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ARTICLE III. MINORS REQUIRING AUTHORITATIVE INTERVENTION
(705 ILCS 405/3-1)
Sec. 3-1. Jurisdictional facts.
Proceedings may be instituted
under this Article concerning boys and girls who require
authoritative
intervention as defined in Section 3-3 or who are truant minors
in need
of supervision as defined in Section 3-33.
(Source: P.A. 85-1235.)
(705 ILCS 405/3-2)
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.)
(705 ILCS 405/3-3)
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 his or her 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 his or her 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 his or her 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 his or her
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
his 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. 85-601.)
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(705 ILCS 405/3-4)
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
his or her
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 his or her 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. 87-1154.)
(705 ILCS 405/3-5)
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 his or her 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. If the parent, guardian or custodian refuses to
permit the
minor to return home, and no other living arrangement agreeable
to the
minor and the parent, guardian, or custodian can be made,
the agency
shall file a petition alleging that the minor is neglected or
abused as
described in Section 2-3 of this Act. No minor shall be sheltered
in a
temporary living arrangement for
more than 48 hours, excluding
Saturdays, Sundays and court-designated holidays,
without parental
consent unless the agency documents its unsuccessful efforts to
contact
a parent or guardian, including recording the date
and time and staff
involved in all telephone calls, telegrams,
letters, and personal
contacts to obtain the consent or authority, in which case the minor
may
be so sheltered for not more than 21 days.
(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. 85-601.)
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(705 ILCS 405/3-6)
Sec. 3-6. Alternative voluntary residential
placement. (a) A minor
and his or her 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 his or her
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 his
or her 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. 85-601.)
(705 ILCS 405/3-7)
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; 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 3-15 and the
court finds that the conduct and behavior of the minor may endanger
the
health, person, welfare, or property of himself or
others or that the
circumstances of his home environment may endanger his 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. 87-1154.)
(705 ILCS 405/3-8)
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 he or she 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 parent;
(c) station
adjustment, release of the minor to a parent, and
referral of the case to community services;
(d) station
adjustment, release of the minor to a parent, and
referral of the case to community services with
informal monitoring
by a juvenile police officer;
(e) station
adjustment and release of the minor to a third
person pursuant to agreement of the minor and parents;
(f) station
adjustment, release of the minor to a third person
pursuant to agreement of the minor and parents,
and referral of the
case to community services;
(g) station
adjustment, release of the minor to a third person
pursuant to agreement of
the minor and parent, and referral to
community services with informal monitoring
by a juvenile police
officer;
(h) release
of the minor to his or her parents and referral of
the case to a county juvenile probation officer
or such other public
officer designated by the court;
(i) release
of the minor to school officials of his school
during regular school hours;
(j) if the juvenile
police officer reasonably believes that
there is an urgent and
immediate necessity to keep the minor in
custody, the juvenile police 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; and
(k) any other
appropriate action with consent of the minor and
a parent.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/3-9)
Sec. 3-9. Temporary custody; shelter care.
Any minor taken into
temporary custody pursuant to this Act who requires care
away from his
or her 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. 85-601.)
(705 ILCS 405/3-10)
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 his or her being taken into custody.
The minor
shall be immediately released to the
custody of his or her 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. 90-590, eff. 1-1-99.)
(705 ILCS 405/3-11)
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 he 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, he 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. 87-759.)
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(705 ILCS 405/3-12)
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,
his or her parent, guardian, custodian and other persons able
to give
relevant testimony shall be examined
before the court. After such
testimony, the court may enter an order that the minor shall be released
upon the request of a parent, guardian or custodian
if the parent,
guardian or custodian appears to take custody. Custodian
shall include
any agency of the State which has been given custody or wardship
of the
child. The Court shall require documentation by representatives
of the
Department of Children and Family Services or the probation
department
as to the reasonable efforts that were made to prevent or eliminate
the
necessity of removal of the minor
from his or her home, and shall
consider the testimony of any person as to those reasonable efforts.
If
the court finds that it is a matter of immediate
and urgent necessity
for the protection of the minor or of the person or property of
another
that the minor be placed in a shelter care facility, or
that he or she
is likely to flee the jurisdiction of the court, and further finds
that
reasonable efforts have been made or
good cause has been shown why
reasonable efforts cannot prevent or eliminate the necessity of
removal
of the minor from his or her home, the court may prescribe shelter
care
and order that the minor be kept in a suitable place designated
by the
court or in a shelter care facility designated
by the Department of
Children and Family Services or a licensed
child welfare agency;
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 his family to ameliorate the causes contributing to the finding
of probable cause or to the finding of the existence of
immediate and
urgent necessity. Acceptance of services
shall not be considered an
admission of any allegation in a petition made pursuant to this Act,
nor
may a referral of services be considered as evidence in any
proceeding
pursuant to this Act, except where the issue is whether
the Department
has made reasonable efforts to reunite the
family. In making its
findings that reasonable efforts have been made or that
good cause has
been shown why reasonable efforts cannot prevent
or eliminate the
necessity of removal of the minor from his or her home, the court
shall
state in writing its findings concerning the nature of the services
that
were offered or the efforts that were made to prevent removal
of the
child and the apparent reasons that such services or efforts
could not
prevent the need for removal. The
parents, guardian, custodian,
temporary custodian and minor shall each be furnished a
copy of such
written findings. The temporary custodian shall maintain
a copy of the
court order and written findings in the case record for the child.
The order together with the court's findings
of fact 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 cannot afford
one.
2. To ask the
court to continue the hearing to allow them time
to prepare.
3. To present
evidence concerning:
a. Whether or not the child or children
were abused,
neglected or dependent.
b. Whether or not there is "immediate
and urgent
necessity" to
remove the child from home (including: their
ability to
care for the child, conditions in the
home,
alternative means
of protecting the child other than removal).
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 hearing.
2. That you
did not get adequate notice (explaining how the
notice was inadequate).
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 present
testimony concerning:
a. Whether they are abused, neglected or dependent.
b. Whether there is "immediate and urgent necessity"
to
be removed from home.
c. Their best interests.
3. To cross
examine witnesses for other parties.
4. To
obtain an explanation of any proceedings and orders of
the court.
(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, he or she 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 17 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 necessity
that the minor remain in shelter care; or
(b) There
is a material change in the circumstances of the
natural family from which the minor was removed;
or
(c) A person,
including a parent, relative or legal guardian,
is capable of assuming temporary custody of the
minor; or
(d) Services
provided by the Department of Children and Family
Services or a child welfare agency
or other service provider have
been successful in eliminating the need for temporary
custody.
The clerk shall set the matter for hearing not later
than 14 days
after such motion is filed. In the event
that the court modifies or
vacates a temporary custody order but does not vacate its
finding of
probable cause, the court may order
that appropriate services be
continued or initiated in behalf of the minor and his or her family.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/3-13)
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.)
(705 ILCS 405/3-14)
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 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 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 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 probation
officer involved;
(c) up to 6
months informal supervision with release to
a
person other than parent;
(d) referral
to special educational, counseling or other
rehabilitative social or educational programs;
(e) referral
to residential treatment programs; and
(f) any other
appropriate action with consent of the minor and
a parent.
(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. 90-590, eff. 1-1-99.)
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(705 ILCS 405/3-15)
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 and set forth (a) facts sufficient
to bring
the minor under Section 3-3 or 3-33; (b) the name, age and residence
of
the minor; (c) the names and residences of his parents; (d) the name
and
residence of his 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 he 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. 85-1209; 85-1235; 86-1440.)
(705 ILCS 405/3-16)
Sec. 3-16. Date for adjudicatory hearing.
(a)
Until January 1,
1988:
(1) When a petition has been
filed alleging that the minor requires
authoritative intervention, an adjudicatory hearing shall
be held within
120 days. The 120 day period in which an adjudicatory
hearing shall be
held is tolled by: (A) delay occasioned by the
minor; (B) 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 (C) 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. Where no such adjudicatory hearing is held
within 120 days,
the court may, on written motion of a minor's guardian
ad litem, dismiss
the petition with respect to
such minor. Such dismissal shall be
without prejudice.
Where the court
determines that the State exercised, without
success, 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 written motion by the
State, continue the matter for not more than 30 additional
days.
(2) In the case of a minor
ordered held in shelter care, the
hearing on the petition must be held
within 10 judicial days from the
date of the order of the court 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. Delay
occasioned by the respondent shall
temporarily suspend, for the time of the delay, the period
within which
a respondent must be tried pursuant to this Section.
Upon failure to
comply with the time limits specified in this
subsection (a)(2), the minor shall be immediately
released. The time
limits specified in subsection (a)(1) shall still apply.
(3) Nothing in this Section
prevents the minor's exercise of his or
her right to waive any time limits set forth in this
Section.
(b) Beginning January 1, 1988:
(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. 85-601.)
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(705 ILCS 405/3-17)
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 his
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 his 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 he 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 his appearance.
(Source: P.A. 86-441.)
(705 ILCS 405/3-18)
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 his or her last
known address. The
certificate of the clerk that he
or she 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. 91-357, eff. 7-29-99.)
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(705 ILCS 405/3-19)
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 victim of
sexual abuse or misconduct; or
(b) such petition
alleges that charges alleging the commission
of any of the sex
offenses defined in Article 11 or in Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal
Code of 1961,
as amended, have been filed
against a defendant in any court and
that such minor is the alleged victim of the acts
of the defendant
in the commission of such offense.
(2) Unless the guardian
ad litem appointed pursuant to paragraph
(1) is an attorney at law he shall be represented in the performance
of
his 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 the minor
appears at the first or any subsequent hearing of
the case;
(b) the
petition prays for the appointment of a guardian with
power to consent to adoption; or
(c) the petition
for which the minor is before the court
resulted from a report made
pursuant to the Abused and Neglected
Child Reporting Act.
(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 his 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 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.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
(705 ILCS 405/3-20)
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.)
(705 ILCS 405/3-21)
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, his parent, guardian, custodian,
responsible
relative, defense attorney or the State's Attorney.
(2) If the minor, his parent,
guardian, custodian, responsible
relative, 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 his home subject to such
conditions concerning his 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) The court must
impose upon a minor under an order
of
continuance under supervision or an order of disposition
under this
Article III, as a condition of the order, a fee of $25 for each month
or
partial month of supervision with a probation
officer. If the court
determines the inability of the minor, or the parent, guardian, or
legal
custodian of the minor to pay the fee, the court may impose
a lesser
fee. The court may not impose the fee on a minor who is
made a ward of
the State under this Act. The fee may be imposed only upon a
minor who
is actively supervised by the probation and court services
department.
The fee must be collected by the clerk of the circuit court.
The clerk
of the circuit court must pay all monies collected from this
fee to the
county treasurer for deposit into the probation and court services
fund
under Section 15.1 of the Probation and Probation Officers Act.
(Source: P.A. 92-329, eff. 8-9-01.)
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(705 ILCS 405/3-22)
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
he
or she 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 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.)
(705 ILCS 405/3-23)
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 he be made a ward
of
the court, and, if he 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
his
or her home before an order of disposition has been made.
(Source: P.A. 85-601.)
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(705 ILCS 405/3-24)
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 his or her 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
Mature Minors Act; or (e) subject to having his or her driver's
license
or driving privilege suspended for such time as determined by the
Court
but only until he or she 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) The court must
impose upon a minor under an order
of
continuance under supervision or an order of disposition
under this
Article III, as a condition of the order, a fee of $25 for each month
or
partial month of supervision with a probation
officer. If the court
determines the inability of the minor, or the parent, guardian, or
legal
custodian of the minor to pay the fee, the court may impose
a lesser
fee. The court may not impose the fee on a minor who is
made a ward of
the State under this Act. The fee may be imposed only upon a
minor who
is actively supervised by the probation and court services
department.
The fee must be collected by the clerk of the circuit court.
The clerk
of the circuit court must pay all monies collected from this
fee to the
county treasurer for deposit into the probation and court services
fund
under Section 15.1 of the Probation and Probation Officers Act.
(Source: P.A. 92-329, eff. 8-9-01.)
(705 ILCS 405/3-25)
Sec. 3-25. Protective supervision. If
the order of disposition
releases the minor to the custody of
his parents, guardian or legal
custodian, or continues him 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. 85-601.)
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(705 ILCS 405/3-26)
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 periods;
(c) To
abstain from offensive conduct against the minor, his
parent or any person to whom custody of the minor
is awarded;
(d) To give
proper attention to the care of the home;
(e) To cooperate
in good faith with an agency to which custody
of a minor is entrusted
by the court or with an agency
or
association to which the minor is referred by the
court;
(f) To
prohibit and prevent any contact whatsoever with the
respondent minor by a specified individual or
individuals who are
alleged in either a criminal or juvenile
proceeding to have caused
injury to a respondent minor or a sibling of a respondent
minor;
(g) To refrain
from acts of commission or omission that tend
to make the home not a proper place for the minor.
(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 under Section
12-4.1, aggravated battery of a child under
Section 12-4.3, criminal
sexual assault under Section 12-13, aggravated criminal sexual
assault
under Section 12-14, predatory criminal sexual assault of a child
under
Section 12-14.1, criminal sexual abuse
under Section 12-15, or
aggravated criminal sexual abuse under Section
12-16 of the Criminal
Code of 1961, 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 Department of State Police within 24 hours
of
receipt, in the form and manner
required by the Department. The
Department of 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 him 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. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 90-655,
eff.
7-30-98.)
(705 ILCS 405/3-27)
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 him 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 him 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
his legal
authority as such peace officer, otherwise
to aid in securing the
protection the order is intended to afford.
(Source: P.A. 85-601.)
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(705 ILCS 405/3-28)
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 him from the custody
of his parents,
guardian or custodian, the court may:
(a) place
him in the custody of a suitable relative or other
person;
(b) place him
under the guardianship of a probation officer;
(c) commit him
to an agency for care or placement, except an
institution under the authority of the Department
of Corrections or
of the Department of Children and Family Services;
(d) commit him
to some licensed training school or industrial
school; or
(e) commit him
to any appropriate institution having among its
purposes the care of
delinquent children, including a child
protective facility maintained
by a Child Protection District
serving the county from which commitment is made,
but not including
any institution under the authority of the Department
of Corrections
or of the Department of Children and Family Services.
(2) When making such placement, the court,
wherever possible, shall
select a person holding the same religious belief as that
of the minor
or a private agency controlled by persons of like religious faith of
the
minor and shall require the Department of Children and Family
Services
to otherwise comply with Section 7 of the Children and
Family Services
Act in placing the child. In addition, whenever alternative
plans for
placement are available, the court shall ascertain and consider,
to the
extent appropriate in the particular case, the views and preferences
of
the minor.
(3) When a minor is
placed with a suitable relative or other
person, the court shall appoint him the legal custodian or guardian
of
the person of the minor. When a minor is committed
to any agency, the
court shall appoint the proper officer or representative
thereof as
legal custodian or guardian of the person of the minor. Legal custodians
and guardians of the person of the minor have the respective
rights and
duties set forth in paragraph (9) of Section 1-3 except
as otherwise
provided by order of the court;
but no guardian of the person may
consent to adoption of the minor unless that authority is conferred
upon
him in accordance with Section 3-30. An agency whose representative
is
appointed guardian of the person or legal custodian
of the minor may
place him in any child care facility, but such facility must be licensed
under the Child Care Act of 1969 or have been approved by the Department
of Children and Family Services as meeting the standards established
for
such licensing. No agency may place such minor in a child care
facility
unless such placement is in compliance with the rules
and regulations
for placement under this Section promulgated
by the Department of
Children and Family Services under Section
5 of "An Act creating the
Department of Children and Family Services, codifying its
powers and
duties, and repealing certain Acts and
Sections herein named". Like
authority and restrictions shall be conferred by the
court upon any
probation officer who has been appointed guardian
of the person of a
minor.
(4) No placement by any
probation officer or agency whose
representative is appointed guardian of the person or legal custodian
of
a minor may be made in any out of State child care
facility unless it
complies with the Interstate Compact on the Placement of Children.
(5) The clerk of the court shall issue to
such legal custodian or
guardian of the person a certified copy of the order
of the court, as
proof of his authority. No other process is necessary as authority
for
the keeping of the minor.
(6) Custody or guardianship granted
hereunder continues until the
court otherwise directs, but not after the minor reaches the age
of 19
years except as set forth in Section 3-32.
(Source: P.A. 89-422.)
(705 ILCS 405/3-29)
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 him into court and require him
or
his agency, to make a full and accurate report of his or
its doings in
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 his stead or
restore the
minor to the custody of his 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 his 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 his 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
his
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 his consent until given notice and an opportunity
to be
heard by the court.
(Source: P.A. 85-601.)
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(705 ILCS 405/3-30)
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 "An Act in
relation
to the adoption of persons, and to repeal
an Act therein named",
approved July 17, 1959, as amended, or
with like consent his or her
parent or parents may, in the manner required by such Act, surrender
him
or her 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 "An Act in relation to the adoption
of
persons, and to repeal an Act therein named", approved July 17, 1959,
as
amended, may empower the guardian of the person
of the minor, in the
order appointing him or her 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 him or her, and
frees the minor from all
obligations of maintenance and obedience to his or her 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 "An Act in relation to the adoption of persons, and
to
repeal an Act therein named", approved July 17, 1959, as amended, 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. 85-601.)
(705 ILCS 405/3-31)
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 Clerk an
original and one copy of a notice together with
an Affidavit setting
forth the putative father's last known address.
The original notice
shall be retained by the Clerk.
(b) The Clerk
forthwith shall mail to the putative father, at
the address appearing in
the Affidavit, the copy of the notice,
certified mail, return receipt requested; the
envelope and return
receipt shall bear the return address of the
Clerk. The receipt for
certified mail shall state the name and address
of the addressee,
and the date of mailing,
and shall be attached to the original
notice.
(c) The return
receipt, when returned to the Clerk, shall be
attached to the original
notice, and shall constitute proof of
service.
(d) The Clerk
shall note the fact of service in a permanent
record.
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)
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 his 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 he
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. 87-14.)
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(705 ILCS 405/3-33)
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