subject to | ||
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Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have the person's juvenile law enforcement records expunged except as otherwise may be provided in this Act. (0.2)(a) Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termination of an order of supervision, or the successful termination of an adjudication for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult, the court shall automatically order the expungement of the juvenile court records and juvenile law enforcement records. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained until the statute of limitations for the felony has run. If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed with respect to an internal investigation of any law enforcement office, that information and information identifying the juvenile may be retained within an intelligence file until the investigation is terminated or the disciplinary action, including appeals, has been completed, whichever is later. Retention of a portion of a juvenile's law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.3)(a) Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile court and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction. On the date that the minor's sentence ends or the date that the court enters an order committing the minor to the Department of Juvenile Justice, the juvenile court judge shall schedule a date to enter the automatic expungement order. The minor must be notified but shall not be required to be present for the scheduled court date when automatic expungement is to be ordered. If the minor is not yet eligible on the originally scheduled date, the court shall schedule a subsequent date to enter the automatic expungement order. The clerk shall deliver a certified copy of the expungement order to the Illinois State Police and the arresting agency. Upon request, the State's Attorney shall furnish the name of the arresting agency. The expungement shall be completed within 60 business days after the receipt of the expungement order. In this subsection (0.3), "disqualified offense" means any of the following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of Section 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code of 2012. (b) If the chief law enforcement officer of the agency, or the chief law enforcement officer's designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that information, and information identifying the juvenile, may be retained in an intelligence file until the investigation is terminated or for one additional year, whichever is sooner. Retention of a portion of a juvenile's juvenile law enforcement record does not disqualify the remainder of a juvenile's record from immediate automatic expungement. (0.4) Automatic expungement for the purposes of this Section shall not require law enforcement agencies to obliterate or otherwise destroy juvenile law enforcement records that would otherwise need to be automatically expunged under this Act, except after 2 years following the subject arrest for purposes of use in civil litigation against a governmental entity or its law enforcement agency or personnel which created, maintained, or used the records. However, these juvenile law enforcement records shall be considered expunged for all other purposes during this period and the offense, which the records or files concern, shall be treated as if it never occurred as required under Section 5-923. (0.5) Subsection (0.1) or (0.2) of this Section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances. (0.6) Juvenile law enforcement records of a plaintiff who has filed civil litigation against the governmental entity or its law enforcement agency or personnel that created, maintained, or used the records, or juvenile law enforcement records that contain information related to the allegations set forth in the civil litigation may not be expunged until after 2 years have elapsed after the conclusion of the lawsuit, including any appeal. (0.7) Officer-worn body camera recordings shall not be automatically expunged except as otherwise authorized by the Law Enforcement Officer-Worn Body Camera Act. (1) Whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before a person's 18th birthday that if committed by an adult would be an offense, and that person's juvenile law enforcement and juvenile court records are not eligible for automatic expungement under subsection (0.1), (0.2), or (0.3), the person may petition the court at any time at no cost to the person for expungement of juvenile law enforcement records and juvenile court records relating to the incident and, upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Illinois State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances: (a) the minor was arrested and no petition for | ||
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(a-5) the minor was charged with an offense and the | ||
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(b) the minor was charged with an offense and was | ||
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(c) the minor was placed under supervision under | ||
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(d) the minor was adjudicated for an offense which | ||
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(1.5) At no cost to the person, the Illinois State Police shall allow a person to use the Access and Review process, established in the Illinois State Police, for verifying that the person's juvenile law enforcement records relating to incidents occurring before the person's 18th birthday eligible under this Act have been expunged. (1.6) (Blank). (1.7) (Blank). (1.8) (Blank). (2) Any person whose delinquency adjudications are not eligible for automatic expungement under subsection (0.3) of this Section may petition the court at no cost to the person to expunge all juvenile law enforcement records relating to any incidents occurring before the person's 18th birthday which did not result in proceedings in criminal court and all juvenile court records with respect to any adjudications except those based upon first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act at the time the person petitions the court for expungement; provided that 2 years have elapsed since all juvenile court proceedings relating to the person have been terminated and the person's commitment to the Department of Juvenile Justice under this Act has been terminated. (2.5) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custody, the youth officer, if applicable, or other designated person from the arresting agency, shall notify verbally and in writing to the minor or the minor's parents or guardians that the minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement information packet, information regarding this State's expungement laws including a petition to expunge juvenile law enforcement and juvenile court records obtained from the clerk of the circuit court. (2.6) If a minor is referred to court, then, at the time of sentencing, dismissal of the case, or successful completion of supervision, the judge shall inform the delinquent minor of the minor's rights regarding expungement and the clerk of the circuit court shall provide an expungement information packet to the minor, written in plain language, including information regarding this State's expungement laws and a petition for expungement, a sample of a completed petition, expungement instructions that shall include information informing the minor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) the minor shall not be charged a fee to petition for expungement, (iii) once the minor obtains an expungement, the minor may not be required to disclose that the minor had a juvenile law enforcement or juvenile court record, and (iv) if petitioning the minor may file the petition on the minor's own or with the assistance of an attorney. The failure of the judge to inform the delinquent minor of the minor's right to petition for expungement as provided by law does not create a substantive right, nor is that failure grounds for: (i) a reversal of an adjudication of delinquency; (ii) a new trial; or (iii) an appeal. (2.7) (Blank). (2.8) (Blank). (3) (Blank). (3.1) (Blank). (3.2) (Blank). (3.3) (Blank). (4) (Blank). (5) (Blank). (5.5) Whether or not expunged, records eligible for automatic expungement under subdivision (0.1)(a), (0.2)(a), or (0.3)(a) may be treated as expunged by the individual subject to the records. (6) (Blank). (6.5) The Illinois State Police or any employee of the Illinois State Police shall be immune from civil or criminal liability for failure to expunge any records of arrest that are subject to expungement under this Section because of inability to verify a record. Nothing in this Section shall create Illinois State Police liability or responsibility for the expungement of juvenile law enforcement records it does not possess. (7) (Blank). (7.5) (Blank). (8) The expungement of juvenile law enforcement or juvenile court records under subsection (0.1), (0.2), or (0.3) of this Section shall be funded by appropriation by the General Assembly for that purpose. (9) (Blank). (10) (Blank).(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23; 103-379, eff. 7-28-23; 103-787, eff. 1-1-25.) |
(705 ILCS 405/5-920) Sec. 5-920. Petitions for expungement. (a) The petition for expungement for subsections (1) and (2) of Section 5-915 may include multiple offenses on the same petition and shall be substantially in the following form: IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO. ) )...................)(Name of Petitioner)PETITION TO EXPUNGE JUVENILE RECORDS(Section 5-915 of the Juvenile Court Act of 1987 (Subsections 1 and 2))Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile law enforcement and court records of petitioner and in support thereof states that:
Petitioner was arrested on ..... by the ....... Police Department for the offense or offenses of ......., and:
(Check All That Apply:)
( ) a. no petition or petitions were filed with the Clerk of the Circuit Court.( ) b. was charged with ...... and was found not delinquent
of the offense or offenses.( ) c. a petition or petitions were filed and the petition or petitions were dismissed without a finding of delinquency on .....( ) d. on ....... placed under supervision pursuant to Section 5-615 of the Juvenile Court Act of 1987 and such order of supervision successfully terminated on ........( ) e. was adjudicated for the offense or offenses, which would have been a Class B misdemeanor, a Class C misdemeanor, or a petty offense or business offense if committed by an adult.( ) f. was adjudicated for a Class A misdemeanor or felony, except first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act, and 2 years have passed since the case was closed.
Petitioner .... has .... has not been arrested on charges in this or any county other than the charges listed above. If petitioner has been arrested on additional charges, please list the charges below:
Charge(s): ......Arresting Agency or Agencies: ...........Disposition/Result: (choose from a. through f., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable Court to (1) order all law enforcement agencies to expunge all records of petitioner to this incident or incidents, and (2) to order the Clerk of the Court to expunge all records concerning the petitioner regarding this incident or incidents.......................
Petitioner (Signature)
..........................
Petitioner's Street Address.....................
City, State, Zip Code.............................Petitioner's Telephone NumberPursuant to the penalties of perjury under the Code of Civil Procedure, 735 ILCS 5/1-109, I hereby certify that the statements in this petition are true and correct, or on information and belief I believe the same to be true.......................Petitioner (Signature)
(b) The chief judge of the circuit in which an arrest was made or a charge
was brought or any
judge of that circuit designated by the chief judge
may, upon verified petition
of a person who is the subject of an arrest or a juvenile court proceeding
under subsection (1) or (2) of Section 5-915, order the juvenile law enforcement
records or official court file, or both, to be expunged from the official
records of the arresting authority, the clerk of the circuit court and the
Illinois State Police. The person whose juvenile law enforcement record, juvenile court record, or both, are to be expunged shall petition the court using the appropriate form containing the person's current address and shall promptly notify the clerk of the circuit court of any change of address. Notice
of the petition shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, and the arresting agency or agencies by the clerk of the circuit court. If an objection is filed within 45
days of the notice of the petition, the clerk of the circuit court shall set a date for hearing after the 45-day objection period. At the hearing, the court shall hear evidence on whether the expungement should or should not be granted. Unless the State's Attorney or prosecutor, the Illinois State Police, or an arresting agency objects to the expungement within 45
days of the notice, the court may enter an order granting expungement. The clerk shall forward a certified copy of the order to the Illinois State Police and deliver a certified copy of the order to the arresting agency.
(c) The Notice of Expungement shall be in substantially the following form:IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO. ) )...................)(Name of Petitioner)NOTICE
TO: State's AttorneyTO: Arresting Agency
................................
................................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom ..., located at ..., before the Honorable ..., Judge, or any judge sitting in the Judge's stead, I shall then and there present a Petition to Expunge Juvenile Records in the above-entitled matter, at which time and place you may appear.......................Petitioner's Signature...........................
Petitioner's Street Address.....................
City, State, Zip Code.............................Petitioner's Telephone NumberPROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I served this notice and true and correct copies of the above-checked documents by:(Check One:)delivering copies personally to each entity to whom they are directed;orby mailing copies to each entity to whom they are directed by depositing the same in the U.S. Mail, proper postage fully prepaid, before the hour of 5:00 p.m., at the United States Postal Depository located at ..........................................................
SignatureClerk of the Circuit Court or Deputy ClerkPrinted Name of Delinquent Minor/Petitioner: ....Address: ........................................Telephone Number: ............................... (d) The Order of Expungement shall be in substantially the following form:IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO. ) )...................)(Name of Petitioner)
DOB ................Arresting Agency/Agencies ......ORDER OF EXPUNGEMENT
(Section 5-920 of the Juvenile Court Act of 1987 (Subsection c))
This matter having been heard on the petitioner's motion and the court being fully advised in the premises does find that the petitioner is indigent or has presented reasonable cause to waive all costs in this matter, IT IS HEREBY ORDERED that: ( ) 1. Clerk of Court and Illinois State Police costs are hereby waived in this matter. ( ) 2. The Illinois State Police Bureau of Identification and the following law enforcement agencies expunge all records of petitioner relating to an arrest dated ...... for the offense of ......Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit Court expunge all records regarding the above-captioned case.ENTER: ......................
JUDGEDATED: .......Name:
Attorney for:
Address:
City/State/Zip:
Attorney Number: (e) The Notice of Objection shall be in substantially the following form:IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO. ) )...................)(Name of Petitioner)NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................ATTENTION:
You are hereby notified that an objection has been filed by the following entity regarding the above-named minor's petition for expungement of juvenile records:( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged with the duty of prosecuting the offense sought to be expunged;
( ) Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case be continued and set for hearing on whether the expungement should or should not be granted.
DATED: .......Name:Attorney For:
Address:City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing objection, on ...... in room ...., located at ....., before the Honorable ....., Judge, or any judge sitting in the Judge's stead.
(Only one hearing shall be set, regardless of the number of Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the court date, time, and location, has been sent via regular U.S. Mail to the following entities. (If more than one Notice of Objection is received on the same case, each one must be completed with the court date, time and location and mailed to the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;( ) Prosecutor (other than State's Attorney's Office) charged with the duty of prosecuting the offense sought to be expunged;( ) Illinois State Police; and( ) Arresting agency or agencies.
Date: ......Initials of Clerk completing this section: .....
(Source: P.A. 103-22, eff. 8-8-23.) |
(705 ILCS 405/5-923) Sec. 5-923. Dissemination and retention of expunged records. (a) Upon entry of an order expunging the juvenile law enforcement record or juvenile court record, or both, the records or files for that offense shall be treated as if it never occurred. Law
enforcement officers and other public offices and agencies shall properly reply
on inquiry that no record or file exists with respect to the
person. A person whose juvenile records have been expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of expungement. (b) Local law enforcement agencies shall send written notice to the minor of the expungement of any juvenile law enforcement records within 60 days of automatic expungement or the date of service of an expungement order, whichever applies. If a minor's court file has been expunged, the clerk of the circuit court shall send written notice to the minor of the expungement of any juvenile court records within 60 days of automatic expungement or the date of service of an expungement order, whichever applies. Notice to minors of the expungement of any juvenile law enforcement records created prior to 2016 may be satisfied by public notice. The names of persons whose records are being expunged shall not be published in this public notice. (c) Except with respect to authorized military personnel, an expunged juvenile law enforcement record or expunged juvenile court record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment within the State must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest. Employers may not ask, in any format or context, if an applicant has had a juvenile record expunged. Information about an expunged record obtained by a potential employer, even inadvertently, from an employment application that does not contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest, shall be treated as dissemination of an expunged record by the employer. The Department of Labor shall develop a link on the Department's website to inform employers that employers may not ask if an applicant had a juvenile law enforcement or juvenile court record expunged and that application for employment must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication, arrest, or conviction. (d) Nothing in this Act shall be construed to prohibit the maintenance
of information relating to an offense after records or files concerning the
offense have been expunged if the information is kept in a manner that does not
enable identification of the individual. This information may only be used for anonymous
statistical and bona fide research purposes. (d-5) The expungement of juvenile law enforcement or juvenile court records shall not be subject to the record retention provisions of the Local Records Act. (d-10) No evidence of the juvenile law enforcement or juvenile court records may be retained by any law enforcement agency, the juvenile court, or by any municipal, county, or State agency or department unless specifically authorized by this Act. However, non-personal identifying data of a statistical, crime, or trend analysis nature such as the date, time, location of incident, offense type, general demographic information, including gender, race, and ethnicity information, and all other similar information that does not identify a specific individual may be retained. Nothing in this Act shall require the physical destruction of the internal office records, files, or databases maintained by a State's Attorney's Office or other prosecutor, a public defender, a probation officer, or the Office of the Secretary of State. (e) Willful dissemination of any information contained in an expunged record shall be treated as a Class C misdemeanor and punishable by a fine of $1,000 per violation. Willful dissemination for financial gain of any information contained in an expunged record shall be treated as a Class 4 felony. Dissemination for financial gain by an employee of any municipal, county, or State agency, including law enforcement, shall result in immediate termination. The person whose record was expunged has a right of action against any person who intentionally disseminates an expunged record. In the proceeding, punitive damages up to an amount of $1,000 may be sought in addition to any actual damages. The prevailing party shall be entitled to costs and reasonable attorney fees. The punishments for dissemination of an expunged record shall never apply to the person whose record was expunged.
(Source: P.A. 100-1162, eff. 12-20-18.) |
(705 ILCS 405/5-925) Sec. 5-925. State Appellate Defender juvenile expungement program. (a) The State Appellate Defender shall establish, maintain, and carry out a juvenile expungement program
to provide information and assistance to minors eligible to have their juvenile law enforcement or juvenile court records expunged. (b) The State Appellate Defender shall develop brochures, pamphlets, and
other
materials in
printed form and through the agency's World Wide Web site. The pamphlets and
other materials shall
include at a minimum the following information: (1) an explanation of the State's juvenile | ||
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(2) the circumstances under which juvenile | ||
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(3) the juvenile offenses that may be expunged; (4) the steps necessary to initiate and complete the | ||
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(5) directions on how to contact the State Appellate | ||
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(c) The State Appellate Defender shall establish and maintain a statewide
toll-free telephone
number that a person may use to receive information or assistance concerning
the expungement of juvenile law enforcement or juvenile court records. The State Appellate
Defender shall advertise
the toll-free telephone number statewide. The State Appellate Defender shall
develop an expungement
information packet that may be sent to eligible persons seeking expungement of
their juvenile law enforcement or court records,
which may include, but is not limited to, a pre-printed expungement petition
with instructions on how
to complete the petition and a pamphlet containing information that would
assist individuals through
the juvenile expungement process. (d) The State Appellate Defender shall compile a statewide list of volunteer
attorneys willing
to assist eligible individuals through the juvenile expungement process. (e) This Section shall be implemented from funds appropriated by the General
Assembly to the State
Appellate Defender
for this purpose. The State Appellate Defender shall employ the necessary staff
and adopt the
necessary rules for implementation of this Section.
(Source: P.A. 100-1162, eff. 12-20-18.) |
(705 ILCS 405/Art. VI heading) ARTICLE VI.
ADMINISTRATION OF JUVENILE SERVICES
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(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.
(1) The chief judge of each circuit shall make provision for probation
services for each county in the chief judge's circuit. The appointment of officers
to probation or court services departments and the administration of such
departments shall be governed by the provisions of the Probation and
Probation Officers Act.
(2) Every county or every group of counties constituting a probation
district shall maintain a court services or probation
department subject to the provisions of the Probation and Probation
Officers Act. For the purposes of this Act, such a court services or
probation department has, but is not limited to, the following powers and
duties:
(a) When authorized or directed by the court, to | ||
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(a-1) To confer in a preliminary conference, with a | ||
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(b) When a petition is filed under Section 2-13, | ||
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(b-1) When authorized or directed by the court, and | ||
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(c) To counsel and, by order of the court, to | ||
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(d) To arrange for placements pursuant to court order.
(e) To assume administrative responsibility for such | ||
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(f) To maintain an adequate system of case records, | ||
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(g) To perform such other services as may be | ||
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(3) The court services or probation department in any probation district
or county having less than 1,000,000 inhabitants, or any personnel of the
department, may be required by the circuit court to render services to the
court in other matters as well as proceedings under this Act.
(4) In any county or probation district, a probation department
may be established as a separate division of a more inclusive department
of court services, with any appropriate divisional designation. The
organization of any such department of court services and the appointment
of officers and other personnel must comply with the Probation and Probation
Officers Act.
(5) For purposes of this Act only, probation officers appointed to
probation or court services
departments shall be considered peace officers. In the
exercise of their official duties, probation officers, sheriffs, and police
officers may, anywhere within the State, arrest any minor who is in violation
of any of the conditions of the minor's probation, continuance under
supervision, or
informal supervision, and it shall be the duty of the officer making the arrest
to take the minor before the court having jurisdiction over the minor for
further
action.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/6-2) (from Ch. 37, par. 806-2)
Sec. 6-2.
Probation districts; informal cooperation.
(1) Any 2 or more counties in the same judicial circuit may form a
joint probation district for the maintenance of a Probation Department
or of both a Probation Department and a Psychiatric Department of the
circuit court in those counties. The determination and agreement to form
such a probation district shall be made by the county boards of the
counties desiring to form it. Any such agreement is binding on the
respective counties for 4 years.
(2) The budget for such Probation Department and Psychiatric
Department, if any, maintained by any probation district shall be
prepared by the respective Departments and submitted for review and
appropriate action to a committee representative of all county boards
within the district. The budget committee shall meet annually and as
many additional times as it finds necessary. All such financial information
must be shared with the Supreme Court at its request.
(3) The financial burden of maintaining each such Department shall
be borne by each county in the district on a pro rata system based upon
the ratio that the value of property in that county, as equalized or
assessed by the Department of Revenue, bears to the
total value of all the property in the district, as equalized or
assessed by the Department of Revenue, subject to the
limitations and regulations imposed by law on the authority of any
county to levy taxes.
(4) This Section does not exclude informal cooperation between any 2
or more counties with respect to the rendering of probation or
psychiatric services, or prohibit the formation of a probation district
by any 2 or more counties in the same circuit on any mutually acceptable basis.
(Source: P.A. 85-601.)
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(705 ILCS 405/6-3) (from Ch. 37, par. 806-3)
Sec. 6-3. Court Services Departments; counties over 1,000,000. (1) Any county having more than 1,000,000 inhabitants shall maintain a
Court Services Department, which shall be under the authority and
supervision of the chief judge of the circuit or of some other judge
designated by the chief judge.
(2) The functions and duties of probation personnel of the Court
Services Department include, but are not limited to, those described in
Section 6-1. Neither the Court Services Department nor any of its
personnel must supervise the probation of any person over 18 years of age
convicted under the criminal laws, except that the court may order the
Department to supervise the probation of an adult convicted of the crime of
contributing to the dependency and neglect of children or of contributing
to the delinquency of children.
(3) The Court Services Department in any such county shall provide
psychiatric clinical services relating to the purposes of this Act when so
requested, authorized or ordered by the court. The Department may be
required by the circuit court to render psychiatric clinical services to
the court in other matters as well as in proceedings under this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/6-4) (from Ch. 37, par. 806-4)
Sec. 6-4. Psychiatric Departments; counties under 1,000,000. (1) Any county having less than 1,000,000 inhabitants or any group of
counties constituting a probation district may maintain a Psychiatric
Department to render clinical services requested, authorized or ordered by
the court. The Psychiatric Department may be required by the circuit court
to render services to the court in other matters as well as in proceedings
under this Act. In any county or probation district the Psychiatric
Department may be established as a separate division of a more inclusive
psychiatric department or of a comprehensive department of court services,
with any appropriate divisional designation.
(2) The chief judge of the circuit court shall appoint a professionally
qualified person as Director of the Psychiatric Department established for
any county or probation district in the circuit, to serve at the chief judge's pleasure,
and may authorize the Director to appoint such other personnel of the
Department as the chief judge from time to time may determine are needed,
to serve at the pleasure of the Director. The Director shall have general
charge of the Department under the supervision of the chief judge or of
some other judge designated by the chief judge for that purpose.
(3) Appointments to any professional position in the Psychiatric
Department must be made in accordance with standards prescribed by the
chief judge in consultation with an advisory committee of the chief judge's selection,
composed of persons of recognized and outstanding ability in the practice
of psychiatry or psychology or in the teaching or practice of social
service and public welfare work.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/6-5) (from Ch. 37, par. 806-5)
Sec. 6-5.
Compensation and expenses of personnel.
(1) The compensation of the several officers or grades of officers and
other personnel of the Probation Department and the Psychiatric Department,
if any, or the Court Services Department, shall be determined by the county
board of any county not within a probation district or by the budget
committee representative of all county boards of counties within any
probation district. Department personnel shall also be paid their actual
and necessary expenses incurred in the performance of their duties. The
compensation and actual and necessary expenses shall be paid at least
monthly out of the county treasury upon proper certification by the court.
(2) For the purpose of paying the compensation and expenses of personnel
of any Probation, Psychiatric or Court Services Department maintained by a
probation district, the county treasurer of each of the less populous
counties of the district shall pay its monthly pro rata share to the county
treasurer of the county in the district having the largest population
according to the most recent Federal census, who shall add his county's
share to the amounts so received and pay the compensation and expenses due
to such personnel.
(3) Personnel required to render Services to the circuit court in other
matters in addition to proceedings under this Act may be separately
compensated therefor under any applicable law. In the case of personnel of
the Probation Departments required by this Act, the amount of compensation
for services under this Act shall be specified by the county board or the
budget committee of the probation district, as the case may be.
(Source: P.A. 85-601.)
|
(705 ILCS 405/6-6) (from Ch. 37, par. 806-6)
Sec. 6-6.
State share of compensation of probation Personnel.
(1) Before
the 15th day of each month, beginning with August, 1966, there shall be
filed with the Supreme Court an itemized
statement of the amounts paid, by the county, probation district or
counties cooperating informally under Section 6-2, as compensation for
Services rendered under this Act pursuant to "An Act providing for a system
of probation, for the appointment and compensation of probation
officers, and authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain defined crimes
and offenses, and legalizing their ultimate discharge without punishment",
approved June 10, 1911, as amended.
(2) Such itemized statement shall be filed by the county treasurer,
or, in the case of a probation district or of counties cooperating
informally under Section 6-2, by the county treasurer of the most
populous county, and shall be certified as to amounts by such county
treasurer and the Supreme Court or its designee shall establish
a means of verifying compliance with this
Section in the manner of appointment or reappointment of and the
percentage of time spent by such personnel.
(3) The Supreme Court or its designee shall verify that conditions
contained in this Section have been met and transmit the statements to the
Comptroller who shall examine and audit the monthly statement and, upon
finding it correct, shall voucher for payment to the county treasurer
filing the same, for his county, probation district or group of co-operating
counties the amount of $1,000 per month for salaries of qualified
probation officers who are paid at least at the annual rate of $17,000.
(4) To qualify for State reimbursement under this Section, county
probation departments or probation districts must conform to the provisions
of "An Act providing for a system of probation, for the appointment and
compensation of probation officers, and authorizing the suspension of final
judgment and the imposition of sentence upon persons found guilty of
certain defined crimes and offenses, and legalizing their ultimate
discharge without punishment", approved June 10, 1911, as amended. Whether
or not a county probation department or probation district applies for
State reimbursement, such department or district must abide by the
personnel qualifications and hiring procedures promulgated by the Supreme
Court pursuant to "An Act providing for a system of probation, for the
appointment and compensation of probation
officers, and authorizing the suspension of final judgment and the
imposition of sentence upon persons found guilty of certain defined crimes
and offenses, and legalizing their ultimate discharge without punishment",
approved June 10, 1911, as amended.
(Source: P.A. 85-601.)
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(705 ILCS 405/6-7) (from Ch. 37, par. 806-7) Sec. 6-7. Financial responsibility of counties. (1) Each county board shall provide in its annual appropriation ordinance or annual budget, as the case may be, a reasonable sum for payments for the care and support of minors, and for payments for court appointed counsel in accordance with orders entered under this Act in an amount which in the judgment of the county board may be needed for that purpose. Such appropriation or budget item constitutes a separate fund into which shall be paid the moneys appropriated by the county board, and all reimbursements by other persons and by the State. For cases involving minors subject to Article III, IV, or V of this Act or minors under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of this Act, the county board shall not seek reimbursement from a minor or the minor's parent, guardian, or legal custodian. (2) No county may be charged with the care and support of any minor who is not a resident of the county unless the minor's parents or guardian are unknown or the minor's place of residence cannot be determined. (3) No order upon the county for care and support of a minor may be entered until the president or chairman of the county board has had due notice that such a proceeding is pending.(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
Sec. 6-8. Orders on county for care and support.
(1) Whenever a minor has been ordered held in detention or placed in shelter
care under Sections 2-7, 3-9, 4-6 or 5-410, the court may order the
county to
make monthly payments from the fund established pursuant to Section 6-7
in an amount necessary for the minor's care
and support, but not
for a period in excess of 90 days.
(2) Whenever a ward of the court is placed under Section 2-27, 3-28,
4-25 or 5-740, the court may order the county to make monthly
payments
from the fund established pursuant to Section 6-7 in an amount necessary
for the minor's care and support to the guardian of the person or legal
custodian appointed under this Act, or to the agency which such guardian
or custodian represents.
(3) The court may, when the health or condition of any minor subject
to this Act requires it, order the minor placed in a public hospital,
institution or agency for treatment or special care, or in a private
hospital, institution or agency which will receive the minor without charge to
the public authorities. If such treatment or care cannot be procured
without charge, the court may order the county to pay an amount for such
treatment from the fund established pursuant to Section 6-7. If the
placement is
to a hospital or institution, the amount to be paid shall not exceed
that paid by the county
department of public aid for the care of minors under like conditions,
or, if an agency, not more than that established by the Department of
Children and Family Services for the care of minors under like
conditions. On like order, the county shall pay, from the fund established
pursuant to Section 6-7, medical, surgical,
dental, optical and other fees and expenses which the court finds are
not within the usual scope of charges for the care and support of any
minor provided for under this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/6-9) (from Ch. 37, par. 806-9) Sec. 6-9. Enforcement of liability of parents and others. (1) If parentage is at issue in any proceeding under this Act, other than cases involving those exceptions to the definition of parent set out in item (11) in Section 1-3, then the Illinois Parentage Act of 2015 shall apply and the court shall enter orders consistent with that Act. If it appears at any hearing that a parent or any other person named in the petition, liable under the law for the support of the minor, is able to contribute to the minor's support, the court shall enter an order requiring that parent or other person to pay the clerk of the court, or to the guardian or custodian appointed under Section 2-27, a reasonable sum from time to time for the care, support, and necessary special care or treatment of the minor. If the court determines at any hearing that a parent or any other person named in the petition, liable under the law for the support of the minor, is able to contribute to help defray the costs associated with the minor's detention in a county or regional detention center, the court shall enter an order requiring that parent or other person to pay the clerk of the court a reasonable sum for the care and support of the minor. The court may require reasonable security for the payments. Upon failure to pay, the court may enforce obedience to the order by a proceeding as for contempt of court. Costs associated with detention, legal representation, or other services or programs under Article III, IV, or V of this Act shall not be ordered or imposed on a parent, guardian, or legal custodian liable under the law for the support of a minor. (2) (Blank). (3) If the minor is a recipient of public aid under the Illinois Public Aid Code, the court shall order that payments made by a parent or through assignment of the parent's wages, salary, or commission be made directly to (a) the Department of Healthcare and Family Services if the minor is a recipient of aid under Article V of the Code, (b) the Department of Human Services if the minor is a recipient of aid under Article IV of the Code, or (c) the local governmental unit responsible for the support of the minor if the minor is a recipient under Article VI or VII of the Code. The order shall permit the Department of Healthcare and Family Services, the Department of Human Services, or the local governmental unit, as the case may be, to direct that subsequent payments be made directly to the guardian or custodian of the minor, or to some other person or agency in the minor's behalf, upon removal of the minor from the public aid rolls; and upon such direction and removal of the minor from the public aid rolls, the Department of Healthcare and Family Services, the Department of Human Services, or the local governmental unit, as the case requires, shall give written notice of such action to the court. Payments received by the Department of Healthcare and Family Services, the Department of Human Services, or the local governmental unit are to be covered, respectively, into the General Revenue Fund of the State Treasury or the General Assistance Fund of the governmental unit, as provided in Section 10-19 of the Illinois Public Aid Code.(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/6-10) (from Ch. 37, par. 806-10) Sec. 6-10. State reimbursement of funds. (a) Before the 15th day of each month, the clerk of the court shall itemize all payments received by the clerk under Section 6-9 during the preceding month and shall pay such amounts to the county treasurer. Before the 20th day of each month, the county treasurer shall file with the Department of Children and Family Services an itemized statement of the amount of money for the care and shelter of a minor placed in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 or placed under Sections 2-27, 3-28, 4-25, or 5-740 before July 1, 1980 and after June 30, 1981, paid by the county during the last preceding month pursuant to court order entered under Section 6-8, certified by the court, and an itemized account of all payments received by the clerk of the court under Section 6-9 during the preceding month and paid over to the county treasurer, certified by the county treasurer. The Department of Children and Family Services shall examine and audit the monthly statement and account, and upon finding them correct, shall voucher for payment to the county a sum equal to the amount so paid out by the county less the amount received by the clerk of the court under Section 6-9 and paid to the county treasurer but not more than an amount equal to the current average daily rate paid by the Department of Children and Family Services for similar services pursuant to Section 5a of the Children and Family Services Act. Reimbursement to the counties under this Section for care and support of minors in licensed child caring institutions must be made by the Department of Children and Family Services only for care in those institutions which have filed with the Department a certificate affirming that they admit minors on the basis of need without regard to race or ethnic origin. (b) The county treasurer may file with the Department of Children and Family Services an itemized statement of the amount of money paid by the county during the last preceding month pursuant to court order entered under Section 6-8, certified by the court, and an itemized account of all payments received by the clerk of the court under Section 6-9 during the preceding month and paid over to the county treasurer, certified by the county treasurer. The Department of Children and Family Services shall examine and audit the monthly statement and account, and upon finding them correct, shall voucher for payment to the county a sum equal to the amount so paid out by the county less the amount received by the clerk of the court under Section 6-9 and paid to the county treasurer. Subject to appropriations for that purpose, the State shall reimburse the county for the care and shelter of a minor placed in detention as a result of any new provisions that are created by the Juvenile Justice Reform Provisions of 1998 (Public Act 90-590).(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/6-11) (from Ch. 37, par. 806-11)
Sec. 6-11.
Annual expenditures; limitation.
Reimbursements under
Section 6-10 for any fiscal year may not exceed 3% of the annual
appropriation from the General Revenue Fund to the Department of Children and
Family Services for its ordinary and contingent expenses for that fiscal year.
(Source: P.A. 85-601.)
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(705 ILCS 405/6-12)
Sec. 6-12. Juvenile justice councils.
(1) Each county, or any group of contiguous counties under an intergovernmental
agreement or, in
counties having a population of 3,000,000 or more, any township, or group of those townships, in the State of Illinois may, at the initiative of any State's Attorney, Public Defender, court services director, probation officer, county board member, regional superintendent of schools, sheriff,
chief of police, any judge serving in a juvenile court within
the jurisdiction, or governing body of any Redeploy Illinois
site serving any part of that area, establish a juvenile
justice council
("council"). (1.5) Each of the following officers or entities serving
any part of the area included in a juvenile justice
council shall designate a
representative to serve on the council: the sheriff, the State's Attorney,
Chief Probation Officer, the Public Defender, and each county board within the area of the council. Designation of members shall be made to the person or agency initiating formation of the council.
(a) Following designation of members, the council | ||
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(b) The chairperson shall, with the advice and | ||
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(c) The juvenile justice council shall meet monthly | ||
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(d) In counties having a population of 3,000,000 or | ||
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(2) The purpose of a juvenile justice council is: (a) To provide a forum for the development of a | ||
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(b) To inform the development of the local assessment | ||
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(3) The duties and responsibilities of the juvenile justice council
include, but are not limited to:
(a) Developing a juvenile justice plan based upon | ||
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(b) Entering into a written county interagency | ||
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(c) Applying for and receiving public or private | ||
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(d) (Blank).
(e) Assisting and directing the efforts of local | ||
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(f) Developing and making available a county-wide or | ||
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(g) Facilitating community based collaboration and | ||
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(h) Planning for and supporting applications for | ||
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(i) Planning for and supporting the development of | ||
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(3.5) A council which is the sole council serving any
part of the area of an established Redeploy Illinois
site may, in its discretion, and at the request of the
Redeploy Illinois governing body of the site, undertake
and maintain governance of the site under Section 16.1 of the Probation and Probation Officers Act. (4) The council shall have no role in the charging or prosecution of
juvenile offenders.
(Source: P.A. 99-435, eff. 1-1-16.)
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(705 ILCS 405/Art. VII heading) ARTICLE VII.
SAVINGS; REPEALER
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(705 ILCS 405/7-1) (from Ch. 37, par. 807-1)
Sec. 7-1.
Savings.
Notwithstanding the repeal provided for in Section 7-2:
(1) Any offense under the provisions of the Act thereby repealed which
has been committed before the effective date of this Act may be prosecuted and
punished after the effective date hereof in accordance with the provisions
of that Act.
(2) All civil proceedings instituted under the former Act and pending on
the effective date hereof shall be considered and treated as pending under
this Act and shall be conducted insofar as possible under the provisions of
this Act, without the necessity of amending petitions or other papers filed
therein, but to the extent considered appropriate by the court may be
conducted under the provisions of the former Act.
(3) Every order of court made by authority of the former Act and in
force immediately prior to the effective date hereof remains in force in
accordance with its terms until modified or terminated by further order of
the court.
(4) Probation districts made up of counties in more than one circuit,
created under the former Act, may continue in existence for the remainder
of the terms for which they were created, in accordance with the provisions
of that Act.
(5) A child welfare tax authorized to be levied in any county under
authority of the former Act, and not abandoned as provided in that Act,
shall continue to be levied until abandoned in the manner provided in this
Act.
(6) References to the former Act contained in other Acts in force on the
effective date hereof shall whenever appropriate be considered to be
references to this Act.
(Source: P.A. 85-601.)
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