Bill Text: IL HB1596 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends various Acts concerning children by: replacing certain pronouns with the nouns to which the pronouns refer; replacing certain instances of the word "biological"; changing the Independent Juvenile Ombudsman to the Independent Juvenile Ombudsperson; deleting certain obsolete language; and making technical and other changes. Effective 60 days after becoming law.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Passed) 2023-06-09 - Public Act . . . . . . . . . 103-0022 [HB1596 Detail]

Download: Illinois-2023-HB1596-Engrossed.html

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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Sections 4b, 5, 5c, 5d, 7, 7.3, 7.3a, 7.4, 7.5,
7.8, 8, 8a, 8b, 9.3, 9.5, 17, 21, 35.5, 35.6, and 35.9 and by
changing Section 5.26 (as added by Public Act 102-763) as
follows:
(20 ILCS 505/4b)
Sec. 4b. Youth transitional housing programs.
(a) The Department may license youth transitional housing
programs. For the purposes of this Section, "youth
transitional housing program" means a program that provides
shelter or housing and services to eligible homeless minors.
Services provided by the youth transitional housing program
may include a service assessment, individualized case
management, and life skills training. The Department shall
adopt rules governing the licensure of those programs.
(b) A homeless minor is eligible if:
(1) the homeless minor he or she is at least 16 years
of age but less than 18 years of age;
(2) the homeless minor lacks a regular, fixed, and
adequate place to live;

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(3) the homeless minor is living apart from the
minor's his or her parent or guardian;
(4) the homeless minor desires to participate in a
licensed youth transitional housing program;
(5) a licensed youth transitional housing program is
able to provide housing and services;
(6) the licensed youth transitional housing program
has determined the homeless minor is eligible for the
youth transitional housing program; and
(7) either the homeless minor's parent has consented
to the transitional housing program or the minor has
consented after:
(A) a comprehensive community based youth service
agency has provided crisis intervention services to
the homeless minor under Section 3-5 of the Juvenile
Court Act of 1987 and the agency was unable to achieve
either family reunification or an alternate living
arrangement;
(B) the Department has not filed a petition
alleging that the homeless minor is abused or
neglected and the minor does not require placement in
a residential facility, as defined by 89 Ill. Adm.
Code 301.20;
(C) the youth transitional housing program or
comprehensive community based youth services agency
has made reasonable efforts and documented its

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attempts to notify the homeless minor's parent or
guardian of the homeless minor's intent to enter the
youth transitional housing program.
(d) If an eligible homeless minor voluntarily leaves or is
dismissed from a youth transitional housing program prior to
reaching the age of majority, the youth transitional housing
program agency shall contact the comprehensive community based
youth services agency that provided crisis intervention
services to the eligible homeless minor under subdivision
(b)(7)(A) of this Section to assist in finding an alternative
placement for the minor. If the eligible homeless minor leaves
the program before beginning services with the comprehensive
community based youth service provider, then the youth
transitional housing program shall notify the local law
enforcement authorities and make reasonable efforts to notify
the minor's parent or guardian that the minor has left the
program.
(e) Nothing in this Section shall be construed to require
an eligible homeless minor to acquire the consent of a parent,
guardian, or custodian to consent to a youth transitional
housing program. An eligible homeless minor is deemed to have
the legal capacity to consent to receiving housing and
services from a licensed youth transitional housing program.
(f) The purpose of this Section is to provide a means by
which an eligible homeless minor may have the authority to
consent, independent of the homeless minor's his or her

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parents or guardian, to receive housing and services as
described in subsection (a) of this Section provided by a
licensed youth transitional housing program that has the
ability to serve the homeless minor. This Section is not
intended to interfere with the integrity of the family or the
rights of parents and their children. This Section does not
limit or exclude any means by which a minor may become
emancipated.
(Source: P.A. 100-162, eff. 1-1-18.)
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987 and who continue under the jurisdiction of the
court; or
(B) were accepted for care, service and training
by the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be

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served by continuing that care, service and training
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless,
dependent, or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have

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been removed, by the provision of services to the
child and the families when the child can be cared for
at home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the birth biological
family is not safe, possible, or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section 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;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure

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child care facility. The Department is not required to
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (Blank).
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract

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or the remaining months of the fiscal year, whichever is less,
and the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies
for child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including, but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court

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Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance
use disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor
to the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following

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services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were
youth in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have

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been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the
child's adoptive parents died and ending with the finalization
of the new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.

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(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and
Neglected Child Reporting Act, to help families, including
adoptive and extended families. Family preservation services
shall be offered (i) to prevent the placement of children in
substitute care when the children can be cared for at home or
in the custody of the person responsible for the children's
welfare, (ii) to reunite children with their families, or
(iii) to maintain an adoptive placement. Family preservation
services shall only be offered when doing so will not endanger
the children's health or safety. With respect to children who
are in substitute care pursuant to the Juvenile Court Act of
1987, family preservation services shall not be offered if a
goal other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a

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private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and the child's his
family of the Department's responsibility to offer and provide
family preservation services as identified in the service
plan. The child and the child's his family shall be eligible
for services as soon as the report is determined to be
"indicated". The Department may offer services to any child or
family with respect to whom a report of suspected child abuse
or neglect has been filed, prior to concluding its
investigation under Section 7.12 of the Abused and Neglected
Child Reporting Act. However, the child's or family's
willingness to accept services shall not be considered in the
investigation. The Department may also provide services to any
child or family who is the subject of any report of suspected
child abuse or neglect or may refer such child or family to
services available from other agencies in the community, even
if the report is determined to be unfounded, if the conditions
in the child's or family's home are reasonably likely to

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subject the child or family to future reports of suspected
child abuse or neglect. Acceptance of such services shall be
voluntary. The Department may also provide services to any
child or family after completion of a family assessment, as an
alternative to an investigation, as provided under the
"differential response program" provided for in subsection
(a-5) of Section 7.4 of the Abused and Neglected Child
Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. 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 by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition

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to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. 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 by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition
to reinstate wardship pursuant to subsection (2) of Section
2-33 of the Juvenile Court Act of 1987. 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. The Department shall assign a caseworker to
attend any hearing involving a youth in the care and custody of
the Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and

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stress of caring for a child who has been diagnosed with a
pervasive developmental disorder if the Department determines
that those services are necessary to ensure the health and
safety of the child. The Department may offer services to any
family whether or not a report has been filed under the Abused
and Neglected Child Reporting Act. The Department may refer
the child or family to services available from other agencies
in the community if the conditions in the child's or family's
home are reasonably likely to subject the child or family to
future reports of suspected child abuse or neglect. Acceptance
of these services shall be voluntary. The Department shall
develop and implement a public information campaign to alert
health and social service providers and the general public
about these special family preservation services. The nature
and scope of the services offered and the number of families
served under the special program implemented under this
paragraph shall be determined by the level of funding that the
Department annually allocates for this purpose. The term
"pervasive developmental disorder" under this paragraph means
a neurological condition, including, but not limited to,
Asperger's Syndrome and autism, as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(l-1) The General Assembly legislature recognizes that the
best interests of the child require that the child be placed in
the most permanent living arrangement as soon as is

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practically possible. To achieve this goal, the General
Assembly legislature directs the Department of Children and
Family Services to conduct concurrent planning so that
permanency may occur at the earliest opportunity. Permanent
living arrangements may include prevention of placement of a
child outside the home of the family when the child can be
cared for at home without endangering the child's health or
safety; reunification with the family, when safe and
appropriate, if temporary placement is necessary; or movement
of the child toward the most permanent living arrangement and
permanent legal status.
When determining reasonable efforts to be made with
respect to a child, as described in this subsection, and in
making such reasonable efforts, the child's health and safety
shall be the paramount concern.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs unless otherwise required, pursuant to the Juvenile
Court Act of 1987. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further

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reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family
to provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or by

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the parent having custody of the child if the parents are
not living together or by the guardian or custodian of the
child if the child is not in the custody of either parent,
or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in the child's his or her residence
without a parent, guardian, custodian, or responsible
caretaker, the Department may, instead of removing the child
and assuming temporary custody, place an authorized
representative of the Department in that residence until such
time as a parent, guardian, or custodian enters the home and
expresses a willingness and apparent ability to ensure the
child's health and safety and resume permanent charge of the
child, or until a relative enters the home and is willing and
able to ensure the child's health and safety and assume charge
of the child until a parent, guardian, or custodian enters the
home and expresses such willingness and ability to ensure the
child's safety and resume permanent charge. After a caretaker
has remained in the home for a period not to exceed 12 hours,
the Department must follow those procedures outlined in
Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile Court Act of
1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have

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pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3 of
the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if the child he were not in the temporary custody of
the Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is so
filed, the Department shall retain temporary custody of the
child until the court orders otherwise. If a petition is not

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filed within the 10-day period, the child shall be surrendered
to the custody of the requesting parent, guardian, or
custodian not later than the expiration of the 10-day period,
at which time the authority and duties of the Department with
respect to the temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the
Director or the Director's designate prior to admission to the
facility subject to Section 2-27.1 of the Juvenile Court Act
of 1987. This subsection (m-1) does not apply to a child who is
subject to placement in a correctional facility operated
pursuant to Section 3-15-2 of the Unified Code of Corrections,
unless the child is a youth in care who was placed in the care
of the Department before being subject to placement in a
correctional facility and a court of competent jurisdiction
has ordered placement of the child in a secure care facility.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for board,
clothing, care, training and supervision of any child placed

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in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical disability,
social adjustment, or any combination thereof and suitable
facilities for the placement of such children are not
available at payment rates within the limitations set forth in
this Section. All reimbursements for services delivered shall
be absolutely inalienable by assignment, sale, attachment, or
garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have

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responsibility for the development and delivery of services
under this Section. An eligible youth may access services
under this Section through the Department of Children and
Family Services or by referral from the Department of Human
Services. Youth participating in services under this Section
shall cooperate with the assigned case manager in developing
an agreement identifying the services to be provided and how
the youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan.
The Department of Children and Family Services shall create
clear, readable notice of the rights of former foster youth to
child welfare services under this Section and how such
services may be obtained. The Department of Children and
Family Services and the Department of Human Services shall
disseminate this information statewide. The Department shall
adopt regulations describing services intended to assist
minors in achieving sustainable self-sufficiency as
independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the Department.

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Youth in care who are placed by private child welfare
agencies, and foster families with whom those youth are
placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
ensure that any private child welfare agency, which accepts
youth in care for placement, affords those rights to children
and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made
by (i) a child or foster family concerning a decision
following an initial review by a private child welfare agency
or (ii) a prospective adoptive parent who alleges a violation
of subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a
current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are

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or may become entitled while under the jurisdiction or care of
the Department, except that the benefits described in Section
5.46 must be used and conserved consistent with the provisions
under Section 5.46.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for
Veterans' Benefits, Social Security benefits, assistance
allotments from the armed forces, court ordered payments,
parental voluntary payments, Supplemental Security Income,
Railroad Retirement payments, Black Lung benefits, or other
miscellaneous payments. Interest earned by each account shall
be credited to the account, unless disbursed in accordance
with this subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or the Guardianship
Administrator's his or her designee must approve
disbursements from children's accounts. The Department
shall be responsible for keeping complete records of all
disbursements for each account for any purpose.
(2) Calculate on a monthly basis the amounts paid from

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State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or the child's his or her guardian, or to the issuing
agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all persons
who have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names
of such children who have not been placed for adoption. A list
of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an

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agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and
of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for
such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither

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party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) In addition to other information that must be
provided, whenever the Department places a child with a
prospective adoptive parent or parents, in a licensed foster
home, group home, or child care institution, or in a relative
home, the Department shall provide to the prospective adoptive
parent or parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child;
and
(3) information containing details of the child's

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individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall

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provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker
shall be reviewed and approved regarding accuracy at the
supervisory level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois State Police Law if the Department determines
the information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The
Department shall provide for interactive computerized

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communication and processing equipment that permits direct
on-line communication with the Illinois State Police's central
criminal history data repository. The Department shall comply
with all certification requirements and provide certified
operators who have been trained by personnel from the Illinois
State Police. In addition, one Office of the Inspector General
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child,
the Department shall conduct a criminal records background
check of the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted
if the record check reveals a felony conviction for child
abuse or neglect, for spousal abuse, for a crime against
children, or for a crime involving violence, including rape,
sexual assault, or homicide, but not including other physical
assault or battery, or if there is a felony conviction for
physical assault, battery, or a drug-related offense committed
within the past 5 years.
(v-2) Prior to final approval for placement of a child,
the Department shall check its child abuse and neglect

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registry for information concerning prospective foster and
adoptive parents, and any adult living in the home. If any
prospective foster or adoptive parent or other adult living in
the home has resided in another state in the preceding 5 years,
the Department shall request a check of that other state's
child abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean 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. The plan shall
include descriptions of the types of facilities that are
needed in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such

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facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.
(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined

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in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit the employee's
or applicant's his or her fingerprints to the Illinois State
Police in the form and manner prescribed by the Illinois State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
State Police and the Federal Bureau of Investigation criminal
history records databases. The Illinois State Police shall
charge a fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the record check. The
Illinois State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Illinois State Police as a result of a fingerprint-based
criminal history records check of the Illinois criminal
history records database and the Federal Bureau of
Investigation criminal history records database concerning
a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of

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the Illinois State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 101-13, eff. 6-12-19; 101-79, eff. 7-12-19;
101-81, eff. 7-12-19; 102-538, eff. 8-20-21; 102-558, eff.
8-20-21; 102-1014, eff. 5-27-22.)
(20 ILCS 505/5c)
Sec. 5c. Direct child welfare service employee license.

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(a) By January 1, 2000, the Department, in consultation
with private child welfare agencies, shall develop and
implement a direct child welfare service employee license. By
January 1, 2001 all child protective investigators and
supervisors and child welfare specialists and supervisors
employed by the Department or its contractors shall be
required to demonstrate sufficient knowledge and skills to
obtain and maintain the license. The Direct Child Welfare
Service Employee License Board of the Department shall have
the authority to revoke or suspend the license of anyone who
after a hearing is found to be guilty of misfeasance. The
Department shall promulgate such rules as necessary to
implement this Section.
(b) If a direct child welfare service employee licensee is
expected to transport a child or children with a motor vehicle
in the course of performing the direct child welfare service
employee licensee's his or her duties, the Department must
verify that the licensee meets the requirements set forth in
Section 5.1 of the Child Care Act of 1969. The Department must
make that verification as to each such licensee every 2 years.
Upon the Department's request, the Secretary of State shall
provide the Department with the information necessary to
enable the Department to make the verifications required under
this subsection. If the Department discovers that a direct
child welfare service employee licensee has engaged in
transporting a child or children with a motor vehicle without

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having a valid driver's license, the Department shall
immediately revoke the individual's direct child welfare
service employee license.
(c) On or before January 1, 2000, and every year
thereafter, the Department shall submit an annual report to
the General Assembly on the implementation of this Section.
(Source: P.A. 94-943, eff. 1-1-07.)
(20 ILCS 505/5d)
Sec. 5d. The Direct Child Welfare Service Employee License
Board.
(a) For purposes of this Section:
(1) "Board" means the Direct Child Welfare Service
Employee License Board.
(2) "Director" means the Director of Children and
Family Services.
(b) The Direct Child Welfare Service Employee License
Board is created within the Department of Children and Family
Services and shall consist of 9 members appointed by the
Director. The Director shall annually designate a chairperson
and vice-chairperson of the Board. The membership of the Board
must be composed as follows: (i) 5 licensed professionals from
the field of human services with a human services, juris
doctor, medical, public administration, or other relevant
human services degree and who are in good standing within
their profession, at least 2 of which must be employed in the

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private not-for-profit sector and at least one of which in the
public sector; (ii) 2 faculty members of an accredited
university who have child welfare experience and are in good
standing within their profession and (iii) 2 members of the
general public who are not licensed under this Act or a similar
rule and will represent consumer interests.
In making the first appointments, the Director shall
appoint 3 members to serve for a term of one year, 3 members to
serve for a term of 2 years, and 3 members to serve for a term
of 3 years, or until their successors are appointed and
qualified. Their successors shall be appointed to serve 3-year
terms, or until their successors are appointed and qualified.
Appointments to fill unexpired vacancies shall be made in the
same manner as original appointments. No member may be
reappointed if a reappointment would cause that member to
serve on the Board for longer than 6 consecutive years. Board
membership must have reasonable representation from different
geographic areas of Illinois, and all members must be
residents of this State.
The Director may terminate the appointment of any member
for good cause, including but not limited to (i) unjustified
absences from Board meetings or other failure to meet Board
responsibilities, (ii) failure to recuse oneself himself or
herself when required by subsection (c) of this Section or
Department rule, or (iii) failure to maintain the professional
position required by Department rule. No member of the Board

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may have a pending or indicated report of child abuse or
neglect or a pending complaint or criminal conviction of any
of the offenses set forth in paragraph (b) of Section 4.2 of
the Child Care Act of 1969.
The members of the Board shall receive no compensation for
the performance of their duties as members, but each member
shall be reimbursed for the member's his or her reasonable and
necessary expenses incurred in attending the meetings of the
Board.
(c) The Board shall make recommendations to the Director
regarding licensure rules. Board members must recuse
themselves from sitting on any matter involving an employee of
a child welfare agency at which the Board member is an employee
or contractual employee. The Board shall make a final
determination concerning revocation, suspension, or
reinstatement of an employee's direct child welfare service
license after a hearing conducted under the Department's
rules. Upon notification of the manner of the vote to all the
members, votes on a final determination may be cast in person,
by telephonic or electronic means, or by mail at the
discretion of the chairperson. A simple majority of the
members appointed and serving is required when Board members
vote by mail or by telephonic or electronic means. A majority
of the currently appointed and serving Board members
constitutes a quorum. A majority of a quorum is required when a
recommendation is voted on during a Board meeting. A vacancy

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in the membership of the Board shall not impair the right of a
quorum to perform all the duties of the Board. Board members
are not personally liable in any action based upon a
disciplinary proceeding or otherwise for any action taken in
good faith as a member of the Board.
(d) The Director may assign Department employees to
provide staffing services to the Board. The Department must
promulgate any rules necessary to implement and administer the
requirements of this Section.
(Source: P.A. 102-45, eff. 1-1-22.)
(20 ILCS 505/5.26)
Sec. 5.26. Foster children; exit interviews.
(a) Unless clinically contraindicated, the Department
shall ensure that an exit interview is conducted with every
child age 5 and over who leaves a foster home.
(1) The interview shall be conducted by a caseworker,
mental health provider, or clinician from the Department's
Division of Clinical Practice.
(2) The interview shall be conducted within 5 days of
the child's removal from the home.
(3) The interviewer shall comply with the provisions
of the Abused and Neglected Child Reporting Act if the
child discloses abuse or neglect as defined by that Act.
(4) The interviewer shall immediately inform the
licensing agency if the child discloses any information

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that would constitute a potential licensing violation.
(5) Documentation of the interview shall be (i)
maintained in the foster parent's licensing file, (ii)
maintained in the child's case file, (iii) included in the
service plan for the child, and (iv) and provided to the
child's guardian ad litem and attorney appointed under
Section 2-17 of the Juvenile Court Act of 1987.
(6) The determination that an interview in compliance
with this Section is clinically contraindicated shall be
made by the caseworker, in consultation with the child's
mental health provider, if any, and the caseworker's
supervisor. If the child does not have a mental health
provider, the caseworker shall request a consultation with
the Department's Division of Clinical Practice regarding
whether an interview is clinically contraindicated. The
decision and the basis for the decision shall be
documented in writing and shall be (i) maintained in the
foster parent's licensing file, (ii) maintained in the
child's case file, and (iii) attached as part of the
service plan for the child.
(7) The information gathered during the interview
shall be dependent on the age and maturity of the child and
the circumstances of the child's removal. The
interviewer's observations and any information relevant to
understanding the child's responses shall be recorded on
the interview form. At a minimum, the interview shall

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address the following areas:
(A) How the child's basic needs were met in the
home: who prepared food and was there sufficient food;
whether the child had appropriate clothing; sleeping
arrangements; supervision appropriate to the child's
age and special needs; was the child enrolled in
school; and did the child receive the support needed
to complete the child's his or her school work.
(B) Access to caseworker, therapist, or guardian
ad litem: whether the child was able to contact these
professionals and how.
(C) Safety and comfort in the home: how did the
child feel in the home; was the foster parent
affirming of the child's identity; did anything happen
that made the child happy; did anything happen that
was scary or sad; what happened when the child did
something the child he or she should not have done; if
relevant, how does the child think the foster parent
felt about the child's family of origin, including
parents and siblings; and was the foster parent
supportive of the permanency goal.
(D) Normalcy: whether the child felt included in
the family; whether the child participated in
extracurricular activities; whether the foster parent
participated in planning for the child, including
child and family team meetings and school meetings.

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(b) The Department shall develop procedures, including an
interview form, no later than January 1, 2023, to implement
this Section.
(c) Beginning July 1, 2023 and quarterly thereafter, the
Department shall post on its webpage a report summarizing the
details of the exit interviews.
(Source: P.A. 102-763, eff. 1-1-23; revised 12-19-22.)
(20 ILCS 505/7) (from Ch. 23, par. 5007)
Sec. 7. Placement of children; considerations.
(a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief
as the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
(a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
(b) In placing a child under this Act, the Department may

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place a child with a relative if the Department determines
that the relative will be able to adequately provide for the
child's safety and welfare based on the factors set forth in
the Department's rules governing relative placements, and that
the placement is consistent with the child's best interests,
taking into consideration the factors set out in subsection
(4.05) of Section 1-3 of the Juvenile Court Act of 1987.
When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify, locate, and provide notice to
all adult grandparents and other adult relatives of the child
who are ready, willing, and able to care for the child. At a
minimum, these efforts shall be renewed each time the child
requires a placement change and it is appropriate for the
child to be cared for in a home environment. The Department
must document its efforts to identify, locate, and provide
notice to such potential relative placements and maintain the
documentation in the child's case file.
If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
If, pursuant to the Department's rules, any person files

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an administrative appeal of the Department's decision not to
place a child with a relative, it is the Department's burden to
prove that the decision is consistent with the child's best
interests.
When the Department determines that the child requires
placement in an environment, other than a home environment,
the Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the
basis of its determination and maintain the documentation in
the child's case file.
If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation
resources or possible placement resources, the Department
shall document the basis of its determination and maintain the
documentation in the child's case file.
When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a

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visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult
member of the relative's household for any of the following
offenses under the Criminal Code of 1961 or the Criminal Code
of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses

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described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;
(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) 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;
(13) tampering with food, drugs, or cosmetics;
(14) drug-induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) aggravated stalking;
(16) home invasion;

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(17) vehicular invasion;
(18) criminal transmission of HIV;
(19) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (b) of Section 12-4.4a;
(20) child abandonment;
(21) endangering the life or health of a child;
(22) ritual mutilation;
(23) ritualized abuse of a child;
(24) an offense in any other state the elements of
which are similar and bear a substantial relationship to
any of the foregoing offenses.
For the purpose of this subsection, "relative" shall
include any person, 21 years of age or over, other than the
parent, who (i) is currently related to the child in any of the
following ways by blood or adoption: grandparent, sibling,
great-grandparent, parent's sibling, sibling's child uncle,
aunt, nephew, niece, first cousin, second cousin, godparent,
or grandparent's sibling great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-parent step-father, step-mother, or adult step-sibling
step-brother or step-sister; or (iv) is a fictive kin;
"relative" also includes a person related in any of the
foregoing ways to a sibling of a child, even though the person
is not related to the child, when the child and the child's its
sibling are placed together with that person. For children who

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have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary
custody or guardianship of the Department, a "relative" may
also include any person who would have qualified as a relative
under this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set
forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987. A relative with whom a child is placed
pursuant to this subsection may, but is not required to, apply
for licensure as a foster family home pursuant to the Child
Care Act of 1969; provided, however, that as of July 1, 1995,
foster care payments shall be made only to licensed foster
family homes pursuant to the terms of Section 5 of this Act.
Notwithstanding any other provision under this subsection
to the contrary, a fictive kin with whom a child is placed
pursuant to this subsection shall apply for licensure as a
foster family home pursuant to the Child Care Act of 1969
within 6 months of the child's placement with the fictive kin.
The Department shall not remove a child from the home of a
fictive kin on the basis that the fictive kin fails to apply
for licensure within 6 months of the child's placement with
the fictive kin, or fails to meet the standard for licensure.
All other requirements established under the rules and
procedures of the Department concerning the placement of a

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child, for whom the Department is legally responsible, with a
relative shall apply. By June 1, 2015, the Department shall
promulgate rules establishing criteria and standards for
placement, identification, and licensure of fictive kin.
For purposes of this subsection, "fictive kin" means any
individual, unrelated by birth or marriage, who:
(i) is shown to have significant and close personal or
emotional ties with the child or the child's family prior
to the child's placement with the individual; or
(ii) is the current foster parent of a child in the
custody or guardianship of the Department pursuant to this
Act and the Juvenile Court Act of 1987, if the child has
been placed in the home for at least one year and has
established a significant and family-like relationship
with the foster parent, and the foster parent has been
identified by the Department as the child's permanent
connection, as defined by Department rule.
The provisions added to this subsection (b) by Public Act
98-846 shall become operative on and after June 1, 2015.
(c) In placing a child under this Act, the Department
shall ensure that the child's health, safety, and best
interests are met. In rejecting placement of a child with an
identified relative, the Department shall ensure that the
child's health, safety, and best interests are met. In
evaluating the best interests of the child, the Department
shall take into consideration the factors set forth in

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subsection (4.05) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside the child's his or her home and cannot be
immediately returned to the child's his or her parents or
guardian, a comprehensive, individualized assessment shall be
performed of that child at which time the needs of the child
shall be determined. Only if race, color, or national origin
is identified as a legitimate factor in advancing the child's
best interests shall it be considered. Race, color, or
national origin shall not be routinely considered in making a
placement decision. The Department shall make special efforts
for the diligent recruitment of potential foster and adoptive
families that reflect the ethnic and racial diversity of the
children for whom foster and adoptive homes are needed.
"Special efforts" shall include contacting and working with
community organizations and religious organizations and may
include contracting with those organizations, utilizing local
media and other local resources, and conducting outreach
activities.
(c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if

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reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
To the extent that doing so is in the child's best interests as
set forth in subsection (4.05) of Section 1-3 of the Juvenile
Court Act of 1987, the Department should consider placements
that will permit the child to maintain a meaningful
relationship with the child's his or her parents.
(d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
(e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 99-143, eff. 7-27-15; 99-340, eff. 1-1-16;
99-642, eff. 7-28-16; 99-836, eff. 1-1-17; 100-101, eff.
8-11-17.)
(20 ILCS 505/7.3)
Sec. 7.3. Placement plan. The Department shall develop and
implement a written plan for placing children. The plan shall
include at least the following features:
(1) A plan for recruiting minority adoptive and foster
families. The plan shall include strategies for using
existing resources in minority communities, use of

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minority outreach staff whenever possible, use of minority
foster homes for placements after birth and before
adoption, and other techniques as appropriate.
(2) A plan for training adoptive and foster families
of minority children.
(3) A plan for employing social workers in adoption
and foster care. The plan shall include staffing goals and
objectives.
(4) A plan for ensuring that adoption and foster care
workers attend training offered or approved by the
Department regarding the State's goal of encouraging
cultural diversity and the needs of special needs
children.
(5) A plan that includes policies and procedures for
determining for each child requiring placement outside of
the child's his or her home, and who cannot be immediately
returned to the child's his or her parents or guardian,
the placement needs of that child. In the rare instance
when an individualized assessment identifies, documents,
and substantiates that race, color, or national origin is
a factor that needs to be considered in advancing a
particular child's best interests, it shall be considered
in making a placement.
(Source: P.A. 92-334, eff. 8-10-01.)
(20 ILCS 505/7.3a)

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Sec. 7.3a. Normalcy parenting for children in foster care;
participation in childhood activities.
(a) Legislative findings.
(1) Every day parents make important decisions about
their child's participation in extracurricular activities.
Caregivers for children in out-of-home care are faced with
making the same decisions.
(2) When a caregiver makes decisions, the caregiver he
or she must consider applicable laws, rules, and
regulations to safeguard the health, safety, and best
interests of a child in out-of-home care.
(3) Participation in extracurricular activities is
important to a child's well-being, not only emotionally,
but also in developing valuable life skills.
(4) The General Assembly recognizes the importance of
making every effort to normalize the lives of children in
out-of-home care and to empower a caregiver to approve or
not approve a child's participation in appropriate
extracurricular activities based on the caregiver's own
assessment using the reasonable and prudent parent
standard, without prior approval of the Department, the
caseworker, or the court.
(5) Nothing in this Section shall be presumed to
discourage or diminish the engagement of families and
guardians in the child's life activities.
(b) Definitions. As used in this Section:

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"Appropriate activities" means activities or items that
are generally accepted as suitable for children of the same
chronological age or developmental level of maturity.
Appropriateness is based on the development of cognitive,
emotional, physical, and behavioral capacity that is typical
for an age or age group, taking into account the individual
child's cognitive, emotional, physical, and behavioral
development.
"Caregiver" means a person with whom the child is placed
in out-of-home care or a designated official for child care
facilities licensed by the Department as defined in the Child
Care Act of 1969.
"Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental
decisions that maintain the child's health, safety, and best
interests while at the same time supporting the child's
emotional and developmental growth that a caregiver shall use
when determining whether to allow a child in out-of-home care
to participate in extracurricular, enrichment, cultural, and
social activities.
(c) Requirements for decision-making.
(1) Each child who comes into the care and custody of
the Department is fully entitled to participate in
appropriate extracurricular, enrichment, cultural, and
social activities in a manner that allows that child to
participate in the child's his or her community to the

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fullest extent possible.
(2) Caregivers must use the reasonable and prudent
parent standard in determining whether to give permission
for a child in out-of-home care to participate in
appropriate extracurricular, enrichment, cultural, and
social activities. Caregivers are expected to promote and
support a child's participation in such activities. When
using the reasonable and prudent parent standard, the
caregiver shall consider:
(A) the child's age, maturity, and developmental
level to promote the overall health, safety, and best
interests of the child;
(B) the best interest of the child based on
information known by the caregiver;
(C) the importance and fundamental value of
encouraging the child's emotional and developmental
growth gained through participation in activities in
the child's his or her community;
(D) the importance and fundamental value of
providing the child with the most family-like living
experience possible; and
(E) the behavioral history of the child and the
child's ability to safely participate in the proposed
activity.
(3) A caregiver is not liable for harm caused to a
child in out-of-home care who participates in an activity

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approved by the caregiver, provided that the caregiver has
acted as a reasonable and prudent parent in permitting the
child to engage in the activity.
(c-5) No youth in care shall be required to store the
youth's his or her belongings in plastic bags or in similar
forms of disposable containers, including, but not limited to,
trash bags, paper or plastic shopping bags, or pillow cases
when relocating from one placement type to another placement
type or when discharged from the custody or guardianship of
the Department. The Department shall ensure that each youth in
care has appropriate baggage and other items to store the
youth's his or her belongings when moving through the State's
child welfare system. As used in this subsection, "purchase of
service agency" means any entity that contracts with the
Department to provide services that are consistent with the
purposes of this Act.
(d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect
the ability of children to participate in appropriate
extracurricular, enrichment, cultural, and social activities.
(e) The Department shall ensure that every youth in care
who is entering the youth's his or her final year of high
school has completed a Free Application for Federal Student
Aid form, if applicable, or an application for State financial
aid on or after October 1, but no later than November 1, of the
youth's final year of high school.

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(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
102-813, eff. 5-13-22.)
(20 ILCS 505/7.4)
Sec. 7.4. Development and preservation of sibling
relationships for children in care; placement of siblings;
contact among siblings placed apart.
(a) Purpose and policy. The General Assembly recognizes
that sibling relationships are unique and essential for a
person, but even more so for children who are removed from the
care of their families and placed in the State child welfare
system. When family separation occurs through State
intervention, every effort must be made to preserve, support
and nurture sibling relationships when doing so is in the best
interest of each sibling. It is in the interests of foster
children who are part of a sibling group to enjoy contact with
one another, as long as the contact is in each child's best
interest. This is true both while the siblings are in State
care and after one or all of the siblings leave State care
through adoption, guardianship, or aging out.
(b) Definitions. For purposes of this Section:
(1) Whenever a best interest determination is required
by this Section, the Department shall consider the factors
set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987 and the Department's rules
regarding Sibling Placement, 89 Ill. Adm. 111. Admin. Code

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301.70 and Sibling Visitation, 89 Ill. Adm. 111. Admin.
Code 301.220, and the Department's rules regarding
Placement Selection Criteria, 89 Ill. Adm. 111. Admin.
Code 301.60.
(2) "Adopted child" means a child who, immediately
preceding the adoption, was in the custody or guardianship
of the Illinois Department of Children and Family Services
under Article II of the Juvenile Court Act of 1987.
(3) "Adoptive parent" means a person who has become a
parent through the legal process of adoption.
(4) "Child" means a person in the temporary custody or
guardianship of the Department who is under the age of 21.
(5) "Child placed in private guardianship" means a
child who, immediately preceding the guardianship, was in
the custody or guardianship of the Illinois Department of
Children and Family Services under Article II of the
Juvenile Court Act.
(6) "Contact" may include, but is not limited to
visits, telephone calls, letters, sharing of photographs
or information, e-mails, video conferencing, and other
form of communication or contact.
(7) "Legal guardian" means a person who has become the
legal guardian of a child who, immediately prior to the
guardianship, was in the custody or guardianship of the
Illinois Department of Children and Family Services under
Article II of the Juvenile Court Act of 1987.

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(8) "Parent" means the child's mother or father who is
named as the respondent in proceedings conducted under
Article II of the Juvenile Court Act of 1987.
(9) "Post Permanency Sibling Contact" means contact
between siblings following the entry of a Judgment Order
for Adoption under Section 14 of the Adoption Act
regarding at least one sibling or an Order for
Guardianship appointing a private guardian under Section
2-27 or the Juvenile Court Act of 1987, regarding at least
one sibling. Post Permanency Sibling Contact may include,
but is not limited to, visits, telephone calls, letters,
sharing of photographs or information, emails, video
conferencing, and other forms form of communication or
connection agreed to by the parties to a Post Permanency
Sibling Contact Agreement.
(10) "Post Permanency Sibling Contact Agreement" means
a written agreement between the adoptive parent or
parents, the child, and the child's sibling regarding post
permanency contact between the adopted child and the
child's sibling, or a written agreement between the legal
guardians, the child, and the child's sibling regarding
post permanency contact between the child placed in
guardianship and the child's sibling. The Post Permanency
Sibling Contact Agreement may specify the nature and
frequency of contact between the adopted child or child
placed in guardianship and the child's sibling following

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the entry of the Judgment Order for Adoption or Order for
Private Guardianship. The Post Permanency Sibling Contact
Agreement may be supported by services as specified in
this Section. The Post Permanency Sibling Contact
Agreement is voluntary on the part of the parties to the
Post Permanency Sibling Contact Agreement and is not a
requirement for finalization of the child's adoption or
guardianship. The Post Permanency Sibling Contract
Agreement shall not be enforceable in any court of law or
administrative forum and no cause of action shall be
brought to enforce the Agreement. When entered into, the
Post Permanency Sibling Contact Agreement shall be placed
in the child's Post Adoption or Guardianship case record
and in the case file of a sibling who is a party to the
agreement and who remains in the Department's custody or
guardianship.
(11) "Sibling Contact Support Plan" means a written
document that sets forth the plan for future contact
between siblings who are in the Department's care and
custody and residing separately. The goal of the Support
Plan is to develop or preserve and nurture the siblings'
relationships. The Support Plan shall set forth the role
of the foster parents, caregivers, and others in
implementing the Support Plan. The Support Plan must meet
the minimum standards regarding frequency of in-person
visits provided for in Department rule.

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(12) "Siblings" means children who share at least one
parent in common. This definition of siblings applies
solely for purposes of placement and contact under this
Section. For purposes of this Section, children who share
at least one parent in common continue to be siblings
after their parent's parental rights are terminated, if
parental rights were terminated while a petition under
Article II of the Juvenile Court Act of 1987 was pending.
For purposes of this Section, children who share at least
one parent in common continue to be siblings after a
sibling is adopted or placed in private guardianship when
the adopted child or child placed in private guardianship
was in the Department's custody or guardianship under
Article II of the Juvenile Court Act of 1987 immediately
prior to the adoption or private guardianship. For
children who have been in the guardianship of the
Department under Article II of the Juvenile Court Act of
1987, have been adopted, and are subsequently returned to
the temporary custody or guardianship of the Department
under Article II of the Juvenile Court Act of 1987,
"siblings" includes a person who would have been
considered a sibling prior to the adoption and siblings
through adoption.
(c) No later than January 1, 2013, the Department shall
promulgate rules addressing the development and preservation
of sibling relationships. The rules shall address, at a

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minimum:
(1) Recruitment, licensing, and support of foster
parents willing and capable of either fostering sibling
groups or supporting and being actively involved in
planning and executing sibling contact for siblings placed
apart. The rules shall address training for foster
parents, licensing workers, placement workers, and others
as deemed necessary.
(2) Placement selection for children who are separated
from their siblings and how to best promote placements of
children with foster parents or programs that can meet the
children's needs, including the need to develop and
maintain contact with siblings.
(3) State-supported guidance to siblings who have aged
out of state care regarding positive engagement with
siblings.
(4) Implementation of Post Permanency Sibling Contact
Agreements for children exiting State care, including
services offered by the Department to encourage and assist
parties in developing agreements, services offered by the
Department post permanency to support parties in
implementing and maintaining agreements, and including
services offered by the Department post permanency to
assist parties in amending agreements as necessary to meet
the needs of the children.
(5) Services offered by the Department for children

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who exited foster care prior to the availability of Post
Permanency Sibling Contact Agreements, to invite willing
parties to participate in a facilitated discussion,
including, but not limited to, a mediation or joint team
decision-making meeting, to explore sibling contact.
(d) The Department shall develop a form to be provided to
youth entering care and exiting care explaining their rights
and responsibilities related to sibling visitation while in
care and post permanency.
(e) Whenever a child enters care or requires a new
placement, the Department shall consider the development and
preservation of sibling relationships.
(1) This subsection applies when a child entering care
or requiring a change of placement has siblings who are in
the custody or guardianship of the Department. When a
child enters care or requires a new placement, the
Department shall examine its files and other available
resources and determine whether a sibling of that child is
in the custody or guardianship of the Department. If the
Department determines that a sibling is in its custody or
guardianship, the Department shall then determine whether
it is in the best interests of each of the siblings for the
child needing placement to be placed with the sibling. If
the Department determines that it is in the best interest
of each sibling to be placed together, and the sibling's
foster parent is able and willing to care for the child

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needing placement, the Department shall place the child
needing placement with the sibling. A determination that
it is not in a child's best interest to be placed with a
sibling shall be made in accordance with Department rules,
and documented in the file of each sibling.
(2) This subsection applies when a child who is
entering care has siblings who have been adopted or placed
in private guardianship. When a child enters care, the
Department shall examine its files and other available
resources, including consulting with the child's parents,
to determine whether a sibling of the child was adopted or
placed in private guardianship from State care. The
Department shall determine, in consultation with the
child's parents, whether it would be in the child's best
interests to explore placement with the adopted sibling or
sibling in guardianship. Unless the parent objects, if the
Department determines it is in the child's best interest
to explore the placement, the Department shall contact the
adoptive parents or guardians of the sibling, determine
whether they are willing to be considered as placement
resources for the child, and, if so, determine whether it
is in the best interests of the child to be placed in the
home with the sibling. If the Department determines that
it is in the child's best interests to be placed in the
home with the sibling, and the sibling's adoptive parents
or guardians are willing and capable, the Department shall

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make the placement. A determination that it is not in a
child's best interest to be placed with a sibling shall be
made in accordance with Department rule, and documented in
the child's file.
(3) This subsection applies when a child in Department
custody or guardianship requires a change of placement,
and the child has siblings who have been adopted or placed
in private guardianship. When a child in care requires a
new placement, the Department may consider placing the
child with the adoptive parent or guardian of a sibling
under the same procedures and standards set forth in
paragraph (2) of this subsection.
(4) When the Department determines it is not in the
best interest of one or more siblings to be placed
together the Department shall ensure that the child
requiring placement is placed in a home or program where
the caregiver is willing and able to be actively involved
in supporting the sibling relationship to the extent doing
so is in the child's best interest.
(f) When siblings in care are placed in separate
placements, the Department shall develop a Sibling Contact
Support Plan. The Department shall convene a meeting to
develop the Support Plan. The meeting shall include, at a
minimum, the case managers for the siblings, the foster
parents or other care providers if a child is in a non-foster
home placement and the child, when developmentally and

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clinically appropriate. The Department shall make all
reasonable efforts to promote the participation of the foster
parents. Parents whose parental rights are intact shall be
invited to the meeting. Others, such as therapists and
mentors, shall be invited as appropriate. The Support Plan
shall set forth future contact and visits between the siblings
to develop or preserve, and nurture the siblings'
relationships. The Support Plan shall set forth the role of
the foster parents and caregivers and others in implementing
the Support Plan. The Support Plan must meet the minimum
standards regarding frequency of in-person visits provided for
in Department rule. The Support Plan will be incorporated in
the child's service plan and reviewed at each administrative
case review. The Support Plan should be modified if one of the
children moves to a new placement, or as necessary to meet the
needs of the children. The Sibling Contact Support Plan for a
child in care may include siblings who are not in the care of
the Department, with the consent and participation of that
child's parent or guardian.
(g) By January 1, 2013, the Department shall develop a
registry so that placement information regarding adopted
siblings and siblings in private guardianship is readily
available to Department and private agency caseworkers
responsible for placing children in the Department's care.
When a child is adopted or placed in private guardianship from
foster care the Department shall inform the adoptive parents

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or guardians that they may be contacted in the future
regarding placement of or contact with siblings subsequently
requiring placement.
(h) When a child is in need of an adoptive placement, the
Department shall examine its files and other available
resources and attempt to determine whether a sibling of the
child has been adopted or placed in private guardianship after
being in the Department's custody or guardianship. If the
Department determines that a sibling of the child has been
adopted or placed in private guardianship, the Department
shall make a good faith effort to locate the adoptive parents
or guardians of the sibling and inform them of the
availability of the child for adoption. The Department may
determine not to inform the adoptive parents or guardians of a
sibling of a child that the child is available for adoption
only for a reason permitted under criteria adopted by the
Department by rule, and documented in the child's case file.
If a child available for adoption has a sibling who has been
adopted or placed in guardianship, and the adoptive parents or
guardians of that sibling apply to adopt the child, the
Department shall consider them as adoptive applicants for the
adoption of the child. The Department's final decision as to
whether it will consent to the adoptive parents or guardians
of a sibling being the adoptive parents of the child shall be
based upon the welfare and best interest of the child. In
arriving at its decision, the Department shall consider all

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relevant factors, including, but not limited to:
(1) the wishes of the child;
(2) the interaction and interrelationship of the child
with the applicant to adopt the child;
(3) the child's need for stability and continuity of
relationship with parent figures;
(4) the child's adjustment to the child's his or her
present home, school, and community;
(5) the mental and physical health of all individuals
involved;
(6) the family ties between the child and the child's
relatives, including siblings;
(7) the background, age, and living arrangements of
the applicant to adopt the child;
(8) a criminal background report of the applicant to
adopt the child.
If placement of the child available for adoption with the
adopted sibling or sibling in private guardianship is not
feasible, but it is in the child's best interest to develop a
relationship with the child's his or her sibling, the
Department shall invite the adoptive parents, guardian, or
guardians for a mediation or joint team decision-making
meeting to facilitate a discussion regarding future sibling
contact.
(i) Post Permanency Sibling Contact Agreement. When a
child in the Department's care has a permanency goal of

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adoption or private guardianship, and the Department is
preparing to finalize the adoption or guardianship, the
Department shall convene a meeting with the pre-adoptive
parent or prospective guardian and the case manager for the
child being adopted or placed in guardianship and the foster
parents and case managers for the child's siblings, and others
as applicable. The children should participate as is
developmentally appropriate. Others, such as therapists and
mentors, may participate as appropriate. At the meeting the
Department shall encourage the parties to discuss sibling
contact post permanency. The Department may assist the parties
in drafting a Post Permanency Sibling Contact Agreement.
(1) Parties to the Post Permanency Sibling Contact
Agreement shall include:
(A) The adoptive parent or parents or guardian.
(B) The child's sibling or siblings, parents or
guardians.
(C) The child.
(2) Consent of child 14 and over. The written consent
of a child age 14 and over to the terms and conditions of
the Post Permanency Sibling Contact Agreement and
subsequent modifications is required.
(3) In developing this Agreement, the Department shall
encourage the parties to consider the following factors:
(A) the physical and emotional safety and welfare
of the child;

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(B) the child's wishes;
(C) the interaction and interrelationship of the
child with the child's sibling or siblings who would
be visiting or communicating with the child,
including:
(i) the quality of the relationship between
the child and the sibling or siblings, and
(ii) the benefits and potential harms to the
child in allowing the relationship or
relationships to continue or in ending them;
(D) the child's sense of attachments to the birth
sibling or siblings and adoptive family, including:
(i) the child's sense of being valued;
(ii) the child's sense of familiarity; and
(iii) continuity of affection for the child;
and
(E) other factors relevant to the best interest of
the child.
(4) In considering the factors in paragraph (3) of
this subsection, the Department shall encourage the
parties to recognize the importance to a child of
developing a relationship with siblings including siblings
with whom the child does not yet have a relationship; and
the value of preserving family ties between the child and
the child's siblings, including:
(A) the child's need for stability and continuity

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of relationships with siblings, and
(B) the importance of sibling contact in the
development of the child's identity.
(5) Modification or termination of Post Permanency
Sibling Contact Agreement. The parties to the agreement
may modify or terminate the Post Permanency Sibling
Contact Agreement. If the parties cannot agree to
modification or termination, they may request the
assistance of the Department of Children and Family
Services or another agency identified and agreed upon by
the parties to the Post Permanency Sibling Contact
Agreement. Any and all terms may be modified by agreement
of the parties. Post Permanency Sibling Contact Agreements
may also be modified to include contact with siblings
whose whereabouts were unknown or who had not yet been
born when the Judgment Order for Adoption or Order for
Private Guardianship was entered.
(6) Adoptions and private guardianships finalized
prior to the effective date of amendatory Act. Nothing in
this Section prohibits the parties from entering into a
Post Permanency Sibling Contact Agreement if the adoption
or private guardianship was finalized prior to the
effective date of this Section. If the Agreement is
completed and signed by the parties, the Department shall
include the Post Permanency Sibling Contact Agreement in
the child's Post Adoption or Private Guardianship case

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record and in the case file of siblings who are parties to
the agreement who are in the Department's custody or
guardianship.
(Source: P.A. 97-1076, eff. 8-24-12; 98-463, eff. 8-16-13;
revised 2-28-22.)
(20 ILCS 505/7.5)
(Text of Section before amendment by P.A. 102-825)
Sec. 7.5. Notice of post-adoption reunion services.
(a) For purposes of this Section, "post-adoption reunion
services" means services provided by the Department to
facilitate contact between adoptees and their siblings when
one or more is still in the Department's care or adopted
elsewhere, with the notarized consent of the adoptive parents
of a minor child, when such contact has been established to be
necessary to the adoptee's best interests and when all
involved parties, including the adoptive parent of a child
under 21 years of age, have provided written consent for such
contact.
(b) The Department shall provide to all adoptive parents
of children receiving monthly adoption assistance under
subsection (j) of Section 5 of this Act a notice that includes
a description of the Department's post-adoption reunion
services and an explanation of how to access those services.
The notice to adoptive parents shall be provided at least once
per year until such time as the adoption assistance payments

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cease.
The Department shall also provide to all youth in care,
within 30 days after their 18th birthday, the notice described
in this Section.
(c) The Department shall adopt a rule regarding the
provision of search and reunion services to youth in care and
former youth in care.
(Source: P.A. 100-159, eff. 8-18-17.)
(Text of Section after amendment by P.A. 102-825)
Sec. 7.5. Search and reunion services for youth in care
and former youth in care.
(a) For purposes of this Section, "search and reunion
services" means:
(1) services provided by the Department to facilitate
contact between adoptees and their siblings when one or
more is still in the Department's care or adopted
elsewhere, with the notarized consent of the adoptive
parents of a minor child, when such contact has been
established to be necessary to the adoptee's best
interests and when all involved parties, including the
adoptive parent of a former youth in care under 18 years of
age, have provided written consent for such contact;
(2) services provided by the Department to facilitate
contact between current or former youth in care, over the
age of 18, including, but not limited to, youth who were

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adopted, to facilitate contact with siblings, birth
biological relatives, former foster parents, or former
foster siblings.
(b) The Department shall provide to all adoptive parents
of children receiving monthly adoption assistance under
subsection (j) of Section 5 of this Act a notice that includes
a description of the Department's post-adoption reunion
services and an explanation of how to access those services.
The notice to adoptive parents shall be provided at least once
per year until such time as the adoption assistance payments
cease.
(b-5) The Department shall provide a notice that includes
a description of the Department's search and reunion services
and an explanation of how to access those services to each
person who is a youth in care within 30 days after the youth's
18th birthday and within 30 days prior to closure of the
youth's case pending under Article II of the Juvenile Court
Act of 1987 if the case is closing after the youth's 18th
birthday. The Department shall work with organizations, such
as the Foster Care Alumni of America Illinois Chapter, that
have contact with foster care alumni, to distribute
information about the Department's search and reunion
services.
(c) The Department shall adopt a rule regarding the
provision of search and reunion services to youth in care and
former youth in care.

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(Source: P.A. 102-825, eff. 7-1-23.)
(20 ILCS 505/7.8)
Sec. 7.8. Home safety checklist; aftercare services;
immunization checks.
(a) As used in this Section, "purchase of service agency"
means any entity that contracts with the Department to provide
services that are consistent with the purposes of this Act.
(b) Whenever a child is placed in the custody or
guardianship of the Department or a child is returned to the
custody of a parent or guardian and the court retains
jurisdiction of the case, the Department must ensure that the
child is up to date on the child's his or her well-child
visits, including age-appropriate immunizations, or that there
is a documented religious or medical reason the child did not
receive the immunizations.
(c) Whenever a child has been placed in foster or
substitute care by court order and the court later determines
that the child can return to the custody of the child's his or
her parent or guardian, the Department must complete, prior to
the child's discharge from foster or substitute care, a home
safety checklist to ensure that the conditions of the child's
home are sufficient to ensure the child's safety and
well-being, as defined in Department rules and procedures. At
a minimum, the home safety checklist shall be completed within
24 hours prior to the child's return home and completed again

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or recertified in the absence of any environmental barriers or
hazards within 5 working days after a child is returned home
and every month thereafter until the child's case is closed
pursuant to the Juvenile Court Act of 1987. The home safety
checklist shall include a certification that there are no
environmental barriers or hazards to prevent returning the
child home.
(d) When a court determines that a child should return to
the custody or guardianship of a parent or guardian, any
aftercare services provided to the child and the child's
family by the Department or a purchase of service agency shall
commence on the date upon which the child is returned to the
custody or guardianship of the child's his or her parent or
guardian. If children are returned to the custody of a parent
at different times, the Department or purchase of service
agency shall provide a minimum of 6 months of aftercare
services to each child commencing on the date each individual
child is returned home.
(e) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a
follow-up performance audit to determine whether the
Department has implemented the recommendations contained in

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the initial performance audit. Upon completion of each audit,
the Auditor General shall report its findings to the General
Assembly. The Auditor General's reports shall include any
issues or deficiencies and recommendations. The audits
required by this Section shall be in accordance with and
subject to the Illinois State Auditing Act.
(Source: P.A. 101-237, eff. 1-1-20.)
(20 ILCS 505/8) (from Ch. 23, par. 5008)
Sec. 8. Scholarships and fee waivers; tuition waiver.
(a) Each year the Department shall select a minimum of 53
students (at least 4 of whom shall be children of veterans) to
receive scholarships and fee waivers which will enable them to
attend and complete their post-secondary education at a
community college, university, or college. Youth shall be
selected from among the youth for whom the Department has
court-ordered legal responsibility, youth who aged out of care
at age 18 or older, or youth formerly under care who have been
adopted or who have been placed in private guardianship.
Recipients must have earned a high school diploma from an
accredited institution or a State of Illinois High School
Diploma or diploma or have met the State criteria for high
school graduation before the start of the school year for
which they are applying for the scholarship and waiver.
Scholarships and fee waivers shall be available to students
for at least 5 years, provided they are continuing to work

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toward graduation. Unused scholarship dollars and fee waivers
shall be reallocated to new recipients. No later than January
1, 2015, the Department shall promulgate rules identifying the
criteria for "continuing to work toward graduation" and for
reallocating unused scholarships and fee waivers. Selection
shall be made on the basis of several factors, including, but
not limited to, scholastic record, aptitude, and general
interest in higher education. The selection committee shall
include at least 2 individuals formerly under the care of the
Department who have completed their post-secondary education.
In accordance with this Act, tuition scholarships and fee
waivers shall be available to such students at any university
or college maintained by the State of Illinois. The Department
shall provide maintenance and school expenses, except tuition
and fees, during the academic years to supplement the
students' earnings or other resources so long as they
consistently maintain scholastic records which are acceptable
to their schools and to the Department. Students may attend
other colleges and universities, if scholarships are awarded
to them, and receive the same benefits for maintenance and
other expenses as those students attending any Illinois State
community college, university, or college under this Section.
Beginning with recipients receiving scholarships and waivers
in August 2014, the Department shall collect data and report
annually to the General Assembly on measures of success,
including (i) the number of youth applying for and receiving

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scholarships or waivers, (ii) the percentage of scholarship or
waiver recipients who complete their college or university
degree within 5 years, (iii) the average length of time it
takes for scholarship or waiver recipients to complete their
college or university degree, (iv) the reasons that
scholarship or waiver recipients are discharged or fail to
complete their college or university degree, (v) when
available, youths' outcomes 5 years and 10 years after being
awarded the scholarships or waivers, and (vi) budget
allocations for maintenance and school expenses incurred by
the Department.
(b) Youth shall receive a tuition and fee waiver to assist
them in attending and completing their post-secondary
education at any community college, university, or college
maintained by the State of Illinois if they are youth for whom
the Department has court-ordered legal responsibility, youth
who aged out of care at age 18 or older, or youth formerly
under care who have been adopted and were the subject of an
adoption assistance agreement or who have been placed in
private guardianship and were the subject of a subsidized
guardianship agreement.
To receive a waiver under this subsection, an applicant
must:
(1) have earned a high school diploma from an
accredited institution or a State of Illinois High School
Diploma or have met the State criteria for high school

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graduation before the start of the school year for which
the applicant is applying for the waiver;
(2) enroll in a qualifying post-secondary education
before the applicant reaches the age of 26; and
(3) apply for federal and State grant assistance by
completing the Free Application for Federal Student Aid.
The community college or public university that an
applicant attends must waive any tuition and fee amounts that
exceed the amounts paid to the applicant under the federal
Pell Grant Program or the State's Monetary Award Program.
Tuition and fee waivers shall be available to a student
for at least the first 5 years the student is enrolled in a
community college, university, or college maintained by the
State of Illinois so long as the student makes satisfactory
progress toward completing the student's his or her degree.
The age requirement and 5-year cap on tuition and fee waivers
under this subsection shall be waived and eligibility for
tuition and fee waivers shall be extended for any applicant or
student who the Department determines was unable to enroll in
a qualifying post-secondary school or complete an academic
term because the applicant or student: (i) was called into
active duty with the United States Armed Forces; (ii) was
deployed for service in the United States Public Health
Service Commissioned Corps; or (iii) volunteered in the Peace
Corps or the AmeriCorps. The Department shall extend
eligibility for a qualifying applicant or student by the total

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number of months or years during which the applicant or
student served on active duty with the United States Armed
Forces, was deployed for service in the United States Public
Health Service Commissioned Corps, or volunteered in the Peace
Corps or the AmeriCorps. The number of months an applicant or
student served on active duty with the United States Armed
Forces shall be rounded up to the next higher year to determine
the maximum length of time to extend eligibility for the
applicant or student.
The Department may provide the student with a stipend to
cover maintenance and school expenses, except tuition and
fees, during the academic years to supplement the student's
earnings or other resources so long as the student
consistently maintains scholastic records which are acceptable
to the student's school and to the Department.
The Department shall develop outreach programs to ensure
that youths who qualify for the tuition and fee waivers under
this subsection who are high school students in grades 9
through 12 or who are enrolled in a high school equivalency
testing program are aware of the availability of the tuition
and fee waivers.
(c) Subject to appropriation, the Department shall provide
eligible youth an apprenticeship stipend to cover those costs
associated with entering and sustaining through completion an
apprenticeship, including, but not limited to fees, tuition
for classes, work clothes, rain gear, boots, and

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occupation-specific tools. The following youth may be eligible
for the apprenticeship stipend provided under this subsection:
youth for whom the Department has court-ordered legal
responsibility; youth who aged out of care at age 18 or older;
or youth formerly under care who have been adopted and were the
subject of an adoption assistance agreement or who have been
placed in private guardianship and were the subject of a
subsidized guardianship agreement.
To receive a stipend under this subsection, an applicant
must:
(1) be enrolled in an apprenticeship training program
approved or recognized by the Illinois Department of
Employment Security or an apprenticeship program approved
by the United States Department of Labor;
(2) not be a recipient of a scholarship or fee waiver
under subsection (a) or (b); and
(3) be under the age of 26 before enrolling in a
qualified apprenticeship program.
Apprenticeship stipends shall be available to an eligible
youth for a maximum of 5 years after the youth enrolls in a
qualifying apprenticeship program so long as the youth makes
satisfactory progress toward completing the youth's his or her
apprenticeship. The age requirement and 5-year cap on the
apprenticeship stipend provided under this subsection shall be
extended for any applicant who the Department determines was
unable to enroll in a qualifying apprenticeship program

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because the applicant: (i) was called into active duty with
the United States Armed Forces; (ii) was deployed for service
in the United States Public Health Service Commissioned Corps;
or (iii) volunteered in the Peace Corps or the AmeriCorps. The
Department shall extend eligibility for a qualifying applicant
by the total number of months or years during which the
applicant served on active duty with the United States Armed
Forces, was deployed for service in the United States Public
Health Service Commissioned Corps, or volunteered in the Peace
Corps or the AmeriCorps. The number of months an applicant
served on active duty with the United States Armed Forces
shall be rounded up to the next higher year to determine the
maximum length of time to extend eligibility for the
applicant.
The Department shall develop outreach programs to ensure
that youths who qualify for the apprenticeship stipends under
this subsection who are high school students in grades 9
through 12 or who are enrolled in a high school equivalency
testing program are aware of the availability of the
apprenticeship stipend.
(Source: P.A. 101-558, eff. 1-1-20; 102-1100, eff. 1-1-23;
revised 12-8-22.)
(20 ILCS 505/8a) (from Ch. 23, par. 5008a)
Sec. 8a. No otherwise qualified child with a disability
receiving special education and related services under Article

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14 of The School Code shall solely by reason of the child's his
or her disability be excluded from the participation in or be
denied the benefits of or be subjected to discrimination under
any program or activity provided by the Department.
The Department, or its authorized agent, shall ensure that
a copy of a student's then current individualized education
program (IEP) is provided to the school district in which the
student is newly placed by the Department. Upon receipt of the
IEP, the new school district shall review it and place the
student in a special education program in accordance with that
described in the IEP. The Department shall consult with the
State Board of Education in the development of necessary rules
and regulations to implement this provision.
(Source: P.A. 87-372.)
(20 ILCS 505/8b) (from Ch. 23, par. 5008b)
Sec. 8b. No homeless person eligible to receive benefits
or services from the Department shall, by reason of the
homeless person's his or her status as a homeless person, be
excluded from participation in, be denied benefits under or be
subjected to discrimination under any program or activity
provided by the Department.
(Source: P.A. 84-1277.)
(20 ILCS 505/9.3) (from Ch. 23, par. 5009.3)
Sec. 9.3. Declarations by Parents and Guardians.

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Information requested of parents and guardians shall be
submitted on forms or questionnaires prescribed by the
Department or units of local government as the case may be and
shall contain a written declaration to be signed by the parent
or guardian in substantially the following form:
"I declare under penalties of perjury that I have examined
this form or questionnaire and all accompanying statements or
documents pertaining to my income, or any other matter having
bearing upon my status and ability to provide payment for care
and training of my child, and to the best of my knowledge and
belief the information supplied is true, correct, and
complete".
A person who makes and subscribes a form or questionnaire
which contains, as herein above provided, a written
declaration that it is made under the penalties of perjury,
knowing it to be false, incorrect or incomplete, in respect to
any material statement or representative bearing upon the
parent's or guardian's his status as a parent or guardian, or
upon the parent's or guardian's his income, resources, or
other matter concerning the parent's or guardian's his ability
to provide parental payment, shall be subject to the penalties
for perjury provided for in Section 32-2 of the Criminal Code
of 2012.
Parents who refuse to provide such information after three
written requests from the Department will be liable for the
full cost of care provided, from the commencement of such care

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until the required information is received.
(Source: P.A. 97-1150, eff. 1-25-13.)
(20 ILCS 505/9.5) (from Ch. 23, par. 5009.5)
Sec. 9.5. Notice of Parental Payments Due. When the
Department has determined that a parent or guardian is liable
for payment for care and support of the parent's or guardian's
his children, the parent or guardian shall be notified by
mailing the parent or guardian him a copy of the determination
by mail, advising the parent or guardian him of the parent's or
guardian's his legal obligation to make payments for such
period or periods of time, definite in duration or indefinite,
as the circumstances required. The notice shall direct payment
as provided in Section 9.6.
Within 30 days after receipt of a payment notice, the
parents may appeal the assessment amount if the data used in
determining the amount is inaccurate or incomplete. Parents
may also appeal the assessment at any time on the basis of
changes in their circumstances which render inaccurate
information on which the assessment is based. If the changes
requested in a parental appeal are granted, the Department may
modify its assessment retroactively to the appropriate date
and adjust any amount in arrears accordingly.
(Source: P.A. 83-1037.)
(20 ILCS 505/17) (from Ch. 23, par. 5017)

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Sec. 17. Youth and Community Services Program. The
Department of Human Services shall develop a State program for
youth and community services which will assure that youth who
come into contact or may come into contact with the child
welfare and the juvenile justice systems will have access to
needed community, prevention, diversion, emergency and
independent living services. The term "youth" means a person
under the age of 19 years. The term "homeless youth" means a
youth who cannot be reunited with the youth's his or her family
and is not in a safe and stable living situation. This Section
shall not be construed to require the Department of Human
Services to provide services under this Section to any
homeless youth who is at least 18 years of age but is younger
than 19 years of age; however, the Department may, in its
discretion, provide services under this Section to any such
homeless youth.
(a) The goals of the program shall be to:
(1) maintain children and youths in their own
community;
(2) eliminate unnecessary categorical funding of
programs by funding more comprehensive and integrated
programs;
(3) encourage local volunteers and voluntary
associations in developing programs aimed at preventing
and controlling juvenile delinquency;
(4) address voids in services and close service gaps;

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(5) develop program models aimed at strengthening the
relationships between youth and their families and aimed
at developing healthy, independent lives for homeless
youth;
(6) contain costs by redirecting funding to more
comprehensive and integrated community-based services; and
(7) coordinate education, employment, training and
other programs for youths with other State agencies.
(b) The duties of the Department under the program shall
be to:
(1) design models for service delivery by local
communities;
(2) test alternative systems for delivering youth
services;
(3) develop standards necessary to achieve and
maintain, on a statewide basis, more comprehensive and
integrated community-based youth services;
(4) monitor and provide technical assistance to local
boards and local service systems;
(5) assist local organizations in developing programs
which address the problems of youths and their families
through direct services, advocacy with institutions, and
improvement of local conditions; and
(6) develop a statewide adoption awareness campaign
aimed at pregnant teenagers.
(Source: P.A. 89-507, eff. 7-1-97.)

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(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary
to the performance of its duties.
(b) In the course of any such investigation any qualified
person authorized by the Director may administer oaths and
secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to
such investigation. Any person who is served with a subpoena
by the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law,
and who refuses or neglects to appear, or to testify, or to
produce books and papers relevant to such investigation, as
commanded in such subpoena, shall be guilty of a Class B
misdemeanor. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the Department or before any authorized officer or employee
thereof, by an attachment for contempt or otherwise, in the
same manner as production of evidence may be compelled before
such court. Every person who, having taken an oath or made
affirmation before the Department or any authorized officer or

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employee thereof, shall willfully swear or affirm falsely,
shall be guilty of perjury and upon conviction shall be
punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right to
a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
(d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date of
this amendatory Act of 1987 shall have completed a training
program which shall be instituted by the Department. The
training program shall include, but not be limited to, the
following: (1) training in the detection of symptoms of child
neglect and drug abuse; (2) specialized training for dealing
with families and children of drug abusers; and (3) specific
training in child development, family dynamics and interview
techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective
Investigator and Child Welfare Specialist Certification Act of
1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be
grounds for any disciplinary or other action against an
investigator or a specialist.

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The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his
actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before beginning he begins such
employment. Nothing in this Act shall replace or diminish the
rights of employees under the Illinois Public Labor Relations
Act, as amended, or the National Labor Relations Act. In the
event of any conflict between either of those Acts, or any
collective bargaining agreement negotiated thereunder, and the
provisions of subsections (d) and (e), the former shall
prevail and control.
(e) The Department shall develop and implement the
following:
(1) A standardized child endangerment risk assessment
protocol.
(2) Related training procedures.

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(3) A standardized method for demonstration of
proficiency in application of the protocol.
(4) An evaluation of the reliability and validity of
the protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department
or its contractors shall be required, subsequent to the
availability of training under this Act, to demonstrate
proficiency in application of the protocol previous to being
permitted to make decisions about the degree of risk posed to
children for whom they are responsible. The Department shall
establish a multi-disciplinary advisory committee appointed by
the Director, including but not limited to representatives
from the fields of child development, domestic violence,
family systems, juvenile justice, law enforcement, health
care, mental health, substance abuse, and social service to
advise the Department and its related contractors in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol. The Department shall develop the protocol, training
curriculum, method for demonstration of proficiency in
application of the protocol and method for evaluation of the
reliability and validity of the protocol by July 1, 1995.
Training and demonstration of proficiency in application of

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the child endangerment risk assessment protocol for all child
protective investigators and supervisors and child welfare
specialists and supervisors shall be completed as soon as
practicable, but no later than January 1, 1996. The Department
shall submit to the General Assembly on or before May 1, 1996,
and every year thereafter, an annual report on the evaluation
of the reliability and validity of the child endangerment risk
assessment protocol. The Department shall contract with a not
for profit organization with demonstrated expertise in the
field of child endangerment risk assessment to assist in the
development and implementation of the child endangerment risk
assessment protocol, related training, method for
demonstration of proficiency in application of the protocol,
and evaluation of the reliability and validity of the
protocol.
(f) The Department shall provide each parent or guardian
and responsible adult caregiver participating in a safety plan
a copy of the written safety plan as signed by each parent or
guardian and responsible adult caregiver and by a
representative of the Department. The Department shall also
provide each parent or guardian and responsible adult
caregiver safety plan information on their rights and
responsibilities that shall include, but need not be limited
to, information on how to obtain medical care, emergency phone
numbers, and information on how to notify schools or day care
providers as appropriate. The Department's representative

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shall ensure that the safety plan is reviewed and approved by
the child protection supervisor.
(Source: P.A. 98-830, eff. 1-1-15.)
(20 ILCS 505/35.5)
Sec. 35.5. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall have the authority to
conduct investigations into allegations of or incidents of
possible misconduct, misfeasance, malfeasance, or violations
of rules, procedures, or laws by any employee, foster parent,
service provider, or contractor of the Department of Children
and Family Services, except for allegations of violations of
the State Officials and Employees Ethics Act which shall be
referred to the Office of the Governor's Executive Inspector
General for investigation. The Inspector General shall make
recommendations to the Director of Children and Family
Services concerning sanctions or disciplinary actions against
Department employees or providers of service under contract to
the Department. The Director of Children and Family Services
shall provide the Inspector General with an implementation
report on the status of any corrective actions taken on
recommendations under review and shall continue sending
updated reports until the corrective action is completed. The
Director shall provide a written response to the Inspector
General indicating the status of any sanctions or disciplinary

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actions against employees or providers of service involving
any investigation subject to review. In any case, information
included in the reports to the Inspector General and
Department responses shall be subject to the public disclosure
requirements of the Abused and Neglected Child Reporting Act.
Any investigation conducted by the Inspector General shall be
independent and separate from the investigation mandated by
the Abused and Neglected Child Reporting Act. The Inspector
General shall be appointed for a term of 4 years. The Inspector
General shall function independently within the Department of
Children and Family Services with respect to the operations of
the Office of Inspector General, including the performance of
investigations and issuance of findings and recommendations,
and shall report to the Director of Children and Family
Services and the Governor and perform other duties the
Director may designate. The Inspector General shall adopt
rules as necessary to carry out the functions, purposes, and
duties of the office of Inspector General in the Department of
Children and Family Services, in accordance with the Illinois
Administrative Procedure Act and any other applicable law.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of
the office. To minimize duplication of efforts, and to assure
consistency and conformance with the requirements and
procedures established in the B.H. v. Suter consent decree and
to share resources when appropriate, the Inspector General

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shall coordinate the Inspector General's his or her activities
with the Bureau of Quality Assurance within the Department.
(c) The Inspector General shall be the primary liaison
between the Department and the Illinois State Police with
regard to investigations conducted under the Inspector
General's auspices. If the Inspector General determines that a
possible criminal act has been committed, or that special
expertise is required in the investigation, the Inspector
General he or she shall immediately notify the Illinois State
Police. All investigations conducted by the Inspector General
shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal
prosecution.
(d) The Inspector General may recommend to the Department
of Children and Family Services, the Department of Public
Health, or any other appropriate agency, sanctions to be
imposed against service providers under the jurisdiction of or
under contract with the Department for the protection of
children in the custody or under the guardianship of the
Department who received services from those providers. The
Inspector General may seek the assistance of the Attorney
General or any of the several State's Attorneys in imposing
sanctions.
(e) The Inspector General shall at all times be granted
access to any foster home, facility, or program operated for
or licensed or funded by the Department.

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(f) Nothing in this Section shall limit investigations by
the Department of Children and Family Services that may
otherwise be required by law or that may be necessary in that
Department's capacity as the central administrative authority
for child welfare.
(g) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers
pertinent to an investigation authorized by this Act. The
power to subpoena or to compel the production of books and
papers, however, shall not extend to the person or documents
of a labor organization or its representatives insofar as the
person or documents of a labor organization relate to the
function of representing an employee subject to investigation
under this Act. Any person who fails to appear in response to a
subpoena or to answer any question or produce any books or
papers pertinent to an investigation under this Act, except as
otherwise provided in this Section, or who knowingly gives
false testimony in relation to an investigation under this Act
is guilty of a Class A misdemeanor.
(h) The Inspector General shall provide to the General
Assembly and the Governor, no later than January 1 of each
year, a summary of reports and investigations made under this
Section for the prior fiscal year. The summaries shall detail
the imposition of sanctions and the final disposition of those
recommendations. The summaries shall not contain any
confidential or identifying information concerning the

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subjects of the reports and investigations. The summaries also
shall include detailed recommended administrative actions and
matters for consideration by the General Assembly.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 505/35.6)
Sec. 35.6. State-wide toll-free telephone number.
(a) There shall be a State-wide, toll-free telephone
number for any person, whether or not mandated by law, to
report to the Inspector General of the Department, suspected
misconduct, malfeasance, misfeasance, or violations of rules,
procedures, or laws by Department employees, service
providers, or contractors that is detrimental to the best
interest of children receiving care, services, or training
from or who were committed to the Department as allowed under
Section 5 of this Act. Immediately upon receipt of a telephone
call regarding suspected abuse or neglect of children, the
Inspector General shall refer the call to the Child Abuse and
Neglect Hotline or to the Illinois State Police as mandated by
the Abused and Neglected Child Reporting Act and Section 35.5
of this Act. A mandated reporter shall not be relieved of the
mandated reporter's his or her duty to report incidents to the
Child Abuse and Neglect Hotline referred to in this
subsection. The Inspector General shall also establish rules
and procedures for evaluating reports of suspected misconduct
and violation of rules and for conducting an investigation of

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such reports.
(b) The Inspector General shall prepare and maintain
written records from the reporting source that shall contain
the following information to the extent known at the time the
report is made: (1) the names and addresses of the child and
the person responsible for the child's welfare; (2) the nature
of the misconduct and the detriment cause to the child's best
interest; (3) the names of the persons or agencies responsible
for the alleged misconduct. Any investigation conducted by the
Inspector General pursuant to such information shall not
duplicate and shall be separate from the investigation
mandated by the Abused and Neglected Child Reporting Act.
However, the Inspector General may include the results of such
investigation in reports compiled under this Section. At the
request of the reporting agent, the Inspector General shall
keep the identity of the reporting agent strictly confidential
from the operation of the Department, until the Inspector
General shall determine what recommendations shall be made
with regard to discipline or sanction of the Department
employee, service provider, or contractor, with the exception
of suspected child abuse or neglect which shall be handled
consistent with the Abused and Neglected Child Reporting Act
and Section 35.5 of this Act. The Department shall take
whatever steps are necessary to assure that a person making a
report in good faith under this Section is not adversely
affected solely on the basis of having made such report.

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(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 505/35.9)
Sec. 35.9. Visitation privileges; grandparents and
great-grandparents.
(a) The Department shall make reasonable efforts and
accommodations to provide for visitation privileges to a
non-custodial grandparent or great-grandparent of a child who
is in the care and custody of the Department. Any visitation
privileges provided under this Section shall be separate and
apart from any visitation privileges provided to a parent of
the child. The Department shall provide visitation privileges
only if doing so is in the child's best interest, taking into
consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987 and the following
additional factors:
(1) the mental and physical health of the grandparent
or great-grandparent;
(2) the quantity of the visitation time requested and
the potential adverse impact that visitation would have on
the child's customary activities;
(3) any other fact that establishes that the loss of
the relationship between the child and the grandparent or
great-grandparent is likely to unduly harm the child's
mental, physical, or emotional health; and
(4) whether visitation can be structured in a way to

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minimize the child's exposure to conflicts between adult
family members.
(b) Any visitation privileges provided under this Section
shall automatically terminate upon the child leaving the care
or custody of the Department.
(c) The Department may deny a request for visitation after
considering the criteria provided under subsection (a) in
addition to any other criteria the Department deems necessary.
If the Department determines that a grandparent or
great-grandparent is inappropriate to serve as a visitation
resource and denies visitation, the Department shall: (i)
document the basis of its determination and maintain the
documentation in the child's case file and (ii) inform the
grandparent or great-grandparent of the grandparent's or
great-grandparent's his or her right to a clinical review in
accordance with Department rules and procedures. The
Department may adopt any rules necessary to implement this
Section.
(Source: P.A. 99-838, eff. 1-1-17.)
Section 10. The Department of Children and Family Services
Powers Law of the Civil Administrative Code of Illinois is
amended by changing Section 510-25 as follows:
(20 ILCS 510/510-25) (was 20 ILCS 510/65.5)
Sec. 510-25. Child Care Act of 1969; injunction. The

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Department has the power to initiate injunction proceedings
whenever it appears to the Director of Children and Family
Services that any person, group of persons, or corporation is
engaged or about to engage in any acts or practices that
constitute or will constitute a violation of the Child Care
Act of 1969 or any rule or regulation prescribed under the
authority of that Act. The Director of Children and Family
Services may, in the Director's his or her discretion, through
the Attorney General apply for an injunction to enforce the
Act, rule, or regulation. Upon a proper showing, any circuit
court may enter a permanent or preliminary injunction or a
temporary restraining order without bond to enforce the Act,
rule, or regulation in addition to the penalties and other
remedies provided in the Act, rule, or regulation. Appeals may
be taken as in other civil cases.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 15. The Child Death Review Team Act is amended by
changing Section 20 as follows:
(20 ILCS 515/20)
Sec. 20. Reviews of child deaths.
(a) Every child death shall be reviewed by the team in the
subregion which has primary case management responsibility.
The deceased child must be one of the following:
(1) A youth in care.

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(2) The subject of an open service case maintained by
the Department.
(3) The subject of a pending child abuse or neglect
investigation.
(4) A child who was the subject of an abuse or neglect
investigation at any time during the 12 months preceding
the child's death.
(5) Any other child whose death is reported to the
State central register as a result of alleged child abuse
or neglect which report is subsequently indicated.
A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths, cases
of serious or fatal injuries to a child identified under the
Children's Advocacy Center Act, and all unfounded child death
cases.
(b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
(1) Assist in determining the cause and manner of the
child's death, when requested.
(2) Evaluate means by which the death might have been
prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number of
child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing child

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abuse and neglect as a means of preventing child deaths
due to abuse or neglect.
(5) Make specific recommendations to the Director and
the Inspector General of the Department concerning the
prevention of child deaths due to abuse or neglect and the
establishment of protocols for investigating child deaths.
(c) A child death review team shall review a child death as
soon as practical and not later than 90 days following the
completion by the Department of the investigation of the death
under the Abused and Neglected Child Reporting Act. When there
has been no investigation by the Department, the child death
review team shall review a child's death within 90 days after
obtaining the information necessary to complete the review
from the coroner, pathologist, medical examiner, or law
enforcement agency, depending on the nature of the case. A
child death review team shall meet at least once in each
calendar quarter.
(d) The Director shall, within 90 days, review and reply
to recommendations made by a team under item (5) of subsection
(b). With respect to each recommendation made by a team, the
Director shall submit the Director's his or her reply both to
the chairperson of that team and to the chairperson of the
Executive Council. The Director's reply to each recommendation
must include a statement as to whether the Director intends to
implement the recommendation. The Director shall meet in
person with the Executive Council at least every 60 days to

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discuss recommendations and the Department's responses.
The Director shall implement recommendations as feasible
and appropriate and shall respond in writing to explain the
implementation or nonimplementation of the recommendations.
(e) Within 90 days after the Director submits a reply with
respect to a recommendation as required by subsection (d), the
Director must submit an additional report that sets forth in
detail the way, if any, in which the Director will implement
the recommendation and the schedule for implementing the
recommendation. The Director shall submit this report to the
chairperson of the team that made the recommendation and to
the chairperson of the Executive Council.
(f) Within 180 days after the Director submits a report
under subsection (e) concerning the implementation of a
recommendation, the Director shall submit a further report to
the chairperson of the team that made the recommendation and
to the chairperson of the Executive Council. This report shall
set forth the specific changes in the Department's policies
and procedures that have been made in response to the
recommendation.
(Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
Section 20. The Foster Parent Law is amended by changing
Sections 1-5, 1-15, and 1-20 as follows:
(20 ILCS 520/1-5)

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Sec. 1-5. Legislative findings. Family foster care is an
essential service for children and their families who have
been separated due to the tragedy of child abuse, neglect, or
dependency. When children have been separated from their
families, it is the responsibility of the child welfare team
to respond to the needs of the children and their families by
means including (i) providing protection and nurture to
children in a safe, healthy environment; (ii) meeting the
developmental and emotional needs of the children, including
maintaining and promoting a child's emotional attachment to a
child's his or her own family; (iii) protecting and promoting
the child's cultural identity and heritage; and (iv) working
toward permanency for children by connecting them to safe,
nurturing relationships intended to last a lifetime,
preferably with their own family.
Foster parents are an essential part of and fulfill an
integral role on the child welfare team along with children in
care who are old enough to participate in planning and
services, parents of children in care, caseworkers, and other
professionals serving the child and family. By providing care
for children and supporting the attachment of children to
their families in a manner sensitive to each child's and
family's unique needs, the foster parent serves the child, the
family, and the community.
In order to successfully fulfill their role on the
professional child welfare team, foster parents must be

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committed to the goal of the child welfare program and must
provide care to children and promote the best interests of the
children and families served. In order to achieve this goal,
foster parents must understand and be sensitive to issues of
culture, ethnicity, religion, and children's connectedness
with their families and must maintain a level of care,
conduct, and demeanor that is consistent with the high
professional ethics demanded of all other members of the child
welfare team.
The General Assembly finds that there is a need to
establish public policy regarding the role of foster parents.
The General Assembly establishes this statement of foster
parents' rights and responsibilities, which shall apply to all
foster parents in the State of Illinois, whether supervised by
the Department of Children and Family Services or by another
agency under contract to the Department of Children and Family
Services to provide foster care services.
(Source: P.A. 89-19, eff. 6-3-95.)
(20 ILCS 520/1-15)
Sec. 1-15. Foster parent rights. A foster parent's rights
include, but are not limited to, the following:
(1) The right to be treated with dignity, respect, and
consideration as a professional member of the child
welfare team.
(2) The right to be given standardized pre-service

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training and appropriate ongoing training to meet mutually
assessed needs and improve the foster parent's skills.
(3) The right to be informed as to how to contact the
appropriate child placement agency in order to receive
information and assistance to access supportive services
for children in the foster parent's care.
(4) The right to receive timely financial
reimbursement commensurate with the care needs of the
child as specified in the service plan.
(5) The right to be provided a clear, written
understanding of a placement agency's plan concerning the
placement of a child in the foster parent's home. Inherent
in this right is the foster parent's responsibility to
support activities that will promote the child's right to
relationships with the child's his or her own family and
cultural heritage.
(6) The right to be provided a fair, timely, and
impartial investigation of complaints concerning the
foster parent's licensure, to be provided the opportunity
to have a person of the foster parent's choosing present
during the investigation, and to be provided due process
during the investigation; the right to be provided the
opportunity to request and receive mediation or an
administrative review of decisions that affect licensing
parameters, or both mediation and an administrative
review; and the right to have decisions concerning a

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licensing corrective action plan specifically explained
and tied to the licensing standards violated.
(7) The right, at any time during which a child is
placed with the foster parent, to receive additional or
necessary information that is relevant to the care of the
child.
(7.5) The right to be given information concerning a
child (i) from the Department as required under subsection
(u) of Section 5 of the Children and Family Services Act
and (ii) from a child welfare agency as required under
subsection (c-5) of Section 7.4 of the Child Care Act of
1969.
(8) The right to be notified of scheduled meetings and
staffings concerning the foster child in order to actively
participate in the case planning and decision-making
process regarding the child, including individual service
planning meetings, administrative case reviews,
interdisciplinary staffings, and individual educational
planning meetings; the right to be informed of decisions
made by the courts or the child welfare agency concerning
the child; the right to provide input concerning the plan
of services for the child and to have that input given full
consideration in the same manner as information presented
by any other professional on the team; and the right to
communicate with other professionals who work with the
foster child within the context of the team, including

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therapists, physicians, attending health care
professionals, and teachers.
(9) The right to be given, in a timely and consistent
manner, any information a caseworker case worker has
regarding the child and the child's family which is
pertinent to the care and needs of the child and to the
making of a permanency plan for the child. Disclosure of
information concerning the child's family shall be limited
to that information that is essential for understanding
the needs of and providing care to the child in order to
protect the rights of the child's family. When a positive
relationship exists between the foster parent and the
child's family, the child's family may consent to
disclosure of additional information.
(10) The right to be given reasonable written notice
of (i) any change in a child's case plan, (ii) plans to
terminate the placement of the child with the foster
parent, and (iii) the reasons for the change or
termination in placement. The notice shall be waived only
in cases of a court order or when the child is determined
to be at imminent risk of harm.
(11) The right to be notified in a timely and complete
manner of all court hearings, including notice of the date
and time of the court hearing, the name of the judge or
hearing officer hearing the case, the location of the
hearing, and the court docket number of the case; and the

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right to intervene in court proceedings or to seek
mandamus under the Juvenile Court Act of 1987.
(12) The right to be considered as a placement option
when a foster child who was formerly placed with the
foster parent is to be re-entered into foster care, if
that placement is consistent with the best interest of the
child and other children in the foster parent's home.
(13) The right to have timely access to the child
placement agency's existing appeals process and the right
to be free from acts of harassment and retaliation by any
other party when exercising the right to appeal.
(14) The right to be informed of the Foster Parent
Hotline established under Section 35.6 of the Children and
Family Services Act and all of the rights accorded to
foster parents concerning reports of misconduct by
Department employees, service providers, or contractors,
confidential handling of those reports, and investigation
by the Inspector General appointed under Section 35.5 of
the Children and Family Services Act.
(Source: P.A. 99-581, eff. 1-1-17.)
(20 ILCS 520/1-20)
Sec. 1-20. Foster parent responsibilities. A foster
parent's responsibilities include, but are not limited to, the
following:
(1) The responsibility to openly communicate and share

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information about the child with other members of the
child welfare team.
(2) The responsibility to respect the confidentiality
of information concerning foster children and their
families and act appropriately within applicable
confidentiality laws and regulations.
(3) The responsibility to advocate for children in the
foster parent's care.
(4) The responsibility to treat children in the foster
parent's care and the children's families with dignity,
respect, and consideration.
(5) The responsibility to recognize the foster
parent's own individual and familial strengths and
limitations when deciding whether to accept a child into
care; and the responsibility to recognize the foster
parent's own support needs and utilize appropriate
supports in providing care for foster children.
(6) The responsibility to be aware of the benefits of
relying on and affiliating with other foster parents and
foster parent associations in improving the quality of
care and service to children and families.
(7) The responsibility to assess the foster parent's
ongoing individual training needs and take action to meet
those needs.
(8) The responsibility to develop and assist in
implementing strategies to prevent placement disruptions,

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recognizing the traumatic impact of placement disruptions
on a foster child and all members of the foster family; and
the responsibility to provide emotional support for the
foster children and members of the foster family if
preventive strategies fail and placement disruptions
occur.
(9) The responsibility to know the impact foster
parenting has on individuals and family relationships; and
the responsibility to endeavor to minimize, as much as
possible, any stress that results from foster parenting.
(10) The responsibility to know the rewards and
benefits to children, parents, families, and society that
come from foster parenting and to promote the foster
parenting experience in a positive way.
(11) The responsibility to know the roles, rights, and
responsibilities of foster parents, other professionals in
the child welfare system, the foster child, and the foster
child's own family.
(12) The responsibility to know and, as necessary,
fulfill the foster parent's responsibility to serve as a
mandated reporter of suspected child abuse or neglect
under the Abused and Neglected Child Reporting Act; and
the responsibility to know the child welfare agency's
policy regarding allegations that foster parents have
committed child abuse or neglect and applicable
administrative rules and procedures governing

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investigations of those allegations.
(13) The responsibility to know and receive training
regarding the purpose of administrative case reviews,
client service plans, and court processes, as well as any
filing or time requirements associated with those
proceedings; and the responsibility to actively
participate in the foster parent's designated role in
these proceedings.
(14) The responsibility to know the child welfare
agency's appeal procedure for foster parents and the
rights of foster parents under the procedure.
(15) The responsibility to know and understand the
importance of maintaining accurate and relevant records
regarding the child's history and progress; and the
responsibility to be aware of and follow the procedures
and regulations of the child welfare agency with which the
foster parent is licensed or affiliated.
(16) The responsibility to share information, through
the child welfare team, with the subsequent caregiver
(whether the child's parent or another substitute
caregiver) regarding the child's adjustment in the foster
parent's home.
(17) The responsibility to provide care and services
that are respectful of and responsive to the child's
cultural needs and are supportive of the relationship
between the child and the child's his or her own family;

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the responsibility to recognize the increased importance
of maintaining a child's cultural identity when the race
or culture of the foster family differs from that of the
foster child; and the responsibility to take action to
address these issues.
(Source: P.A. 89-19, eff. 6-3-95.)
Section 25. The Foster Children's Bill of Rights Act is
amended by changing Section 5 as follows:
(20 ILCS 521/5)
Sec. 5. Foster Children's Bill of Rights. It is the policy
of this State that every child and adult in the care of the
Department of Children and Family Services who is placed in
foster care shall have the following rights:
(1) To live in a safe, healthy, and comfortable home
where they are he or she is treated with respect.
(2) To be free from physical, sexual, emotional, or
other abuse, or corporal punishment.
(3) To receive adequate and healthy food, adequate
clothing, and, for youth in group homes, residential
treatment facilities, and foster homes, an allowance.
(4) To receive medical, dental, vision, and mental
health services.
(5) To be free of the administration of medication or
chemical substances, unless authorized by a physician.

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(6) To contact family members, unless prohibited by
court order, and social workers, attorneys, foster youth
advocates and supporters, Court Appointed Special
Advocates (CASAs), and probation officers.
(7) To visit and contact siblings brothers and
sisters, unless prohibited by court order.
(8) To contact the Advocacy Office for Children and
Families established under the Children and Family
Services Act or the Department of Children and Family
Services' Office of the Inspector General regarding
violations of rights, to speak to representatives of these
offices confidentially, and to be free from threats or
punishment for making complaints.
(9) To make and receive confidential telephone calls
and send and receive unopened mail, unless prohibited by
court order.
(10) To attend religious services and activities of
their his or her choice.
(11) To maintain an emancipation bank account and
manage personal income, consistent with the child's age
and developmental level, unless prohibited by the case
plan.
(12) To not be locked in a room, building, or facility
premises, unless placed in a secure child care facility
licensed by the Department of Children and Family Services
under the Child Care Act of 1969 and placed pursuant to

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Section 2-27.1 of the Juvenile Court Act of 1987.
(13) To attend school and participate in
extracurricular, cultural, and personal enrichment
activities, consistent with the child's age and
developmental level, with minimal disruptions to school
attendance and educational stability.
(14) To work and develop job skills at an
age-appropriate level, consistent with State law.
(15) To have social contacts with people outside of
the foster care system, including teachers, church
members, mentors, and friends.
(16) If they meet he or she meets age requirements, to
attend services and programs operated by the Department of
Children and Family Services or any other appropriate
State agency that aim to help current and former foster
youth achieve self-sufficiency prior to and after leaving
foster care.
(17) To attend court hearings and speak to the judge.
(18) To have storage space for private use.
(19) To be involved in the development of their his or
her own case plan and plan for permanent placement.
(20) To review their his or her own case plan and plan
for permanent placement, if they are he or she is 12 years
of age or older and in a permanent placement, and to
receive information about their his or her out-of-home
placement and case plan, including being told of changes

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to the case plan.
(21) To be free from unreasonable searches of personal
belongings.
(22) To the confidentiality of all juvenile court
records consistent with existing law.
(23) To have fair and equal access to all available
services, placement, care, treatment, and benefits, and to
not be subjected to discrimination or harassment on the
basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental
or physical disability, or HIV status.
(24) To have caregivers and child welfare personnel
who have received sensitivity training and instruction on
matters concerning race, ethnicity, national origin,
color, ancestry, religion, mental and physical disability,
and HIV status.
(25) To have caregivers and child welfare personnel
who have received instruction on cultural competency and
sensitivity relating to, and best practices for, providing
adequate care to lesbian, gay, bisexual, and transgender
youth in out-of-home care.
(26) At 16 years of age or older, to have access to
existing information regarding the educational options
available, including, but not limited to, the coursework
necessary for vocational and postsecondary educational

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programs, and information regarding financial aid for
postsecondary education.
(27) To have access to age-appropriate, medically
accurate information about reproductive health care, the
prevention of unplanned pregnancy, and the prevention and
treatment of sexually transmitted infections at 12 years
of age or older.
(28) To receive a copy of this Act from and have it
fully explained by the Department of Children and Family
Services when the child or adult is placed in the care of
the Department of Children and Family Services.
(29) To be placed in the least restrictive and most
family-like setting available and in close proximity to
their his or her parent's home consistent with their his
or her health, safety, best interests, and special needs.
(30) To participate in an age and developmentally
appropriate intake process immediately after placement in
the custody or guardianship of the Department. During the
intake process, the Department shall provide the youth
with a document describing inappropriate acts of
affection, discipline, and punishment by guardians, foster
parents, foster siblings, or any other adult responsible
for the youth's welfare. The Department shall review and
discuss the document with the child. The Department must
document completion of the intake process in the child's
records as well as giving a copy of the document to the

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child.
(31) To participate in appropriate intervention and
counseling services after removal from the home of origin
in order to assess whether the youth is exhibiting signs
of traumatic stress, special needs, or mental illness.
(32) To receive a home visit by an assigned child
welfare specialist, per existing Department policies and
procedures, on a monthly basis or more frequently as
needed. In addition to what existing policies and
procedures outline, home visits shall be used to assess
the youth's well-being and emotional health following
placement, to determine the youth's relationship with the
youth's guardian or foster parent or with any other adult
responsible for the youth's welfare or living in or
frequenting the home environment, and to determine what
forms of discipline, if any, the youth's guardian or
foster parent or any other person in the home environment
uses to correct the youth.
(33) To be enrolled in an independent living services
program prior to transitioning out of foster care where
the youth will receive classes and instruction,
appropriate to the youth's age and developmental capacity,
on independent living and self-sufficiency in the areas of
employment, finances, meals, and housing as well as help
in developing life skills and long-term goals.
(34) To be assessed by a third-party entity or agency

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prior to enrollment in any independent living services
program in order to determine the youth's readiness for a
transition out of foster care based on the youth's
individual needs, emotional development, and ability,
regardless of age, to make a successful transition to
adulthood.
(Source: P.A. 102-810, eff. 1-1-23.)
Section 30. The Statewide Foster Care Advisory Council Law
is amended by changing Section 5-10 as follows:
(20 ILCS 525/5-10)
Sec. 5-10. Membership.
(a) The Statewide Foster Care Advisory Council shall
consist of the following membership:
(1) 2 foster parents from the Department's southern
and northern administrative regions; 3 foster parents from
the Department's central administrative region; and 2
foster parents from each of the Department's Cook County
administrative regions. One of the 6 foster parents
representing the Cook County administrative regions shall
be the current President of the Cook County Foster Parent
Advisory Committee;
(2) 2 foster parents representing the Department's
Child Welfare Advisory Committee, with at least one foster
parent residing in Cook County;

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(3) 2 foster care professionals representing the
Department's Child Welfare Advisory Committee to represent
agencies providing foster care services under contract to
the Department;
(4) the current president of the Illinois Foster
Parent Association; and
(5) 4 other non-Department persons with recognized
expertise regarding foster care who shall be nominated by
the Director of the Department ("the Director").
Each Administrator of the Department's specified
administrative regions shall make recommendations of foster
parents for appointment as members to the Director. The
recommendations of the Regional Administrator shall be based
upon consultation by the Regional Administrator with organized
foster parent groups and Department staff.
All appointments to the Council shall be made in writing
by the Director. In soliciting and making appointments, the
Director shall make all reasonable efforts to ensure the
membership of the Council is culturally diverse and
representative and also geographically representative of the
Department's administrative regions.
(b) Each member shall be appointed for a term of 3 years.
No member shall be appointed to more than 2 terms, except the
President of the Illinois Foster Parent Association and the
President of the Cook County Foster Parent Association may
serve as long as the member he or she holds office. Members

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shall continue to serve until their successors are appointed.
The terms of original members and of members subsequently
appointed to fill vacancies created by a change in the number
of the Council's members shall be determined to assure as
nearly as possible that the terms of one-third of the members
in each sector expire each year on June 30th. The original
members in each sector shall determine by lot the length of
each member's term, one-third to be for 3 years, one-third to
be for 2 years, and one-third to be for one year, and the
Council's secretary shall record the results. Thereafter, any
member appointed to fill a vacancy other than one created by
the expiration of a regular 3 year term shall be appointed for
the unexpired term of the predecessor member, or in the case of
new memberships created by change in number of members, for
such term as is appropriate under this subsection.
(c) Members of the Advisory Council shall serve without
compensation, except that the Department shall reimburse
members for travel and per diem expenses associated with
participation in Advisory Council meetings and activities.
Reimbursement shall be consistent with Illinois Department of
Central Management Services rules, as approved by the
Governor's Travel Control Board.
(Source: P.A. 89-19, eff. 6-3-95.)
Section 35. The Department of Children and Family Services
Statewide Youth Advisory Board Act is amended by changing

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Section 15 as follows:
(20 ILCS 527/15)
Sec. 15. Meetings.
(a) Regular meetings of the regional youth advisory boards
shall be held monthly.
(b) Regular meetings of the Statewide Youth Advisory Board
shall be held at least 5 times per year.
(c) The Director of the Department or the Director's his
or her designee shall meet with the Statewide Youth Advisory
Board at least quarterly in order to discuss the issues and
concerns of youth in foster care.
(d) All meetings shall take place at locations, dates, and
times determined by the Department or its designee in
accordance with the bylaws for the Statewide Youth Advisory
Board and the regional youth advisory boards.
(Source: P.A. 98-806, eff. 1-1-15.)
Section 40. The Interstate Compact on Adoption Act is
amended by changing Section 5-35 as follows:
(45 ILCS 17/5-35)
Sec. 5-35. Medical assistance.
(a) A child with special needs who resides in this State
and who is the subject of an adoption assistance agreement
with another state shall be eligible for medical assistance

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from this State under Article V of the Illinois Public Aid Code
upon the filing of agreed documentation obtained from the
assistance state and filed with the Department of Healthcare
and Family Services. The Department of Children and Family
Services shall be required at least annually to establish that
the agreement is still in force or has been renewed.
(b) If a child (i) is in another state, (ii) is covered by
an adoption assistance agreement made by the Illinois
Department of Children and Family Services, and (iii) was
eligible for medical assistance under Article V of the
Illinois Public Aid Code at the time the child he or she
resided in this State and would continue to be eligible for
that assistance if the child he or she was currently residing
in this State, then that child is eligible for medical
assistance under Article V of the Illinois Public Aid Code,
but only for those medical assistance benefits under Article V
that are not provided by the other state. There shall be no
payment or reimbursement by this State for services or
benefits covered under any insurance or other third party
medical contract or arrangement held by the child or the
adoptive parents.
(c) The submission of any claim for payment or
reimbursement for services or benefits pursuant to this
Section or the making of any statement in connection
therewith, which claim or statement the maker knows or should
know to be false, misleading, or fraudulent, shall be

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punishable as perjury and shall also be subject to a fine not
to exceed $10,000 or imprisonment for not to exceed 2 years, or
both.
(d) The provisions of this Section shall apply only to
medical assistance for children under adoption assistance
agreements from states that have entered into a compact with
this State under which the other state provided medical
assistance to children with special needs under adoption
assistance agreements made by this State.
(e) The Illinois Department of Children and Family
Services and the Department of Healthcare and Family Services
may adopt all rules necessary to implement this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 45. The Child Care Act of 1969 is amended by
changing Sections 2.24, 3.3, 4.1, 4.2, 5.1, 5.3, 7, 7.2, 7.3,
7.4, 7.6, 7.7, 9, 9.1b, 12, 14.5, 14.7, and 18 as follows:
(225 ILCS 10/2.24)
Sec. 2.24. "Adoption services" includes any one or more of
the following services performed for any type of compensation
or thing of value, directly or indirectly: (i) arranging for
the placement of or placing out a child, (ii) identifying a
child for adoption, (iii) matching adoptive parents with birth
biological parents, (iv) arranging or facilitating an
adoption, (v) taking or acknowledging consents or surrenders

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for termination of parental rights for purposes of adoption,
as defined in the Adoption Act, (vi) performing background
studies on a child or adoptive parents, (vii) making
determinations of the best interests of a child and the
appropriateness of adoptive placement for the child, or (viii)
post-placement monitoring of a child prior to adoption.
"Adoption services" does not include the following: (1) the
provision of legal services by a licensed attorney for which
the attorney must be licensed as an attorney under Illinois
law, (2) adoption-related services performed by public
governmental entities or entities or persons performing
investigations by court appointment as described in subsection
A of Section 6 of the Adoption Act, (3) prospective birth
biological parents or adoptive parents operating on their own
behalf, (4) the provision of general education and training on
adoption-related topics, or (5) post-adoption services,
including supportive services to families to promote the
well-being of members of adoptive families or birth families.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/3.3)
Sec. 3.3. Requirements for criminal background checks for
adoption-only homes. In approving an adoption-only home
pursuant to Section 3.2 of this Act, if an adult resident has
an arrest or conviction record, the licensed child welfare
agency:

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(1) shall thoroughly investigate and evaluate the
criminal history of the resident and, in so doing, include
an assessment of the applicant's character and, in the
case of the prospective adoptive parent, the impact that
the criminal history has on the prospective adoptive
parent's his or her ability to parent the child; the
investigation should consider the type of crime, the
number of crimes, the nature of the offense, the age at
time of crime, the length of time that has elapsed since
the last conviction, the relationship of the crime to the
ability to care for children, and any evidence of
rehabilitation;
(2) shall not approve the home if the record reveals a
felony conviction for crimes against a child, including,
but not limited to, child abuse or neglect, child
pornography, rape, sexual assault, or homicide;
(3) shall not approve the home if the record reveals a
felony conviction within the last 5 years, including, but
not limited to, for physical assault, battery,
drug-related offenses, or spousal abuse; and
(4) shall not approve the home if the record reveals a
felony conviction for homicide, rape, or sexual assault.
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1. Criminal Background Investigations. The

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Department shall require that each child care facility license
applicant as part of the application process, and each
employee and volunteer of a child care facility or
non-licensed service provider, as a condition of employment,
authorize an investigation to determine if such applicant,
employee, or volunteer has ever been charged with a crime and
if so, the disposition of those charges; this authorization
shall indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization, the Director shall
request and receive information and assistance from any
federal, State or local governmental agency as part of the
authorized investigation. Each applicant, employee, or
volunteer of a child care facility or non-licensed service
provider shall submit the applicant's, employee's, or
volunteer's his or her fingerprints to the Illinois State
Police in the form and manner prescribed by the Illinois State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois State Police shall
charge a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall provide information concerning
any criminal charges, and their disposition, now or hereafter
filed, against an applicant, employee, or volunteer of a child

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care facility or non-licensed service provider upon request of
the Department of Children and Family Services when the
request is made in the form and manner required by the Illinois
State Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or
non-licensed service provider investigated under this Section,
including the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department on the
application. State conviction information provided by the
Illinois State Police regarding employees, prospective
employees, or volunteers of non-licensed service providers and
child care facilities licensed under this Act shall be
provided to the operator of such facility, and, upon request,
to the employee, prospective employee, or volunteer of a child
care facility or non-licensed service provider. Any
information concerning criminal charges and the disposition of
such charges obtained by the Department shall be confidential
and may not be transmitted outside the Department, except as
required herein, and may not be transmitted to anyone within
the Department except as needed for the purpose of evaluating
an application or an employee or volunteer of a child care
facility or non-licensed service provider. Only information

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and standards which bear a reasonable and rational relation to
the performance of a child care facility shall be used by the
Department or any licensee. Any employee of the Department of
Children and Family Services, Illinois State Police, or a
child care facility receiving confidential information under
this Section who gives or causes to be given any confidential
information concerning any criminal convictions of an
applicant, employee, or volunteer of a child care facility or
non-licensed service provider, shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this Section.
A child care facility may hire, on a probationary basis,
any employee or volunteer of a child care facility or
non-licensed service provider authorizing a criminal
background investigation under this Section, pending the
result of such investigation. Employees and volunteers of a
child care facility or non-licensed service provider shall be
notified prior to hiring that such employment may be
terminated on the basis of criminal background information
obtained by the facility.
(Source: P.A. 102-538, eff. 8-20-21.)
(225 ILCS 10/4.2) (from Ch. 23, par. 2214.2)
Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as

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required by Section 4.1.
(b) In addition to the other provisions of this Section,
no applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under the Sexually Dangerous Persons Act "An Act in relation
to sexually dangerous persons, and providing for their
commitment, detention and supervision", approved July 6, 1938,
as amended, or convicted of committing or attempting to commit
any of the following offenses stipulated under the Criminal
Code of 1961 or the Criminal Code of 2012:
(1) murder;
(1.1) solicitation of murder;
(1.2) solicitation of murder for hire;
(1.3) intentional homicide of an unborn child;
(1.4) voluntary manslaughter of an unborn child;
(1.5) involuntary manslaughter;
(1.6) reckless homicide;
(1.7) concealment of a homicidal death;
(1.8) involuntary manslaughter of an unborn child;
(1.9) reckless homicide of an unborn child;
(1.10) drug-induced homicide;
(2) a sex offense under Article 11, except offenses
described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
11-40, and 11-45;
(3) kidnapping;

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(3.1) aggravated unlawful restraint;
(3.2) forcible detention;
(3.3) harboring a runaway;
(3.4) aiding and abetting child abduction;
(4) aggravated kidnapping;
(5) child abduction;
(6) aggravated battery of a child as described in
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
(7) criminal sexual assault;
(8) aggravated criminal sexual assault;
(8.1) predatory criminal sexual assault of a child;
(9) criminal sexual abuse;
(10) aggravated sexual abuse;
(11) heinous battery as described in Section 12-4.1 or
subdivision (a)(2) of Section 12-3.05;
(12) 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;
(13) tampering with food, drugs, or cosmetics;
(14) drug induced infliction of great bodily harm as
described in Section 12-4.7 or subdivision (g)(1) of
Section 12-3.05;
(15) hate crime;
(16) stalking;
(17) aggravated stalking;
(18) threatening public officials;

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(19) home invasion;
(20) vehicular invasion;
(21) criminal transmission of HIV;
(22) criminal abuse or neglect of an elderly person or
person with a disability as described in Section 12-21 or
subsection (e) of Section 12-4.4a;
(23) child abandonment;
(24) endangering the life or health of a child;
(25) ritual mutilation;
(26) ritualized abuse of a child;
(27) an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship
to any of the foregoing offenses.
(b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive
a license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to
any of the following offenses:
(I) BODILY HARM

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(1) Felony aggravated assault.
(2) Vehicular endangerment.
(3) Felony domestic battery.
(4) Aggravated battery.
(5) Heinous battery.
(6) Aggravated battery with a firearm.
(7) Aggravated battery of an unborn child.
(8) Aggravated battery of a senior citizen.
(9) Intimidation.
(10) Compelling organization membership of persons.
(11) Abuse and criminal neglect of a long term care
facility resident.
(12) Felony violation of an order of protection.
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(1) Felony unlawful use of weapons.
(2) Aggravated discharge of a firearm.
(3) Reckless discharge of a firearm.
(4) Unlawful use of metal piercing bullets.
(5) Unlawful sale or delivery of firearms on the
premises of any school.
(6) Disarming a police officer.
(7) Obstructing justice.
(8) Concealing or aiding a fugitive.
(9) Armed violence.

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(10) Felony contributing to the criminal delinquency
of a juvenile.
(III) DRUG OFFENSES
(1) Possession of more than 30 grams of cannabis.
(2) Manufacture of more than 10 grams of cannabis.
(3) Cannabis trafficking.
(4) Delivery of cannabis on school grounds.
(5) Unauthorized production of more than 5 cannabis
sativa plants.
(6) Calculated criminal cannabis conspiracy.
(7) Unauthorized manufacture or delivery of controlled
substances.
(8) Controlled substance trafficking.
(9) Manufacture, distribution, or advertisement of
look-alike substances.
(10) Calculated criminal drug conspiracy.
(11) Street gang criminal drug conspiracy.
(12) Permitting unlawful use of a building.
(13) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(14) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.

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(15) Delivery of controlled substances.
(16) Sale or delivery of drug paraphernalia.
(17) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(18) Felony possession of a controlled substance.
(19) Any violation of the Methamphetamine Control and
Community Protection Act.
(b-1.5) In addition to any other provision of this
Section, for applicants with access to confidential financial
information or who submit documentation to support billing,
the Department may, in its discretion, deny or refuse to renew
a license to an applicant who has been convicted of committing
or attempting to commit any of the following felony offenses:
(1) financial institution fraud under Section 17-10.6
of the Criminal Code of 1961 or the Criminal Code of 2012;
(2) identity theft under Section 16-30 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(3) financial exploitation of an elderly person or a
person with a disability under Section 17-56 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(4) computer tampering under Section 17-51 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(5) aggravated computer tampering under Section 17-52
of the Criminal Code of 1961 or the Criminal Code of 2012;
(6) computer fraud under Section 17-50 of the Criminal

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Code of 1961 or the Criminal Code of 2012;
(7) deceptive practices under Section 17-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(8) forgery under Section 17-3 of the Criminal Code of
1961 or the Criminal Code of 2012;
(9) State benefits fraud under Section 17-6 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(10) mail fraud and wire fraud under Section 17-24 of
the Criminal Code of 1961 or the Criminal Code of 2012;
(11) theft under paragraphs (1.1) through (11) of
subsection (b) of Section 16-1 of the Criminal Code of
1961 or the Criminal Code of 2012.
(b-2) Notwithstanding subsection (b-1), the Department may
make an exception and, for child care facilities other than
foster family homes, issue a new child care facility license
to or renew the existing child care facility license of an
applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
(1) The relevant criminal offense occurred more than 5
years prior to the date of application or renewal, except
for drug offenses. The relevant drug offense must have
occurred more than 10 years prior to the date of
application or renewal, unless the applicant passed a drug

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test, arranged and paid for by the child care facility, no
less than 5 years after the offense.
(2) The Department must conduct a background check and
assess all convictions and recommendations of the child
care facility to determine if hiring or licensing the
applicant is in accordance with Department administrative
rules and procedures.
(3) The applicant meets all other requirements and
qualifications to be licensed as the pertinent type of
child care facility under this Act and the Department's
administrative rules.
(c) In addition to the other provisions of this Section,
no applicant may receive a license from the Department to
operate a foster family home, and no adult person may reside in
a foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Criminal Code of 2012, the Cannabis Control Act, the
Methamphetamine Control and Community Protection Act, and the
Illinois Controlled Substances Act:
(I) OFFENSES DIRECTED AGAINST THE PERSON
(A) KIDNAPPING AND RELATED OFFENSES
(1) Unlawful restraint.

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(B) BODILY HARM
(2) Felony aggravated assault.
(3) Vehicular endangerment.
(4) Felony domestic battery.
(5) Aggravated battery.
(6) Heinous battery.
(7) Aggravated battery with a firearm.
(8) Aggravated battery of an unborn child.
(9) Aggravated battery of a senior citizen.
(10) Intimidation.
(11) Compelling organization membership of persons.
(12) Abuse and criminal neglect of a long term care
facility resident.
(13) Felony violation of an order of protection.
(II) OFFENSES DIRECTED AGAINST PROPERTY
(14) Felony theft.
(15) Robbery.
(16) Armed robbery.
(17) Aggravated robbery.
(18) Vehicular hijacking.
(19) Aggravated vehicular hijacking.
(20) Burglary.
(21) Possession of burglary tools.
(22) Residential burglary.

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(23) Criminal fortification of a residence or
building.
(24) Arson.
(25) Aggravated arson.
(26) Possession of explosive or explosive incendiary
devices.
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
(27) Felony unlawful use of weapons.
(28) Aggravated discharge of a firearm.
(29) Reckless discharge of a firearm.
(30) Unlawful use of metal piercing bullets.
(31) Unlawful sale or delivery of firearms on the
premises of any school.
(32) Disarming a police officer.
(33) Obstructing justice.
(34) Concealing or aiding a fugitive.
(35) Armed violence.
(36) Felony contributing to the criminal delinquency
of a juvenile.
(IV) DRUG OFFENSES
(37) Possession of more than 30 grams of cannabis.
(38) Manufacture of more than 10 grams of cannabis.

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(39) Cannabis trafficking.
(40) Delivery of cannabis on school grounds.
(41) Unauthorized production of more than 5 cannabis
sativa plants.
(42) Calculated criminal cannabis conspiracy.
(43) Unauthorized manufacture or delivery of
controlled substances.
(44) Controlled substance trafficking.
(45) Manufacture, distribution, or advertisement of
look-alike substances.
(46) Calculated criminal drug conspiracy.
(46.5) Streetgang criminal drug conspiracy.
(47) Permitting unlawful use of a building.
(48) Delivery of controlled, counterfeit, or
look-alike substances to persons under age 18, or at truck
stops, rest stops, or safety rest areas, or on school
property.
(49) Using, engaging, or employing persons under 18 to
deliver controlled, counterfeit, or look-alike substances.
(50) Delivery of controlled substances.
(51) Sale or delivery of drug paraphernalia.
(52) Felony possession, sale, or exchange of
instruments adapted for use of a controlled substance,
methamphetamine, or cannabis by subcutaneous injection.
(53) Any violation of the Methamphetamine Control and
Community Protection Act.

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(d) Notwithstanding subsection (c), the Department may
make an exception and issue a new foster family home license or
may renew an existing foster family home license of an
applicant who was convicted of an offense described in
subsection (c), provided all of the following requirements are
met:
(1) The relevant criminal offense or offenses occurred
more than 10 years prior to the date of application or
renewal.
(2) The applicant had previously disclosed the
conviction or convictions to the Department for purposes
of a background check.
(3) After the disclosure, the Department either placed
a child in the home or the foster family home license was
issued.
(4) During the background check, the Department had
assessed and waived the conviction in compliance with the
existing statutes and rules in effect at the time of the
hire or licensure.
(5) The applicant meets all other requirements and
qualifications to be licensed as a foster family home
under this Act and the Department's administrative rules.
(6) The applicant has a history of providing a safe,
stable home environment and appears able to continue to
provide a safe, stable home environment.
(e) In evaluating the exception pursuant to subsections

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(b-2) and (d), the Department must carefully review any
relevant documents to determine whether the applicant, despite
the disqualifying convictions, poses a substantial risk to
State resources or clients. In making such a determination,
the following guidelines shall be used:
(1) the age of the applicant when the offense was
committed;
(2) the circumstances surrounding the offense;
(3) the length of time since the conviction;
(4) the specific duties and responsibilities
necessarily related to the license being applied for and
the bearing, if any, that the applicant's conviction
history may have on the applicant's his or her fitness to
perform these duties and responsibilities;
(5) the applicant's employment references;
(6) the applicant's character references and any
certificates of achievement;
(7) an academic transcript showing educational
attainment since the disqualifying conviction;
(8) a Certificate of Relief from Disabilities or
Certificate of Good Conduct; and
(9) anything else that speaks to the applicant's
character.
(Source: P.A. 101-112, eff. 7-19-19.)
(225 ILCS 10/5.1) (from Ch. 23, par. 2215.1)

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(Text of Section before amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no day care
center, group home or child care institution as defined in
this Act shall on a regular basis transport a child or children
with any motor vehicle unless such vehicle is operated by a
person who complies with the following requirements:
1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that the person he has not, through the
unlawful operation of a motor vehicle, caused an accident
which resulted in the death of any person within the 5
years immediately prior to the date of application.

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However, such day care centers, group homes and child care
institutions may provide for transportation of a child or
children for special outings, functions or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every person individual employed at a group home or
child care institution who regularly transports children in
the course of performing the person's his or her duties, the
Department must make the verification every 2 years. Upon the
Department's request, the Secretary of State shall provide the
Department with the information necessary to enable the
Department to make the verifications required under subsection
(a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make
that verification with the Secretary of State before the
individual operates a motor vehicle to transport a child or
children under the circumstances described in subsection (a).

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In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home or child
care institution that fails to meet the requirements of this
Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.
(Source: P.A. 94-943, eff. 1-1-07.)

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(Text of Section after amendment by P.A. 102-982)
Sec. 5.1. (a) The Department shall ensure that no day care
center, group home or child care institution as defined in
this Act shall on a regular basis transport a child or children
with any motor vehicle unless such vehicle is operated by a
person who complies with the following requirements:
1. is 21 years of age or older;
2. currently holds a valid driver's license, which has
not been revoked or suspended for one or more traffic
violations during the 3 years immediately prior to the
date of application;
3. demonstrates physical fitness to operate vehicles
by submitting the results of a medical examination
conducted by a licensed physician;
4. has not been convicted of more than 2 offenses
against traffic regulations governing the movement of
vehicles within a twelve month period;
5. has not been convicted of reckless driving or
driving under the influence or manslaughter or reckless
homicide resulting from the operation of a motor vehicle
within the past 3 years;
6. has signed and submitted a written statement
certifying that the person he has not, through the
unlawful operation of a motor vehicle, caused a crash
which resulted in the death of any person within the 5

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years immediately prior to the date of application.
However, such day care centers, group homes and child care
institutions may provide for transportation of a child or
children for special outings, functions or purposes that are
not scheduled on a regular basis without verification that
drivers for such purposes meet the requirements of this
Section.
(a-5) As a means of ensuring compliance with the
requirements set forth in subsection (a), the Department shall
implement appropriate measures to verify that every individual
who is employed at a group home or child care institution meets
those requirements.
For every person individual employed at a group home or
child care institution who regularly transports children in
the course of performing the person's his or her duties, the
Department must make the verification every 2 years. Upon the
Department's request, the Secretary of State shall provide the
Department with the information necessary to enable the
Department to make the verifications required under subsection
(a).
In the case of an individual employed at a group home or
child care institution who becomes subject to subsection (a)
for the first time after the effective date of this amendatory
Act of the 94th General Assembly, the Department must make
that verification with the Secretary of State before the
individual operates a motor vehicle to transport a child or

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children under the circumstances described in subsection (a).
In the case of an individual employed at a group home or
child care institution who is subject to subsection (a) on the
effective date of this amendatory Act of the 94th General
Assembly, the Department must make that verification with the
Secretary of State within 30 days after that effective date.
If the Department discovers that an individual fails to
meet the requirements set forth in subsection (a), the
Department shall promptly notify the appropriate group home or
child care institution.
(b) Any individual who holds a valid Illinois school bus
driver permit issued by the Secretary of State pursuant to The
Illinois Vehicle Code, and who is currently employed by a
school district or parochial school, or by a contractor with a
school district or parochial school, to drive a school bus
transporting children to and from school, shall be deemed in
compliance with the requirements of subsection (a).
(c) The Department may, pursuant to Section 8 of this Act,
revoke the license of any day care center, group home or child
care institution that fails to meet the requirements of this
Section.
(d) A group home or child care institution that fails to
meet the requirements of this Section is guilty of a petty
offense and is subject to a fine of not more than $1,000. Each
day that a group home or child care institution fails to meet
the requirements of this Section is a separate offense.

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(Source: P.A. 102-982, eff. 7-1-23.)
(225 ILCS 10/5.3)
Sec. 5.3. Lunches in day care homes. In order to increase
the affordability and availability of day care, a day care
home licensed under this Act may allow any child it receives to
bring the child's his or her lunch for consumption instead of
or in addition to the lunch provided by the day care home.
(Source: P.A. 90-242, eff. 1-1-98.)
(225 ILCS 10/7) (from Ch. 23, par. 2217)
Sec. 7. (a) The Department must prescribe and publish
minimum standards for licensing that apply to the various
types of facilities for child care defined in this Act and that
are equally applicable to like institutions under the control
of the Department and to foster family homes used by and under
the direct supervision of the Department. The Department shall
seek the advice and assistance of persons representative of
the various types of child care facilities in establishing
such standards. The standards prescribed and published under
this Act take effect as provided in the Illinois
Administrative Procedure Act, and are restricted to
regulations pertaining to the following matters and to any
rules and regulations required or permitted by any other
Section of this Act:
(1) The operation and conduct of the facility and

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responsibility it assumes for child care;
(2) The character, suitability and qualifications of
the applicant and other persons directly responsible for
the care and welfare of children served. All child day
care center licensees and employees who are required to
report child abuse or neglect under the Abused and
Neglected Child Reporting Act shall be required to attend
training on recognizing child abuse and neglect, as
prescribed by Department rules;
(3) The general financial ability and competence of
the applicant to provide necessary care for children and
to maintain prescribed standards;
(4) The number of individuals or staff required to
insure adequate supervision and care of the children
received. The standards shall provide that each child care
institution, maternity center, day care center, group
home, day care home, and group day care home shall have on
its premises during its hours of operation at least one
staff member certified in first aid, in the Heimlich
maneuver and in cardiopulmonary resuscitation by the
American Red Cross or other organization approved by rule
of the Department. Child welfare agencies shall not be
subject to such a staffing requirement. The Department may
offer, or arrange for the offering, on a periodic basis in
each community in this State in cooperation with the
American Red Cross, the American Heart Association or

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other appropriate organization, voluntary programs to
train operators of foster family homes and day care homes
in first aid and cardiopulmonary resuscitation;
(5) The appropriateness, safety, cleanliness, and
general adequacy of the premises, including maintenance of
adequate fire prevention and health standards conforming
to State laws and municipal codes to provide for the
physical comfort, care, and well-being of children
received;
(6) Provisions for food, clothing, educational
opportunities, program, equipment and individual supplies
to assure the healthy physical, mental, and spiritual
development of children served;
(7) Provisions to safeguard the legal rights of
children served;
(8) Maintenance of records pertaining to the
admission, progress, health, and discharge of children,
including, for day care centers and day care homes,
records indicating each child has been immunized as
required by State regulations. The Department shall
require proof that children enrolled in a facility have
been immunized against Haemophilus Influenzae B (HIB);
(9) Filing of reports with the Department;
(10) Discipline of children;
(11) Protection and fostering of the particular
religious faith of the children served;

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(12) Provisions prohibiting firearms on day care
center premises except in the possession of peace
officers;
(13) Provisions prohibiting handguns on day care home
premises except in the possession of peace officers or
other adults who must possess a handgun as a condition of
employment and who reside on the premises of a day care
home;
(14) Provisions requiring that any firearm permitted
on day care home premises, except handguns in the
possession of peace officers, shall be kept in a
disassembled state, without ammunition, in locked storage,
inaccessible to children and that ammunition permitted on
day care home premises shall be kept in locked storage
separate from that of disassembled firearms, inaccessible
to children;
(15) Provisions requiring notification of parents or
guardians enrolling children at a day care home of the
presence in the day care home of any firearms and
ammunition and of the arrangements for the separate,
locked storage of such firearms and ammunition;
(16) Provisions requiring all licensed child care
facility employees who care for newborns and infants to
complete training every 3 years on the nature of sudden
unexpected infant death (SUID), sudden infant death
syndrome (SIDS), and the safe sleep recommendations of the

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American Academy of Pediatrics; and
(17) With respect to foster family homes, provisions
requiring the Department to review quality of care
concerns and to consider those concerns in determining
whether a foster family home is qualified to care for
children.
By July 1, 2022, all licensed day care home providers,
licensed group day care home providers, and licensed day care
center directors and classroom staff shall participate in at
least one training that includes the topics of early childhood
social emotional learning, infant and early childhood mental
health, early childhood trauma, or adverse childhood
experiences. Current licensed providers, directors, and
classroom staff shall complete training by July 1, 2022 and
shall participate in training that includes the above topics
at least once every 3 years.
(b) If, in a facility for general child care, there are
children diagnosed as mentally ill or children diagnosed as
having an intellectual or physical disability, who are
determined to be in need of special mental treatment or of
nursing care, or both mental treatment and nursing care, the
Department shall seek the advice and recommendation of the
Department of Human Services, the Department of Public Health,
or both Departments regarding the residential treatment and
nursing care provided by the institution.
(c) The Department shall investigate any person applying

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to be licensed as a foster parent to determine whether there is
any evidence of current drug or alcohol abuse in the
prospective foster family. The Department shall not license a
person as a foster parent if drug or alcohol abuse has been
identified in the foster family or if a reasonable suspicion
of such abuse exists, except that the Department may grant a
foster parent license to an applicant identified with an
alcohol or drug problem if the applicant has successfully
participated in an alcohol or drug treatment program,
self-help group, or other suitable activities and if the
Department determines that the foster family home can provide
a safe, appropriate environment and meet the physical and
emotional needs of children.
(d) The Department, in applying standards prescribed and
published, as herein provided, shall offer consultation
through employed staff or other qualified persons to assist
applicants and licensees in meeting and maintaining minimum
requirements for a license and to help them otherwise to
achieve programs of excellence related to the care of children
served. Such consultation shall include providing information
concerning education and training in early childhood
development to providers of day care home services. The
Department may provide or arrange for such education and
training for those providers who request such assistance.
(e) The Department shall distribute copies of licensing
standards to all licensees and applicants for a license. Each

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licensee or holder of a permit shall distribute copies of the
appropriate licensing standards and any other information
required by the Department to child care facilities under its
supervision. Each licensee or holder of a permit shall
maintain appropriate documentation of the distribution of the
standards. Such documentation shall be part of the records of
the facility and subject to inspection by authorized
representatives of the Department.
(f) The Department shall prepare summaries of day care
licensing standards. Each licensee or holder of a permit for a
day care facility shall distribute a copy of the appropriate
summary and any other information required by the Department,
to the legal guardian of each child cared for in that facility
at the time when the child is enrolled or initially placed in
the facility. The licensee or holder of a permit for a day care
facility shall secure appropriate documentation of the
distribution of the summary and brochure. Such documentation
shall be a part of the records of the facility and subject to
inspection by an authorized representative of the Department.
(g) The Department shall distribute to each licensee and
holder of a permit copies of the licensing or permit standards
applicable to such person's facility. Each licensee or holder
of a permit shall make available by posting at all times in a
common or otherwise accessible area a complete and current set
of licensing standards in order that all employees of the
facility may have unrestricted access to such standards. All

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employees of the facility shall have reviewed the standards
and any subsequent changes. Each licensee or holder of a
permit shall maintain appropriate documentation of the current
review of licensing standards by all employees. Such records
shall be part of the records of the facility and subject to
inspection by authorized representatives of the Department.
(h) Any standards involving physical examinations,
immunization, or medical treatment shall include appropriate
exemptions for children whose parents object thereto on the
grounds that they conflict with the tenets and practices of a
recognized church or religious organization, of which the
parent is an adherent or member, and for children who should
not be subjected to immunization for clinical reasons.
(i) The Department, in cooperation with the Department of
Public Health, shall work to increase immunization awareness
and participation among parents of children enrolled in day
care centers and day care homes by publishing on the
Department's website information about the benefits of
immunization against vaccine preventable diseases, including
influenza and pertussis. The information for vaccine
preventable diseases shall include the incidence and severity
of the diseases, the availability of vaccines, and the
importance of immunizing children and persons who frequently
have close contact with children. The website content shall be
reviewed annually in collaboration with the Department of
Public Health to reflect the most current recommendations of

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the Advisory Committee on Immunization Practices (ACIP). The
Department shall work with day care centers and day care homes
licensed under this Act to ensure that the information is
annually distributed to parents in August or September.
(j) Any standard adopted by the Department that requires
an applicant for a license to operate a day care home to
include a copy of a high school diploma or equivalent
certificate with the person's his or her application shall be
deemed to be satisfied if the applicant includes a copy of a
high school diploma or equivalent certificate or a copy of a
degree from an accredited institution of higher education or
vocational institution or equivalent certificate.
(Source: P.A. 102-4, eff. 4-27-21.)
(225 ILCS 10/7.2) (from Ch. 23, par. 2217.2)
Sec. 7.2. Employer discrimination. (a) For purposes of
this Section, "employer" means a licensee or holder of a
permit subject to this Act. "Employee" means an employee of
such an employer.
(b) No employer shall discharge, demote or suspend, or
threaten to discharge, demote or suspend, or in any manner
discriminate against any employee who:
(1) Makes any good faith oral or written complaint of any
employer's violation of any licensing or other laws (including
but not limited to laws concerning child abuse or the
transportation of children) which may result in closure of the

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facility pursuant to Section 11.2 of this Act to the
Department or other agency having statutory responsibility for
the enforcement of such laws or to the employer or
representative of the employer;
(2) Institutes or causes to be instituted against any
employer any proceeding concerning the violation of any
licensing or other laws, including a proceeding to revoke or
to refuse to renew a license under Section 9 of this Act;
(3) Is or will be a witness or testify in any proceeding
concerning the violation of any licensing or other laws,
including a proceeding to revoke or to refuse to renew a
license under Section 9 of this Act; or
(4) Refuses to perform work in violation of a licensing or
other law or regulation after notifying the employer of the
violation.
(c)(1) A claim by an employee alleging an employer's
violation of subsection (b) of this Section shall be presented
to the employer within 30 days after the date of the action
complained of and shall be filed with the Department of Labor
within 60 days after the date of the action complained of.
(2) Upon receipt of the complaint, the Department of Labor
shall conduct whatever investigation it deems appropriate, and
may hold a hearing. After investigation or hearing, the
Department of Labor shall determine whether the employer has
violated subsection (b) of this Section and it shall notify
the employer and the employee of its determination.

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(3) If the Department of Labor determines that the
employer has violated subsection (b) of this Section, and the
employer refuses to take remedial action to comply with the
determination, the Department of Labor shall so notify the
Attorney General, who shall bring an action against the
employer in the circuit court seeking enforcement of its
determination. The court may order any appropriate relief,
including rehiring and reinstatement of the employee to the
person's his or her former position with backpay and other
benefits.
(d) Except for any grievance procedure, arbitration or
hearing which is available to the employee pursuant to a
collective bargaining agreement, this Section shall be the
exclusive remedy for an employee complaining of any action
described in subsection (b).
(e) Any employer who willfully wilfully refuses to rehire,
promote or otherwise restore an employee or former employee
who has been determined eligible for rehiring or promotion as
a result of any grievance procedure, arbitration or hearing
authorized by law shall be guilty of a Class A misdemeanor.
(Source: P.A. 85-987.)
(225 ILCS 10/7.3)
Sec. 7.3. Children placed by private child welfare agency.
(a) Before placing a child who is a youth in care in a
foster family home, a private child welfare agency must

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ascertain (i) whether any other children who are youth in care
have been placed in that home and (ii) whether every such child
who has been placed in that home continues to reside in that
home, unless the child has been transferred to another
placement or is no longer a youth in care. The agency must keep
a record of every other child welfare agency that has placed
such a child in that foster family home; the record must
include the name and telephone number of a contact person at
each such agency.
(b) At least once every 30 days, a private child welfare
agency that places youth in care in foster family homes must
make a site visit to every such home where it has placed a
youth in care. The purpose of the site visit is to verify that
the child continues to reside in that home and to verify the
child's safety and well-being. The agency must document the
verification in its records. If a private child welfare agency
fails to comply with the requirements of this subsection, the
Department must suspend all payments to the agency until the
agency complies.
(c) The Department must periodically (but no less often
than once every 6 months) review the child placement records
of each private child welfare agency that places youth in
care.
(d) If a child placed in a foster family home is missing,
the foster parent must promptly report that fact to the
Department or to the child welfare agency that placed the

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child in the home. If the foster parent fails to make such a
report, the Department shall put the home on hold for the
placement of other children and initiate corrective action
that may include revocation of the foster parent's license to
operate the foster family home. A foster parent who knowingly
and willfully fails to report a missing foster child under
this subsection is guilty of a Class A misdemeanor.
(e) If a private child welfare agency determines that a
youth in care whom it has placed in a foster family home no
longer resides in that home, the agency must promptly report
that fact to the Department. If the agency fails to make such a
report, the Department shall put the agency on hold for the
placement of other children and initiate corrective action
that may include revocation of the agency's license.
(f) When a child is missing from a foster home, the
Department or private agency in charge of case management
shall report regularly to the foster parent concerning efforts
to locate the missing child.
(g) The Department must strive to account for the status
and whereabouts of every one of its youth in care who it
determines is not residing in the authorized placement in
which the youth he or she was placed.
(Source: P.A. 100-159, eff. 8-18-17.)
(225 ILCS 10/7.4)
Sec. 7.4. Disclosures.

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(a) Every licensed child welfare agency providing adoption
services shall provide to all prospective clients and to the
public written disclosures with respect to its adoption
services, policies, and practices, including general
eligibility criteria, fees, and the mutual rights and
responsibilities of clients, including birth biological
parents and adoptive parents. The written disclosure shall be
posted on any website maintained by the child welfare agency
that relates to adoption services. The Department shall adopt
rules relating to the contents of the written disclosures.
Eligible agencies may be deemed compliant with this subsection
(a).
(b) Every licensed child welfare agency providing adoption
services shall provide to all applicants, prior to
application, a written schedule of estimated fees, expenses,
and refund policies. Every child welfare agency providing
adoption services shall have a written policy that shall be
part of its standard adoption contract and state that it will
not charge additional fees and expenses beyond those disclosed
in the adoption contract unless additional fees are reasonably
required by the circumstances and are disclosed to the
adoptive parents or parent before they are incurred. The
Department shall adopt rules relating to the contents of the
written schedule and policy. Eligible agencies may be deemed
compliant with this subsection (b).
(c) Every licensed child welfare agency providing adoption

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services must make full and fair disclosure to its clients,
including birth biological parents and adoptive parents, of
all circumstances material to the placement of a child for
adoption. The Department shall adopt rules necessary for the
implementation and regulation of the requirements of this
subsection (c).
(c-5) Whenever a licensed child welfare agency places a
child in a licensed foster family home or an adoption-only
home, the agency shall provide the following to the caretaker
or prospective adoptive parent:
(1) Available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes,
excluding any information that identifies or reveals the
location of any previous caretaker.
(2) A copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the child.
(3) Information containing details of the child's
individualized educational plan when the child is
receiving special education services.
(4) Any known social or behavioral information
(including, but not limited to, criminal background, fire
setting, perpetration of sexual abuse, destructive

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behavior, and substance abuse) necessary to care for and
safeguard the child.
The agency may prepare a written summary of the
information required by this subsection, which may be provided
to the foster or prospective adoptive parent in advance of a
placement. The foster or prospective adoptive parent may
review the supporting documents in the child's file in the
presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide information
verbally, if necessary, and must subsequently provide the
information in writing as required by this subsection. In the
case of emergency placements when time does not allow prior
review, preparation, and collection of written information,
the agency shall provide such information as it becomes
available.
The Department shall adopt rules necessary for the
implementation and regulation of the requirements of this
subsection (c-5).
(d) Every licensed child welfare agency providing adoption
services shall meet minimum standards set forth by the
Department concerning the taking or acknowledging of a consent
prior to taking or acknowledging a consent from a prospective
birth biological parent. The Department shall adopt rules
concerning the minimum standards required by agencies under
this Section.
(Source: P.A. 99-833, eff. 1-1-17.)

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(225 ILCS 10/7.6)
Sec. 7.6. Annual report. Every licensed child welfare
agency providing adoption services shall file an annual report
with the Department and with the Attorney General on forms and
on a date prescribed by the Department. The annual reports for
the preceding 2 years must be made available, upon request, to
the public by the Department and every licensed agency and
must be included on the website of the Department. Each
licensed agency that maintains a website shall provide the
reports on its website. The annual report shall include all of
the following matters and all other matters required by the
Department:
(1) a balance sheet and a statement of income and
expenses for the year, certified by an independent public
accountant; for purposes of this item (1), the audit
report filed by an agency with the Department may be
included in the annual report and, if so, shall be
sufficient to comply with the requirement of this item
(1);
(2) non-identifying information concerning the
placements made by the agency during the year, consisting
of the number of adoptive families in the process of
obtaining approval for an adoption-only home, the number
of adoptive families that are approved and awaiting
placement, the number of birth biological parents that the

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agency is actively working with, the number of placements,
and the number of adoptions initiated during the year and
the status of each matter at the end of the year;
(3) any instance during the year in which the agency
lost the right to provide adoption services in any State
or country, had its license suspended for cause, or was
the subject of other sanctions by any court, governmental
agency, or governmental regulatory body relating to the
provision of adoption services;
(4) any actions related to licensure that were
initiated against the agency during the year by a
licensing or accrediting body;
(5) any pending investigations by federal or State
authorities;
(6) any criminal charges, child abuse charges,
malpractice complaints, or lawsuits against the agency or
any of its employees, officers, or directors related to
the provision of adoption services and the basis or
disposition of the actions;
(7) any instance in the year where the agency was
found guilty of, or pled guilty to, any criminal or civil
or administrative violation under federal, State, or
foreign law that relates to the provision of adoption
services;
(8) any instance in the year where any employee,
officer, or director of the agency was found guilty of any

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crime or was determined to have violated a civil law or
administrative rule under federal, State, or foreign law
relating to the provision of adoption services; and
(9) any civil or administrative proceeding instituted
by the agency during the year and relating to adoption
services, excluding uncontested adoption proceedings and
proceedings filed pursuant to Section 12a of the Adoption
Act.
Failure to disclose information required under this
Section may result in the suspension of the agency's license
for a period of 90 days. Subsequent violations may result in
revocation of the license.
Information disclosed in accordance with this Section
shall be subject to the applicable confidentiality
requirements of this Act and the Adoption Act.
(Source: P.A. 99-833, eff. 1-1-17.)
(225 ILCS 10/7.7)
Sec. 7.7. Certain waivers prohibited. Licensed child
welfare agencies providing adoption services shall not require
birth biological or adoptive parents to sign any document that
purports to waive claims against an agency for intentional or
reckless acts or omissions or for gross negligence. Nothing in
this Section shall require an agency to assume risks that are
not within the reasonable control of the agency.
(Source: P.A. 94-586, eff. 8-15-05.)

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(225 ILCS 10/9) (from Ch. 23, par. 2219)
Sec. 9. Prior to revocation or refusal to renew a license,
the Department shall notify the licensee by registered mail
with postage prepaid, at the address specified on the license,
or at the address of the ranking or presiding officer of a
board of directors, or any equivalent body conducting a child
care facility, of the contemplated action and that the
licensee may, within 10 days of such notification, dating from
the postmark of the registered mail, request in writing a
public hearing before the Department, and, at the same time,
may request a written statement of charges from the
Department.
(a) Upon written request by the licensee, the Department
shall furnish such written statement of charges, and, at the
same time, shall set the date and place for the hearing. The
charges and notice of the hearing shall be delivered by
registered mail with postage prepaid, and the hearing must be
held within 30 days, dating from the date of the postmark of
the registered mail, except that notification must be made at
least 15 days in advance of the date set for the hearing.
(b) If no request for a hearing is made within 10 days
after notification, or if the Department determines, upon
holding a hearing, that the license should be revoked or
renewal denied, then the license shall be revoked or renewal
denied.

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(c) Upon the hearing of proceedings in which the license
is revoked, renewal of license is refused or full license is
denied, the Director of the Department, or any officer or
employee duly authorized by the Director him in writing, may
administer oaths and the Department may procure, by its
subpoena, the attendance of witnesses and the production of
relevant books and papers.
(d) At the time and place designated, the Director of the
Department or the officer or employee authorized by the
Director him in writing, shall hear the charges, and both the
Department and the licensee shall be allowed to present in
person or by counsel such statements, testimony and evidence
as may be pertinent to the charges or to the defense thereto.
The hearing officer may continue such hearing from time to
time, but not to exceed a single period of 30 days, unless
special extenuating circumstances make further continuance
feasible.
(Source: P.A. 83-1362.)
(225 ILCS 10/9.1b)
Sec. 9.1b. Complaint procedures. All child welfare
agencies providing adoption services shall be required by the
Department to have complaint policies and procedures that
shall be provided in writing to their prospective clients,
including birth biological parents, adoptive parents, and
adoptees that they have served, at the earliest time possible,

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and, in the case of birth biological and adoptive parents,
prior to placement or prior to entering into any written
contract with the clients. These complaint procedures must be
filed with the Department within 6 months after the effective
date of this amendatory Act of the 94th General Assembly.
Failure to comply with this Section may result in the
suspension of licensure for a period of 90 days. Subsequent
violations may result in licensure revocation. The Department
shall adopt rules that describe the complaint procedures
required by each agency. These rules shall include without
limitation prompt complaint response time, recording of the
complaints, prohibition of agency retaliation against the
person making the complaint, and agency reporting of all
complaints to the Department in a timely manner. Any agency
that maintains a website shall post the prescribed complaint
procedures and its license number, as well as the statewide
toll-free complaint registry telephone number, on its website.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/12) (from Ch. 23, par. 2222)
Sec. 12. Advertisements.
(a) In this Section, "advertise" means communication by
any public medium originating or distributed in this State,
including, but not limited to, newspapers, periodicals,
telephone book listings, outdoor advertising signs, radio, or
television.

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(b) A child care facility or child welfare agency licensed
or operating under a permit issued by the Department may
publish advertisements for the services that the facility is
specifically licensed or issued a permit under this Act to
provide. A person, group of persons, agency, association,
organization, corporation, institution, center, or group who
advertises or causes to be published any advertisement
offering, soliciting, or promising to perform adoption
services as defined in Section 2.24 of this Act is guilty of a
Class A misdemeanor and shall be subject to a fine not to
exceed $10,000 or 9 months imprisonment for each
advertisement, unless that person, group of persons, agency,
association, organization, corporation, institution, center,
or group is (i) licensed or operating under a permit issued by
the Department as a child care facility or child welfare
agency, (ii) a birth biological parent or a prospective
adoptive parent acting on the birth parent's or prospective
adoptive parent's his or her own behalf, or (iii) a licensed
attorney advertising the licensed attorney's his or her
availability to provide legal services relating to adoption,
as permitted by law.
(c) Every advertisement published after the effective date
of this amendatory Act of the 94th General Assembly shall
include the Department-issued license number of the facility
or agency.
(d) Any licensed child welfare agency providing adoption

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services that, after the effective date of this amendatory Act
of the 94th General Assembly, causes to be published an
advertisement containing reckless or intentional
misrepresentations concerning adoption services or
circumstances material to the placement of a child for
adoption is guilty of a Class A misdemeanor and is subject to a
fine not to exceed $10,000 or 9 months imprisonment for each
advertisement.
(e) An out-of-state agency that is not licensed in
Illinois and that has a written interagency agreement with one
or more Illinois licensed child welfare agencies may advertise
under this Section, provided that (i) the out-of-state agency
must be officially recognized by the United States Internal
Revenue Service as a tax-exempt organization under 501(c)(3)
of the Internal Revenue Code of 1986 (or any successor
provision of federal tax law), (ii) the out-of-state agency
provides only international adoption services and is covered
by the Intercountry Adoption Act of 2000, (iii) the
out-of-state agency displays, in the advertisement, the
license number of at least one of the Illinois licensed child
welfare agencies with which it has a written agreement, and
(iv) the advertisements pertain only to international adoption
services. Subsection (d) of this Section shall apply to any
out-of-state agencies described in this subsection (e).
(f) An advertiser, publisher, or broadcaster, including,
but not limited to, newspapers, periodicals, telephone book

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publishers, outdoor advertising signs, radio stations, or
television stations, who knowingly or recklessly advertises or
publishes any advertisement offering, soliciting, or promising
to perform adoption services, as defined in Section 2.24 of
this Act, on behalf of a person, group of persons, agency,
association, organization, corporation, institution, center,
or group, not authorized to advertise under subsection (b) or
subsection (e) of this Section, is guilty of a Class A
misdemeanor and is subject to a fine not to exceed $10,000 or 9
months imprisonment for each advertisement.
(g) The Department shall maintain a website listing child
welfare agencies licensed by the Department that provide
adoption services and other general information for birth
biological parents and adoptive parents. The website shall
include, but not be limited to, agency addresses, phone
numbers, e-mail addresses, website addresses, annual reports
as referenced in Section 7.6 of this Act, agency license
numbers, the Birth Parent Bill of Rights, the Adoptive Parents
Bill of Rights, and the Department's complaint registry
established under Section 9.1a of this Act. The Department
shall adopt any rules necessary to implement this Section.
(h) Nothing in this Act shall prohibit a day care agency,
day care center, day care home, or group day care home that
does not provide or perform adoption services, as defined in
Section 2.24 of this Act, from advertising or marketing the
day care agency, day care center, day care home, or group day

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care home.
(Source: P.A. 100-406, eff. 1-1-18.)
(225 ILCS 10/14.5)
Sec. 14.5. Offering, providing, or co-signing a loan or
other credit accommodation. No person or entity shall offer,
provide, or co-sign a loan or other credit accommodation,
directly or indirectly, with a birth biological parent or a
relative of a birth biological parent based on the contingency
of a surrender or placement of a child for adoption.
(Source: P.A. 93-1063, eff. 6-1-05.)
(225 ILCS 10/14.7)
Sec. 14.7. Payments to birth biological parents.
(a) Payment of reasonable living expenses by a child
welfare agency shall not obligate the birth biological parents
to place the child for adoption. In the event that the birth
biological parents choose not to place the child for adoption,
the child welfare agency shall have no right to seek
reimbursement from the birth biological parents, or from any
relative of the birth biological parents, of moneys paid to,
or on behalf of, the birth biological parents, except as
provided in subsection (b) of this Section.
(b) Notwithstanding subsection (a) of this Section, a
child welfare agency may seek reimbursement of reasonable
living expenses from a person who receives such payments only

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if the person who accepts payment of reasonable living
expenses before the child's birth, as described in subsection
(a) of this Section, knows that the person on whose behalf they
are accepting payment is not pregnant at the time of the
receipt of such payments or the person receives reimbursement
for reasonable living expenses simultaneously from more than
one child welfare agency without the agencies' knowledge.
(Source: P.A. 94-586, eff. 8-15-05.)
(225 ILCS 10/18) (from Ch. 23, par. 2228)
Sec. 18. Any person, group of persons, association or
corporation who
(1) conducts, operates or acts as a child care facility
without a license or permit to do so in violation of Section 3
of this Act;
(2) makes materially false statements in order to obtain a
license or permit;
(3) fails to keep the records and make the reports
provided under this Act;
(4) advertises any service not authorized by license or
permit held;
(5) publishes any advertisement in violation of this Act;
(6) receives within this State any child in violation of
Section 16 of this Act; or
(7) violates any other provision of this Act or any
reasonable rule or regulation adopted and published by the

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Department for the enforcement of the provisions of this Act,
is guilty of a Class A misdemeanor and in case of an
association or corporation, imprisonment may be imposed upon
its officers who knowingly participated in the violation.
Any child care facility that continues to operate after
its license is revoked under Section 8 of this Act or after its
license expires and the Department refused to renew the
license as provided in Section 8 of this Act is guilty of a
business offense and shall be fined an amount in excess of $500
but not exceeding $10,000, and each day of violation is a
separate offense.
In a prosecution under this Act, a defendant who relies
upon the relationship of any child to the defendant himself
has the burden of proof as to that relationship.
(Source: P.A. 83-1362.)
Section 50. The Abandoned Newborn Infant Protection Act is
amended by changing Sections 10, 15, 30, and 35 as follows:
(325 ILCS 2/10)
Sec. 10. Definitions. In this Act:
"Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Child-placing agency" means a licensed public or private

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agency that receives a child for the purpose of placing or
arranging for the placement of the child in a foster family
home or other facility for child care, apart from the custody
of the child's parents.
"Department" or "DCFS" means the Illinois Department of
Children and Family Services.
"Emergency medical facility" means a freestanding
emergency center or trauma center, as defined in the Emergency
Medical Services (EMS) Systems Act.
"Emergency medical professional" includes licensed
physicians, and any emergency medical technician, emergency
medical technician-intermediate, advanced emergency medical
technician, paramedic, trauma nurse specialist, and
pre-hospital registered nurse, as defined in the Emergency
Medical Services (EMS) Systems Act.
"Fire station" means a fire station within the State with
at least one staff person.
"Hospital" has the same meaning as in the Hospital
Licensing Act.
"Legal custody" means the relationship created by a court
order in the best interest of a newborn infant that imposes on
the infant's custodian the responsibility of physical
possession of the infant, the duty to protect, train, and
discipline the infant, and the duty to provide the infant with
food, shelter, education, and medical care, except as these
are limited by parental rights and responsibilities.

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"Neglected child" has the same meaning as in the Abused
and Neglected Child Reporting Act.
"Newborn infant" means a child who a licensed physician
reasonably believes is 30 days old or less at the time the
child is initially relinquished to a hospital, police station,
fire station, or emergency medical facility, and who is not an
abused or a neglected child.
"Police station" means a municipal police station, a
county sheriff's office, a campus police department located on
any college or university owned or controlled by the State or
any private college or private university that is not owned or
controlled by the State when employees of the campus police
department are present, or any of the district headquarters of
the Illinois State Police.
"Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 30 days old or less,
to a hospital, police station, fire station, or emergency
medical facility and to leave the infant with personnel of the
facility, if the person leaving the infant does not express an
intent to return for the infant or states that the person he or
she will not return for the infant. In the case of a person
mother who gives birth to an infant in a hospital, the person's
mother's act of leaving that newborn infant at the hospital
(i) without expressing an intent to return for the infant or
(ii) stating that the person she will not return for the infant
is not a "relinquishment" under this Act.

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"Temporary protective custody" means the temporary
placement of a newborn infant within a hospital or other
medical facility out of the custody of the infant's parent.
(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)
(325 ILCS 2/15)
Sec. 15. Presumptions.
(a) There is a presumption that by relinquishing a newborn
infant in accordance with this Act, the infant's parent
consents to the termination of the parent's his or her
parental rights with respect to the infant.
(b) There is a presumption that a person relinquishing a
newborn infant in accordance with this Act:
(1) is the newborn infant's birth biological parent;
and
(2) either without expressing an intent to return for
the infant or expressing an intent not to return for the
infant, did intend to relinquish the infant to the
hospital, police station, fire station, or emergency
medical facility to treat, care for, and provide for the
infant in accordance with this Act.
(c) A parent of a relinquished newborn infant may rebut
the presumption set forth in either subsection (a) or
subsection (b) pursuant to Section 55, at any time before the
termination of the parent's parental rights.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;

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93-820, eff. 7-27-04.)
(325 ILCS 2/30)
Sec. 30. Anonymity of relinquishing person. If there is
no evidence of abuse or neglect of a relinquished newborn
infant, the relinquishing person has the right to remain
anonymous and to leave the hospital, police station, fire
station, or emergency medical facility at any time and not be
pursued or followed. Before the relinquishing person leaves
the hospital, police station, fire station, or emergency
medical facility, the hospital, police station, fire station,
or emergency medical facility personnel shall (i) verbally
inform the relinquishing person that by relinquishing the
child anonymously, the relinquishing person he or she will
have to petition the court if the relinquishing person he or
she desires to prevent the termination of parental rights and
regain custody of the child and (ii) shall offer the
relinquishing person the information packet described in
Section 35 of this Act. However, nothing in this Act shall be
construed as precluding the relinquishing person from
providing the relinquishing person's his or her identity or
completing the application forms for the Illinois Adoption
Registry and Medical Information Exchange and requesting that
the hospital, police station, fire station, or emergency
medical facility forward those forms to the Illinois Adoption
Registry and Medical Information Exchange.

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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
93-820, eff. 7-27-04.)
(325 ILCS 2/35)
Sec. 35. Information for relinquishing person.
(a) A hospital, police station, fire station, or emergency
medical facility that receives a newborn infant relinquished
in accordance with this Act must offer an information packet
to the relinquishing person and, if possible, must clearly
inform the relinquishing person that the relinquishing
person's his or her acceptance of the information is
completely voluntary. The information packet must include all
of the following:
(1) (Blank).
(2) Written notice of the following:
(A) No sooner than 60 days following the date of
the initial relinquishment of the infant to a
hospital, police station, fire station, or emergency
medical facility, the child-placing agency or the
Department will commence proceedings for the
termination of parental rights and placement of the
infant for adoption.
(B) Failure of a parent of the infant to contact
the Department and petition for the return of custody
of the infant before termination of parental rights
bars any future action asserting legal rights with

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respect to the infant.
(3) A resource list of providers of counseling
services including grief counseling, pregnancy counseling,
and counseling regarding adoption and other available
options for placement of the infant.
Upon request of a parent, the Department of Public Health
shall provide the application forms for the Illinois Adoption
Registry and Medical Information Exchange.
(b) The information packet given to a relinquishing parent
in accordance with this Act shall include, in addition to
other information required under this Act, the following:
(1) A brochure (with a self-mailer attached) that
describes this Act and the rights of birth parents,
including an optional section for the parent to complete
and mail to the Department of Children and Family
Services, that shall ask for basic anonymous background
information about the relinquished child. This brochure
shall be maintained by the Department on its website.
(2) A brochure that describes the Illinois Adoption
Registry, including a toll-free number and website
information. This brochure shall be maintained on the
Office of Vital Records website.
(3) A brochure describing postpartum health
information for the mother.
The information packet shall be designed in coordination
between the Office of Vital Records and the Department of

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Children and Family Services, with the exception of the
resource list of providers of counseling services and adoption
agencies, which shall be provided by the hospital, fire
station, police station, sheriff's office, or emergency
medical facility.
(Source: P.A. 96-1114, eff. 7-20-10; 97-333, eff. 8-12-11.)
Section 55. The Abused and Neglected Child Reporting Act
is amended by changing Sections 2.1, 3, 4, 4.1, 4.2, 4.4, 4.5,
5, 7, 7.3b, 7.3c, 7.4, 7.9, 7.14, 7.16, 7.19, 11.1, 11.1a,
11.3, 11.5, and 11.8 as follows:
(325 ILCS 5/2.1) (from Ch. 23, par. 2052.1)
Sec. 2.1. Any person or family seeking assistance in
meeting child care responsibilities may use the services and
facilities established by this Act which may assist in meeting
such responsibilities. Whether or not the problem presented
constitutes child abuse or neglect, such persons or families
shall be referred to appropriate resources or agencies. No
person seeking assistance under this Section shall be required
to give the person's his name or any other identifying
information.
(Source: P.A. 81-1077.)
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise

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requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in the person's his or her professional capacity
with a child or adult resident, "blatant disregard" includes a
failure by the person to perform job responsibilities intended
to protect the child's or adult resident's health, physical
well-being, or welfare, and, when viewed in light of the
surrounding circumstances, evidence exists that would cause a
reasonable person to believe that the child was neglected.
With respect to an agency, "blatant disregard" includes a

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failure to implement practices that ensure the health,
physical well-being, or welfare of the children and adult
residents residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois State
Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;

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(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in the person's his or her professional
capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription;

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(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 2012 against the child; or
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for the child's
his or her well-being, including adequate food, clothing and
shelter; or who is subjected to an environment which is
injurious insofar as (i) the child's environment creates a
likelihood of harm to the child's health, physical well-being,
or welfare and (ii) the likely harm to the child is the result
of a blatant disregard of parent, caretaker, person
responsible for the child's welfare, or agency

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responsibilities; or who is abandoned by the child's his or
her parents or other person responsible for the child's
welfare without a proper plan of care; or who has been provided
with interim crisis intervention services under Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, guardian, or
custodian refuses to permit the child to return home and no
other living arrangement agreeable to the parent, guardian, or
custodian can be made, and the parent, guardian, or custodian
has not made any other appropriate living arrangement for the
child; or who is a newborn infant whose blood, urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or a metabolite thereof, with the
exception of a controlled substance or metabolite thereof
whose presence in the newborn infant is the result of medical
treatment administered to the person who gave birth mother or
the newborn infant. A child shall not be considered neglected
for the sole reason that the child's parent or other person
responsible for the child's his or her welfare has left the
child in the care of an adult relative for any period of time.
A child shall not be considered neglected for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act. A child shall not be
considered neglected or abused for the sole reason that such
child's parent or other person responsible for the child's his
or her welfare depends upon spiritual means through prayer

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alone for the treatment or cure of disease or remedial care as
provided under Section 4 of this Act. A child shall not be
considered neglected or abused solely because the child is not
attending school in accordance with the requirements of
Article 26 of The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the

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alleged abuse or neglect, including any person who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012,
including, but not limited to, the custodian of the minor, or
any person who came to know the child through an official
capacity or position of trust, including, but not limited to,
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"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.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this

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Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyperson clergyman or
practitioner of any religious denomination accredited by the
religious body to which the clergyperson or practitioner he or
she belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
102-813, eff. 5-13-22.)
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged
communications; transmitting false report.
(a) The following persons are required to immediately
report to the Department when they have reasonable cause to
believe that a child known to them in their professional or

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official capacities may be an abused child or a neglected
child:
(1) Medical personnel, including any: physician
licensed to practice medicine in any of its branches
(medical doctor or doctor of osteopathy); resident;
intern; medical administrator or personnel engaged in the
examination, care, and treatment of persons; psychiatrist;
surgeon; dentist; dental hygienist; chiropractic
physician; podiatric physician; physician assistant;
emergency medical technician; physical therapist; physical
therapy assistant; occupational therapist; occupational
therapy assistant; acupuncturist; registered nurse;
licensed practical nurse; advanced practice registered
nurse; genetic counselor; respiratory care practitioner;
home health aide; or certified nursing assistant.
(2) Social services and mental health personnel,
including any: licensed professional counselor; licensed
clinical professional counselor; licensed social worker;
licensed clinical social worker; licensed psychologist or
assistant working under the direct supervision of a
psychologist; associate licensed marriage and family
therapist; licensed marriage and family therapist; field
personnel of the Departments of Healthcare and Family
Services, Public Health, Human Services, Human Rights, or
Children and Family Services; supervisor or administrator
of the General Assistance program established under

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Article VI of the Illinois Public Aid Code; social
services administrator; or substance abuse treatment
personnel.
(3) Crisis intervention personnel, including any:
crisis line or hotline personnel; or domestic violence
program personnel.
(4) Education personnel, including any: school
personnel (including administrators and certified and
non-certified school employees); personnel of institutions
of higher education; educational advocate assigned to a
child in accordance with the School Code; member of a
school board or the Chicago Board of Education or the
governing body of a private school (but only to the extent
required under subsection (d)); or truant officer.
(5) Recreation or athletic program or facility
personnel; or an athletic trainer.
(6) Child care personnel, including any: early
intervention provider as defined in the Early Intervention
Services System Act; director or staff assistant of a
nursery school or a child day care center; or foster
parent, homemaker, or child care worker.
(7) Law enforcement personnel, including any: law
enforcement officer; field personnel of the Department of
Juvenile Justice; field personnel of the Department of
Corrections; probation officer; or animal control officer
or field investigator of the Department of Agriculture's

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Bureau of Animal Health and Welfare.
(8) Any funeral home director; funeral home director
and embalmer; funeral home employee; coroner; or medical
examiner.
(9) Any member of the clergy.
(10) Any physician, physician assistant, registered
nurse, licensed practical nurse, medical technician,
certified nursing assistant, licensed social worker,
licensed clinical social worker, or licensed professional
counselor of any office, clinic, licensed behavior
analyst, licensed assistant behavior analyst, or any other
physical location that provides abortions, abortion
referrals, or contraceptives.
(b) When 2 or more persons who work within the same
workplace and are required to report under this Act share a
reasonable cause to believe that a child may be an abused or
neglected child, one of those reporters may be designated to
make a single report. The report shall include the names and
contact information for the other mandated reporters sharing
the reasonable cause to believe that a child may be an abused
or neglected child. The designated reporter must provide
written confirmation of the report to those mandated reporters
within 48 hours. If confirmation is not provided, those
mandated reporters are individually responsible for
immediately ensuring a report is made. Nothing in this Section
precludes or may be used to preclude any person from reporting

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child abuse or child neglect.
(c)(1) As used in this Section, "a child known to them in
their professional or official capacities" means:
(A) the mandated reporter comes into contact with the
child in the course of the reporter's employment or
practice of a profession, or through a regularly scheduled
program, activity, or service;
(B) the mandated reporter is affiliated with an
agency, institution, organization, school, school
district, regularly established church or religious
organization, or other entity that is directly responsible
for the care, supervision, guidance, or training of the
child; or
(C) a person makes a specific disclosure to the
mandated reporter that an identifiable child is the victim
of child abuse or child neglect, and the disclosure
happens while the mandated reporter is engaged in the
reporter's his or her employment or practice of a
profession, or in a regularly scheduled program, activity,
or service.
(2) Nothing in this Section requires a child to come
before the mandated reporter in order for the reporter to make
a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member
during the course of an open or closed school board meeting
that a child who is enrolled in the school district of which

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the person he or she is a board member is an abused child as
defined in Section 3 of this Act, the member shall direct or
cause the school board to direct the superintendent of the
school district or other equivalent school administrator to
comply with the requirements of this Act concerning the
reporting of child abuse. For purposes of this paragraph, a
school board member is granted the authority in that board
member's his or her individual capacity to direct the
superintendent of the school district or other equivalent
school administrator to comply with the requirements of this
Act concerning the reporting of child abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because the
current or former employee he or she is an applicant for
employment with the requesting school district, the general
superintendent of the school district to which the request is
being made must disclose to the requesting school district the
fact that an employee of the school district has made a report
involving the conduct of the applicant or caused a report to be
made to the Department, as required under this Act. Only the
fact that an employee of the school district has made a report

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involving the conduct of the applicant or caused a report to be
made to the Department may be disclosed by the general
superintendent of the school district to which the request for
information concerning the applicant is made, and this fact
may be disclosed only in cases where the employee and the
general superintendent have not been informed by the
Department that the allegations were unfounded. An employee of
a school district who is or has been the subject of a report
made pursuant to this Act during the employee's his or her
employment with the school district must be informed by that
school district that if the employee he or she applies for
employment with another school district, the general
superintendent of the former school district, upon the request
of the school district to which the employee applies, shall
notify that requesting school district that the employee is or
was the subject of such a report.
(e) Whenever such person is required to report under this
Act in the person's his capacity as a member of the staff of a
medical or other public or private institution, school,
facility or agency, or as a member of the clergy, the person he
shall make report immediately to the Department in accordance
with the provisions of this Act and may also notify the person
in charge of such institution, school, facility or agency, or
church, synagogue, temple, mosque, or other religious
institution, or his designated agent of the person in charge
that such report has been made. Under no circumstances shall

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any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent of the person
in charge to whom such notification has been made, exercise
any control, restraint, modification or other change in the
report or the forwarding of such report to the Department.
(f) In addition to the persons required to report
suspected cases of child abuse or child neglect under this
Section, any other person may make a report if such person has
reasonable cause to believe a child may be an abused child or a
neglected child.
(g) The privileged quality of communication between any
professional person required to report and the professional
person's his patient or client shall not apply to situations
involving abused or neglected children and shall not
constitute grounds for failure to report as required by this
Act or constitute grounds for failure to share information or
documents with the Department during the course of a child
abuse or neglect investigation. If requested by the
professional, the Department shall confirm in writing that the
information or documents disclosed by the professional were
gathered in the course of a child abuse or neglect
investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and the attorney's his or her client or to confidential

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information within the meaning of Rule 1.6 of the Illinois
Rules of Professional Conduct relating to the legal
representation of an individual client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
(h) Any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to office personnel him or her in
their his or her professional or official capacity may be an
abused child or a neglected child.
(i) Any person who enters into employment on and after
July 1, 1986 and is mandated by virtue of that employment to
report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee
has knowledge and understanding of the reporting requirements
of this Act. On and after January 1, 2019, the statement shall
also include information about available mandated reporter
training provided by the Department. The statement shall be

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signed prior to commencement of the employment. The signed
statement shall be retained by the employer. The cost of
printing, distribution, and filing of the statement shall be
borne by the employer.
(j) Persons required to report child abuse or child
neglect as provided under this Section must complete an
initial mandated reporter training, including a section on
implicit bias, within 3 months of their date of engagement in a
professional or official capacity as a mandated reporter, or
within the time frame of any other applicable State law that
governs training requirements for a specific profession, and
at least every 3 years thereafter. The initial requirement
only applies to the first time they engage in their
professional or official capacity. In lieu of training every 3
years, medical personnel, as listed in paragraph (1) of
subsection (a), must meet the requirements described in
subsection (k).
The mandated reporter trainings shall be in-person or
web-based, and shall include, at a minimum, information on the
following topics: (i) indicators for recognizing child abuse
and child neglect, as defined under this Act; (ii) the process
for reporting suspected child abuse and child neglect in
Illinois as required by this Act and the required
documentation; (iii) responding to a child in a
trauma-informed manner; and (iv) understanding the response of
child protective services and the role of the reporter after a

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call has been made. Child-serving organizations are encouraged
to provide in-person annual trainings.
The implicit bias section shall be in-person or web-based,
and shall include, at a minimum, information on the following
topics: (i) implicit bias and (ii) racial and ethnic
sensitivity. As used in this subsection, "implicit bias" means
the attitudes or internalized stereotypes that affect people's
perceptions, actions, and decisions in an unconscious manner
and that exist and often contribute to unequal treatment of
people based on race, ethnicity, gender identity, sexual
orientation, age, disability, and other characteristics. The
implicit bias section shall provide tools to adjust automatic
patterns of thinking and ultimately eliminate discriminatory
behaviors. During these trainings mandated reporters shall
complete the following: (1) a pretest to assess baseline
implicit bias levels; (2) an implicit bias training task; and
(3) a posttest to reevaluate bias levels after training. The
implicit bias curriculum for mandated reporters shall be
developed within one year after January 1, 2022 (the effective
date of Public Act 102-604) this amendatory Act of the 102nd
General Assembly and shall be created in consultation with
organizations demonstrating expertise and or experience in the
areas of implicit bias, youth and adolescent developmental
issues, prevention of child abuse, exploitation, and neglect,
culturally diverse family systems, and the child welfare
system.

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The mandated reporter training, including a section on
implicit bias, shall be provided through the Department,
through an entity authorized to provide continuing education
for professionals licensed through the Department of Financial
and Professional Regulation, the State Board of Education, the
Illinois Law Enforcement Training Standards Board, or the
Illinois Department of State Police, or through an
organization approved by the Department to provide mandated
reporter training, including a section on implicit bias. The
Department must make available a free web-based training for
reporters.
Each mandated reporter shall report to the mandated
reporter's his or her employer and, when applicable, to the
mandated reporter's his or her licensing or certification
board that the mandated reporter he or she received the
mandated reporter training. The mandated reporter shall
maintain records of completion.
Beginning January 1, 2021, if a mandated reporter receives
licensure from the Department of Financial and Professional
Regulation or the State Board of Education, and the mandated
reporter's his or her profession has continuing education
requirements, the training mandated under this Section shall
count toward meeting the licensee's required continuing
education hours.
(k)(1) Medical personnel, as listed in paragraph (1) of
subsection (a), who work with children in their professional

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or official capacity, must complete mandated reporter training
at least every 6 years. Such medical personnel, if licensed,
must attest at each time of licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made.
(2) In lieu of repeated training, medical personnel, as
listed in paragraph (1) of subsection (a), who do not work with
children in their professional or official capacity, may
instead attest each time at licensure renewal on their renewal
form that they understand they are a mandated reporter of
child abuse and neglect, that they are aware of the process for
making a report, that they know how to respond to a child in a
trauma-informed manner, and that they are aware of the role of
child protective services and the role of a reporter after a
call has been made. Nothing in this paragraph precludes
medical personnel from completing mandated reporter training
and receiving continuing education credits for that training.
(l) The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
(m) Any person who knowingly transmits a false report to

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the Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the
purpose of protecting or insulating any person or entity from
arrest or prosecution, the person is guilty of a Class 4 felony
for a first offense and a Class 3 felony for a second or
subsequent offense (regardless of whether the second or
subsequent offense involves any of the same facts or persons
as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good
faith selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care may
be considered neglected or abused, but not for the sole reason
that the child's his parent, guardian or custodian accepts and
practices such beliefs.
(o) A child shall not be considered neglected or abused
solely because the child is not attending school in accordance
with the requirements of Article 26 of the School Code, as

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amended.
(p) Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or
neglected in violation of the Humane Care for Animals Act from
reporting animal abuse or neglect to the Department of
Agriculture's Bureau of Animal Health and Welfare.
(q) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(r) For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22;
102-861, eff. 1-1-23; 102-953, eff. 5-27-22; revised
12-14-22.)
(325 ILCS 5/4.1) (from Ch. 23, par. 2054.1)
Sec. 4.1. Any person required to report under this Act who
has reasonable cause to suspect that a child has died as a
result of abuse or neglect shall also immediately report the
person's his suspicion to the appropriate medical examiner or
coroner. Any other person who has reasonable cause to believe
that a child has died as a result of abuse or neglect may

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report the person's his suspicion to the appropriate medical
examiner or coroner. The medical examiner or coroner shall
investigate the report and communicate the medical examiner's
or coroner's his apparent gross findings, orally, immediately
upon completion of the gross autopsy, but in all cases within
72 hours and within 21 days in writing, to the local law
enforcement agency, the appropriate State's attorney, the
Department and, if the institution making the report is a
hospital, the hospital. The child protective investigator
assigned to the death investigation shall have the right to
require a copy of the completed autopsy report from the
coroner or medical examiner.
(Source: P.A. 85-193.)
(325 ILCS 5/4.2)
Sec. 4.2. Departmental report on death or serious
life-threatening injury of child.
(a) In the case of the death or serious life-threatening
injury of a child whose care and custody or custody and
guardianship has been transferred to the Department, or in the
case of a child abuse or neglect report made to the central
register involving the death of a child, the Department shall
(i) investigate or provide for an investigation of the cause
of and circumstances surrounding the death or serious
life-threatening injury, (ii) review the investigation, and
(iii) prepare and issue a report on the death or serious

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life-threatening injury.
(b) The report shall include (i) the cause of death or
serious life-threatening injury, whether from natural or other
causes, (ii) any extraordinary or pertinent information
concerning the circumstances of the child's death or serious
life-threatening injury, (iii) identification of child
protective or other social services provided or actions taken
regarding the child or the child's his or her family at the
time of the death or serious life-threatening injury or within
the preceding 5 years, (iv) any action or further
investigation undertaken by the Department since the death or
serious life-threatening injury of the child, (v) as
appropriate, recommendations for State administrative or
policy changes, (vi) whether the alleged perpetrator of the
abuse or neglect has been charged with committing a crime
related to the report and allegation of abuse or neglect, and
(vii) a copy of any documents, files, records, books, and
papers created or used in connection with the Department's
investigation of the death or serious life-threatening injury
of the child. In any case involving the death or near death of
a child, when a person responsible for the child has been
charged with committing a crime that results in the child's
death or near death, there shall be a presumption that the best
interest of the public will be served by public disclosure of
certain information concerning the circumstances of the
investigations of the death or near death of the child and any

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other investigations concerning that child or other children
living in the same household.
If the Department receives from the public a request for
information relating to a case of child abuse or neglect
involving the death or serious life-threatening injury of a
child, the Director shall consult with the State's Attorney in
the county of venue and release the report related to the case,
except for the following, which may be redacted from the
information disclosed to the public: any mental health or
psychological information that is confidential as otherwise
provided in State law; privileged communications of an
attorney; the identity of the individual or individuals, if
known, who made the report; information that may cause mental
or physical harm to a sibling or another child living in the
household; information that may undermine an ongoing criminal
investigation; and any information prohibited from disclosure
by federal law or regulation. Any information provided by an
adult subject of a report that is released about the case in a
public forum shall be subject to disclosure upon a public
information request. Information about the case shall also be
subject to disclosure upon consent of an adult subject.
Information about the case shall also be subject to disclosure
if it has been publicly disclosed in a report by a law
enforcement agency or official, a State's Attorney, a judge,
or any other State or local investigative agency or official.
Except as it may apply directly to the cause of the death or

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serious life-threatening injury of the child, nothing in this
Section shall be deemed to authorize the release or disclosure
to the public of the substance or content of any
psychological, psychiatric, therapeutic, clinical, or medical
reports, evaluation, or like materials or information
pertaining to the child or the child's family.
(c) No later than 6 months after the date of the death or
serious life-threatening injury of the child, the Department
shall notify the President of the Senate, the Minority Leader
of the Senate, the Speaker of the House of Representatives,
the Minority Leader of the House of Representatives, and the
members of the Senate and the House of Representatives in
whose district the child's death or serious life-threatening
injury occurred upon the completion of each report and shall
submit an annual cumulative report to the Governor and the
General Assembly incorporating cumulative data about the above
reports and including appropriate findings and
recommendations. The reports required by this subsection (c)
shall be made available to the public after completion or
submittal.
(d) To enable the Department to prepare the report, the
Department may request and shall timely receive from
departments, boards, bureaus, or other agencies of the State,
or any of its political subdivisions, or any duly authorized
agency, or any other agency which provided assistance, care,
or services to the deceased or injured child any information

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they are authorized to provide.
(Source: P.A. 97-1068, eff. 1-1-13.)
(325 ILCS 5/4.4)
Sec. 4.4. DCFS duty to report to State's Attorney.
Whenever the Department receives, by means of its statewide
toll-free telephone number established under Section 7.6 for
the purpose of reporting suspected child abuse or neglect or
by any other means or from any mandated reporter under Section
4, a report of a newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act or a metabolite thereof, with the exception of
a controlled substance or metabolite thereof whose presence in
the newborn infant is the result of medical treatment
administered to the person who gave birth mother or the
newborn infant, the Department must immediately report that
information to the State's Attorney of the county in which the
infant was born.
(Source: P.A. 95-361, eff. 8-23-07.)
(325 ILCS 5/4.5)
Sec. 4.5. Electronic and information technology workers;
reporting child pornography.
(a) In this Section:
"Child pornography" means child pornography as described

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in Section 11-20.1 of the Criminal Code of 2012.
"Electronic and information technology equipment" means
equipment used in the creation, manipulation, storage,
display, or transmission of data, including internet and
intranet systems, software applications, operating systems,
video and multimedia, telecommunications products, kiosks,
information transaction machines, copiers, printers, and
desktop and portable computers.
"Electronic and information technology equipment worker"
means a person who in the scope and course of the person's his
or her employment or business installs, repairs, or otherwise
services electronic and information technology equipment for a
fee but does not include (i) an employee, independent
contractor, or other agent of a telecommunications carrier or
telephone or telecommunications cooperative, as those terms
are defined in the Public Utilities Act, or (ii) an employee,
independent contractor, or other agent of a provider of
commercial mobile radio service, as defined in 47 C.F.R. 20.3.
(b) If an electronic and information technology equipment
worker discovers any depiction of child pornography while
installing, repairing, or otherwise servicing an item of
electronic and information technology equipment, that worker
or the worker's employer shall immediately report the
discovery to the local law enforcement agency or to the Cyber
Tipline at the National Center for Missing and & Exploited
Children.

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(c) If a report is filed in accordance with the
requirements of 42 U.S.C. 13032, the requirements of this
Section 4.5 will be deemed to have been met.
(d) An electronic and information technology equipment
worker or electronic and information technology equipment
worker's employer who reports a discovery of child pornography
as required under this Section is immune from any criminal,
civil, or administrative liability in connection with making
the report, except for willful or wanton misconduct.
(e) Failure to report a discovery of child pornography as
required under this Section is a business offense subject to a
fine of $1,001.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(325 ILCS 5/5) (from Ch. 23, par. 2055)
Sec. 5. An officer of a local law enforcement agency,
designated employee of the Department, or a physician treating
a child may take or retain temporary protective custody of the
child without the consent of the person responsible for the
child's welfare, if (1) the officer of a local law enforcement
agency, designated employee of the Department, or a physician
treating a child he has reason to believe that the child cannot
be cared for at home or in the custody of the person
responsible for the child's welfare without endangering the
child's health or safety; and (2) there is not time to apply
for a court order under the Juvenile Court Act of 1987 for

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temporary custody of the child. The person taking or retaining
a child in temporary protective custody shall immediately make
every reasonable effort to notify the person responsible for
the child's welfare and shall immediately notify the
Department. The Department shall provide to the temporary
caretaker of a child any information in the Department's
possession concerning the positive results of a test performed
on the child to determine the presence of the antibody or
antigen to Human Immunodeficiency Virus (HIV), or of HIV
infection, as well as any communicable diseases or
communicable infections that the child has. The temporary
caretaker of a child shall not disclose to another person any
information received by the temporary caretaker from the
Department concerning the results of a test performed on the
child to determine the presence of the antibody or antigen to
HIV, or of HIV infection, except pursuant to Section 9 of the
AIDS Confidentiality Act, as now or hereafter amended. The
Department shall promptly initiate proceedings under the
Juvenile Court Act of 1987 for the continued temporary custody
of the child.
Where the physician keeping a child in the physician's his
custody does so in the physician's his capacity as a member of
the staff of a hospital or similar institution, the physician
he shall notify the person in charge of the institution or the
his designated agent of the person in charge, who shall then
become responsible for the further care of such child in the

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hospital or similar institution under the direction of the
Department.
Said care includes, but is not limited to the granting of
permission to perform emergency medical treatment to a minor
where the treatment itself does not involve a substantial risk
of harm to the minor and the failure to render such treatment
will likely result in death or permanent harm to the minor, and
there is not time to apply for a court order under the Juvenile
Court Act of 1987.
Any person authorized and acting in good faith in the
removal of a child under this Section shall have immunity from
any liability, civil or criminal, that might otherwise be
incurred or imposed as a result of such removal. Any physician
authorized and acting in good faith and in accordance with
acceptable medical practice in the treatment of a child under
this Section shall have immunity from any liability, civil or
criminal, that might otherwise be incurred or imposed as a
result of granting permission for emergency treatment.
With respect to any child taken into temporary protective
custody pursuant to this Section, the Department of Children
and Family Services Guardianship Administrator or the
Guardianship Administrator's his designee shall be deemed the
child's legally authorized representative for purposes of
consenting to an HIV test if deemed necessary and appropriate
by the Department's Guardianship Administrator or the
Guardianship Administrator's designee and obtaining and

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disclosing information concerning such test pursuant to the
AIDS Confidentiality Act if deemed necessary and appropriate
by the Department's Guardianship Administrator or the
Guardianship Administrator's designee and for purposes of
consenting to the release of information pursuant to the
Illinois Sexually Transmissible Disease Control Act if deemed
necessary and appropriate by the Department's Guardianship
Administrator or designee.
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 his
designee, or who discloses the results of such tests to the
Department's Guardianship Administrator or the Guardianship
Administrator's his 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. 90-28, eff. 1-1-98.)
(325 ILCS 5/7) (from Ch. 23, par. 2057)
Sec. 7. Time and manner of making reports. All reports of
suspected child abuse or neglect made under this Act shall be
made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide,

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toll-free telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with school officials,
distribute appropriate materials in school buildings listing
the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act. The
Department may, in cooperation with appropriate members of the
clergy, distribute appropriate materials in churches,
synagogues, temples, mosques, or other religious buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
Wherever the Statewide number is posted, there shall also
be posted the following notice:
"Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of
2012. A violation of this subsection is a Class 4 felony."
The report required by this Act shall include, if known,
the name and address of the child and the child's his parents
or other persons having the child's his custody; the child's
age; the nature of the child's condition, including any
evidence of previous injuries or disabilities; and any other
information that the person filing the report believes might
be helpful in establishing the cause of such abuse or neglect
and the identity of the person believed to have caused such
abuse or neglect. Reports made to the central register through

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the State-wide, toll-free telephone number shall be
immediately transmitted by the Department to the appropriate
Child Protective Service Unit. All such reports alleging the
death of a child, serious injury to a child, including, but not
limited to, brain damage, skull fractures, subdural hematomas,
and internal injuries, torture of a child, malnutrition of a
child, and sexual abuse to a child, including, but not limited
to, sexual intercourse, sexual exploitation, sexual
molestation, and sexually transmitted disease in a child age
12 and under, shall also be immediately transmitted by the
Department to the appropriate local law enforcement agency.
The Department shall within 24 hours orally notify local law
enforcement personnel and the office of the State's Attorney
of the involved county of the receipt of any report alleging
the death of a child, serious injury to a child, including, but
not limited to, brain damage, skull fractures, subdural
hematomas, and internal injuries, torture of a child,
malnutrition of a child, and sexual abuse to a child,
including, but not limited to, sexual intercourse, sexual
exploitation, sexual molestation, and sexually transmitted
disease in a child age 12 and under. All oral reports made by
the Department to local law enforcement personnel and the
office of the State's Attorney of the involved county shall be
confirmed in writing within 24 hours of the oral report. All
reports by persons mandated to report under this Act shall be
confirmed in writing to the appropriate Child Protective

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Service Unit, which may be on forms supplied by the
Department, within 48 hours of any initial report.
Any report received by the Department alleging the abuse
or neglect of a child by a person who is not the child's
parent, a member of the child's immediate family, a person
responsible for the child's welfare, an individual residing in
the same home as the child, or a paramour of the child's parent
shall immediately be referred to the appropriate local law
enforcement agency for consideration of criminal investigation
or other action.
Written confirmation reports from persons not required to
report by this Act may be made to the appropriate Child
Protective Service Unit. Written reports from persons required
by this Act to report shall be admissible in evidence in any
judicial proceeding or administrative hearing relating to
child abuse or neglect. Reports involving known or suspected
child abuse or neglect in public or private residential
agencies or institutions shall be made and received in the
same manner as all other reports made under this Act.
For purposes of this Section, "child" includes an adult
resident as defined in this Act.
(Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
(325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)
Sec. 7.3b. All persons required to report under Section 4
may refer to the Department of Human Services any pregnant

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person in this State who has a substance use disorder as
defined in the Substance Use Disorder Act. The Department of
Human Services shall notify the local Infant Mortality
Reduction Network service provider or Department funded
prenatal care provider in the area in which the person
resides. The service provider shall prepare a case management
plan and assist the pregnant person woman in obtaining
counseling and treatment from a local substance use disorder
treatment program licensed by the Department of Human Services
or a licensed hospital which provides substance abuse
treatment services. The local Infant Mortality Reduction
Network service provider and Department funded prenatal care
provider shall monitor the pregnant person woman through the
service program. The Department of Human Services shall have
the authority to promulgate rules and regulations to implement
this Section.
(Source: P.A. 100-759, eff. 1-1-19.)
(325 ILCS 5/7.3c)
Sec. 7.3c. Substance abuse services for parents women with
children.
The Department of Human Services and the Department of
Children and Family Services shall develop a community based
system of integrated child welfare and substance abuse
services for the purpose of providing safety and protection
for children, improving adult health and parenting outcomes,

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and improving family outcomes.
The Department of Children and Family Services, in
cooperation with the Department of Human Services, shall
develop case management protocols for DCFS clients with
substance abuse problems. The Departments may establish pilot
programs designed to test the most effective approaches to
case management case-management. The Departments shall
evaluate the effectiveness of these pilot programs and report
to the Governor and the General Assembly on an annual basis.
(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.)
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report
alleging that a child is a truant as defined in Section 26-2a
of the School Code, as now or hereafter amended, the
Department shall notify the superintendent of the school
district in which the child resides and the appropriate
superintendent of the educational service region. The
notification to the appropriate officials by the Department
shall not be considered an allegation of abuse or neglect
under this Act.
(a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The

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program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
Under the "differential response program" implemented
under this subsection (a-5), the Department:
(1) Shall conduct an investigation on reports
involving substantial child abuse or neglect.
(2) Shall begin an immediate investigation if, at any
time when it is using a family assessment response, it
determines that there is reason to believe that

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substantial child abuse or neglect or a serious threat to
the child's safety exists.
(3) May conduct a family assessment for reports that
do not allege substantial child endangerment. In
determining that a family assessment is appropriate, the
Department may consider issues, including, but not limited
to, child safety, parental cooperation, and the need for
an immediate response.
(4) Shall promulgate criteria, standards, and
procedures that shall be applied in making this
determination, taking into consideration the Child
Endangerment Risk Assessment Protocol of the Department.
(5) May conduct a family assessment on a report that
was initially screened and assigned for an investigation.
In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Illinois State Police if the local
law enforcement agency or Illinois State Police is conducting
a joint investigation.
Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports.
During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family

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strengths.
Information collected includes, but is not limited to,
when relevant: information with regard to the person reporting
the alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
(A) The child's sex and age, prior reports of abuse or
neglect, information relating to developmental
functioning, credibility of the child's statement, and
whether the information provided under this paragraph (A)
is consistent with other information collected during the
course of the assessment or investigation.
(B) The alleged offender's age, a record check for
prior reports of abuse or neglect, and criminal charges
and convictions. The alleged offender may submit
supporting documentation relevant to the assessment.
(C) Collateral source information regarding the
alleged abuse or neglect and care of the child. Collateral
information includes, when relevant: (i) a medical
examination of the child; (ii) prior medical records
relating to the alleged maltreatment or care of the child

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maintained by any facility, clinic, or health care
professional, and an interview with the treating
professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have
knowledge regarding the alleged maltreatment and the care
of the child.
(D) Information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
Upon completion of the family assessment, if the
Department concludes that no services shall be offered, then
the case shall be closed. If the Department concludes that
services shall be offered, the Department shall develop a
family preservation plan and offer or refer services to the
family.

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At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and
conduct an investigation based on the information discovered,
the Department shall do so.
The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
If the Department implements a differential response
program authorized under this subsection (a-5), the Department
shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section
4 of the Children and Family Services Act.
The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress
and recommendations for additional needed legislative changes.
(b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of
a child, except as provided in subsection (c) of this Section.
(2) If, during a family assessment authorized by
subsection (a-5) or an investigation, it appears that the
immediate safety or well-being of a child is endangered, that
the family may flee or the child disappear, or that the facts

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otherwise so warrant, the Child Protective Service Unit shall
commence an investigation immediately, regardless of the time
of day or night. All other investigations shall be commenced
within 24 hours of receipt of the report. Upon receipt of a
report, the Child Protective Service Unit shall conduct a
family assessment authorized by subsection (a-5) or begin an
initial investigation and make an initial determination
whether the report is a good faith indication of alleged child
abuse or neglect.
(3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a
determination of the risk to such children if they continue to
remain in the existing environments, as well as a
determination of the nature, extent and cause of any condition
enumerated in such report; the name, age and condition of
other children in the environment; and an evaluation as to
whether there would be an immediate and urgent necessity to
remove the child from the environment if appropriate family
preservation services were provided. After seeing to the

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safety of the child or children, the Department shall
forthwith notify the subjects of the report in writing, of the
existence of the report and their rights existing under this
Act in regard to amendment or expungement. To fulfill the
requirements of this Section, the Child Protective Service
Unit shall have the capability of providing or arranging for
comprehensive emergency services to children and families at
all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to
be a good faith indication of alleged child abuse or neglect
that warrants a formal investigation by the Unit, the
Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to have
caused the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent contact with children and
the alleged abuse or neglect are in the course of such
employment or activity, then the Department shall, except in
investigations where the Director determines that such
notification would be detrimental to the Department's
investigation, inform the appropriate supervisor or
administrator of that employment or activity that the Unit has
commenced a formal investigation pursuant to this Act, which
may or may not result in an indicated report. The Department
shall also notify the person being investigated, unless the
Director determines that such notification would be

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detrimental to the Department's investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to
minimize disruption of the school day. The school employee
accused of child abuse or neglect may have the school
employee's his superior, the school employee's his
association or union representative and the school
employee's his attorney present at any interview or
meeting at which the teacher or administrator is present.
The accused school employee shall be informed by a
representative of the Department, at any interview or
meeting, of the accused school employee's due process
rights and of the steps in the investigation process.
These due process rights shall also include the right of
the school employee to present countervailing evidence
regarding the accusations. In an investigation in which
the alleged perpetrator of abuse or neglect is a school
employee, including, but not limited to, a school teacher
or administrator, and the recommendation is to determine
the report to be indicated, in addition to other

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procedures as set forth and defined in Department rules
and procedures, the employee's due process rights shall
also include: (i) the right to a copy of the investigation
summary; (ii) the right to review the specific allegations
which gave rise to the investigation; and (iii) the right
to an administrator's teleconference which shall be
convened to provide the school employee with the
opportunity to present documentary evidence or other
information that supports the school employee's his or her
position and to provide information before a final finding
is entered.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall
then commence a formal investigation under paragraph (3)
of subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.

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(c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an
investigation from the school employee's his or her employment
position pending the outcome of the investigation; however,
all employment decisions regarding school personnel shall be
the sole responsibility of the school district or employer.
The Department may not require a school district to remove a
school employee from the school employee's his or her
employment position or limit the school employee's duties
pending the outcome of an investigation.
(d) If the Department has contact with an employer, or
with a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when
a report is unfounded so that any record of the investigation
can be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify

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the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in
an unfounded report.
(d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.
(e) Upon request by the Department, the Illinois State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Illinois State Police Law to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The request
shall be in the form and manner required by the Illinois State
Police. Any information obtained by the Department of Children
and Family Services under this Section is confidential and may

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not be transmitted outside the Department of Children and
Family Services other than to a court of competent
jurisdiction or unless otherwise authorized by law. Any
employee of the Department of Children and Family Services who
transmits confidential information in violation of this
Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
(f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
(325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
Sec. 7.9. The Department shall prepare, print, and
distribute initial, preliminary, and final reporting forms to
each Child Protective Service Unit. Initial written reports
from the reporting source shall contain the following
information to the extent known at the time the report is made:
(1) the names and addresses of the child and the child's his
parents or other persons responsible for the child's his
welfare; (1.5) the name and address of the school that the
child attends (or the school that the child last attended, if
the report is written during the summer when school is not in
session), and the name of the school district in which the

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school is located, if applicable; (2) the child's age, sex,
and race; (3) the nature and extent of the child's abuse or
neglect, including any evidence of prior injuries, abuse, or
neglect of the child or the child's his siblings; (4) the names
of the persons apparently responsible for the abuse or
neglect; (5) family composition, including names, ages, sexes,
and races of other children in the home; (6) the name of the
person making the report, the reporter's his occupation, and
where the reporter he can be reached; (7) the actions taken by
the reporting source, including the taking of photographs and
x-rays, placing the child in temporary protective custody, or
notifying the medical examiner or coroner; and (8) any other
information the person making the report believes might be
helpful in the furtherance of the purposes of this Act.
(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. Prior to
classifying the report, the Department shall determine whether
the report is subject to Department review under Section
7.22a. If the report is subject to Department review, the
report shall not be classified as unfounded until the review
is completed. Prior to classifying the report, the person
making the classification shall determine whether the child

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named in the report is the subject of an action under Article V
of the Juvenile Court Act of 1987 who is in the custody or
guardianship of the Department or who has an open intact
family services case with the Department or is the subject of
an action under Article II of the Juvenile Court Act of 1987.
If the child either is the subject of an action under Article V
of the Juvenile Court Act of 1987 and is in the custody or
guardianship of the Department or has an open intact family
services case with the Department or is the subject of an
action under Article II of the Juvenile Court Act of 1987 and
the Department intends to classify the report as indicated,
the Department shall, within 45 days of classification of the
report, transmit a copy of the report to the attorney or
guardian ad litem appointed for the child under Section 2-17
of the Juvenile Court Act of 1987 or to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of
1987. If the child either is the subject of an action under
Article V of the Juvenile Court Act of 1987 and is in the
custody or guardianship of the Department or has an open
intact family services case with the Department or is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the Department intends to classify the report as
unfounded, the Department shall, within 45 days of deciding
its intent to classify the report as unfounded, transmit a
copy of the report and written notice of the Department's
intent to the attorney or guardian ad litem appointed for the

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child under Section 2-17 of the Juvenile Court Act of 1987, or
to a guardian ad litem appointed under Section 5-610 of the
Juvenile Court Act of 1987. The Department's obligation under
this Section to provide reports to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of
1987 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. All information identifying
the subjects of an unfounded report shall be expunged from the
register forthwith, except as provided in Section 7.7.
Unfounded reports may only be made available to the Child
Protective Service Unit when investigating a subsequent report
of suspected abuse or maltreatment involving a child named in
the unfounded report; and to the subject of the report,
provided the Department has not expunged the file in
accordance with Section 7.7. The Child Protective Service Unit
shall not indicate the subsequent report solely based upon the
existence of the prior unfounded report or reports.
Notwithstanding any other provision of law to the contrary, an
unfounded report shall not be admissible in any judicial or
administrative proceeding or action except for proceedings
under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987
involving a petition filed under Section 2-13 of the Juvenile
Court Act of 1987 alleging abuse or neglect to the same child,
a sibling of the child, the same perpetrator, or a member of
the child's household. Identifying information on all other

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records shall be removed from the register no later than 5
years after the report is indicated. However, if another
report is received involving the same child, the child's his
sibling or offspring, or a child in the care of the persons
responsible for the child's welfare, or involving the same
alleged offender, the identifying information may be
maintained in the register until 5 years after the subsequent
case or report is closed.
Notwithstanding any other provision of this Section,
identifying information in indicated reports involving serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report is
indicated or after the subsequent case or report is closed,
and may not be removed from the register except as provided by
the Department in rules. Identifying information in indicated
reports involving sexual penetration of a child, sexual
molestation of a child, sexual exploitation of a child,
torture of a child, or the death of a child, as defined by the
Department in rules, shall be retained for a period of not less
than 50 years after the report is indicated or after the
subsequent case or report is closed.
For purposes of this Section, "child" includes an adult
resident as defined in this Act.
(Source: P.A. 101-528, eff. 8-23-19; 102-532, eff. 8-20-21.)
(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)

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Sec. 7.16. For any investigation or appeal initiated on or
after, or pending on July 1, 1998, the following time frames
shall apply. Within 60 days after the notification of the
completion of the Child Protective Service Unit investigation,
determined by the date of the notification sent by the
Department, the perpetrator named in the notification may
request the Department to amend the record or remove the
record of the report from the register, except that the 60-day
deadline for filing a request to amend the record or remove the
record of the report from the State Central Register shall be
tolled until after the conclusion of any criminal court action
in the circuit court or after adjudication in any juvenile
court action concerning the circumstances that give rise to an
indicated report. Such request shall be in writing and
directed to such person as the Department designates in the
notification letter notifying the perpetrator of the indicated
finding. The perpetrator shall have the right to a timely
hearing within the Department to determine whether the record
of the report should be amended or removed on the grounds that
it is inaccurate or it is being maintained in a manner
inconsistent with this Act, except that there shall be no such
right to a hearing on the ground of the report's inaccuracy if
there has been a court finding of child abuse or neglect or a
criminal finding of guilt as to the perpetrator. Such hearing
shall be held within a reasonable time after the perpetrator's
request and at a reasonable place and hour. The appropriate

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Child Protective Service Unit shall be given notice of the
hearing. If the minor, who is the victim named in the report
sought to be amended or removed from the State Central
Register, is the subject of a pending action under Article V of
the Juvenile Court Act of 1987 and is in the custody or
guardianship of the Department or has an open intact family
services case with the Department or is the subject of a
pending action under Article II of the Juvenile Court Act of
1987, and the report was made while a guardian ad litem was
appointed for the minor under Section 5-610 or 2-17 of the
Juvenile Court Act of 1987, then the minor shall, through the
minor's attorney or guardian ad litem appointed under Section
5-610 or 2-17 of the Juvenile Court Act of 1987, have the right
to participate and be heard in such hearing as defined under
the Department's rules. The Department's obligation under this
Section to provide a minor with a guardian ad litem appointed
under Section 5-610 of the Juvenile Court Act of 1987 and an
open intact family services case with the right to participate
and be heard applies only if the guardian ad litem notified the
Department in writing of the representation. In such hearings,
the burden of proving the accuracy and consistency of the
record shall be on the Department and the appropriate Child
Protective Service Unit. The hearing shall be conducted by the
Director or the Director's his designee, who is hereby
authorized and empowered to order the amendment or removal of
the record to make it accurate and consistent with this Act.

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The decision shall be made, in writing, at the close of the
hearing, or within 60 days thereof, and shall state the
reasons upon which it is based. Decisions of the Department
under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the perpetrator
pursuant to this Section either on administrative review or
after an administrative hearing to amend an indicated report
to an unfounded report, the report shall be released and
expunged in accordance with the standards set forth in Section
7.14 of this Act.
(Source: P.A. 100-158, eff. 1-1-18.)
(325 ILCS 5/7.19) (from Ch. 23, par. 2057.19)
Sec. 7.19. Upon request, a subject of a report shall be
entitled to receive a copy of all information contained in the
central register pertaining to the subject's his case.
However, the Department may prohibit the release of data that
would identify or locate a person who, in good faith, made a
report or cooperated in a subsequent investigation. In
addition, the Department may seek a court order from the
circuit court prohibiting the release of any information which
the court finds is likely to be harmful to the subject of the
report.
(Source: P.A. 81-1077.)

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(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Illinois State Police when administering the
provisions of the Intergovernmental Missing Child Recovery
Act of 1984.
(4) A physician who has before the physician him a
child whom the physician he reasonably suspects may be
abused or neglected.
(5) A person authorized under Section 5 of this Act to

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place a child in temporary protective custody when such
person requires the information in the report or record to
determine whether to place the child in temporary
protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
the minor's his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an issue
before such court; however, such access shall be limited
to in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of 1987.
(9) A grand jury, upon its determination that access
to such records is necessary in the conduct of its

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official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Financial and Professional
Regulation, the State Board of Education and school
superintendents in Illinois, who may use or disclose
information from the records as they deem necessary to
conduct investigations or take disciplinary action, as
provided by law.
(13) A coroner or medical examiner who has reason to
believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services
(as successor to the Department of Alcoholism and
Substance Abuse) in which children reside when a current
or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect report,

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pursuant to Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such 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 such reports or records.
Nothing contained in this Section prevents the sharing of
reports or records relating or pertaining to the death of
a minor under the care of or receiving services from the
Department of Children and Family Services and under the
jurisdiction of the juvenile court with the juvenile
court, the State's Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities.

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(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is the subject of a report or records under this
Act; or the person appointed, under Section 5-610 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is in the custody or guardianship of the
Department or who has an open intact family services case
with the Department and who is the subject of a report or
records made pursuant to this Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early
intervention services pursuant to that Act, for the
purpose of determining whether a current or prospective
employee who provides or may provide direct services under
that Act is the perpetrator in an indicated report of
child abuse or neglect filed under this Act.
(b) 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.
(c) To the extent that persons or agencies are given
access to information pursuant to this Section, those persons
or agencies may give this information to and receive this

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information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
(325 ILCS 5/11.1a)
Sec. 11.1a. Disclosure of information.
(a) The Director or a person designated in writing by the
Director for this purpose may disclose information regarding
the abuse or neglect of a child as set forth in this Section,
the investigation thereof, and any services related thereto,
if the Director or a person designated in writing by the
Director he or she determines that such disclosure is not
contrary to the best interests of the child, the child's
siblings, or other children in the household, and one of the
following factors are present:
(1) The subject of the report has been criminally
charged with committing a crime related to the child abuse
or neglect report; or
(2) A law enforcement agency or official, a State's
Attorney, or a judge of the State court system has
publicly disclosed in a report as part of the law
enforcement agency's or official's, the State's
Attorney's, or the judge's his or her official duty,
information regarding the investigation of a report or the
provision of services by the Department; or
(3) An adult subject of the report has knowingly and

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voluntarily made a public disclosure concerning a Child
Abuse and Neglect Tracking System report; or
(4) The child named in the report has been critically
injured or died.
(b) Information may be disclosed pursuant to this Section
as follows:
(1) The name of the alleged abused or neglected child.
(2) The current status of the investigation, including
whether a determination of credible evidence has been
made.
(3) Identification of child protective or other
services provided or actions taken regarding the child
named in the report and the child's his or her family as a
result of this report.
(4) Whether there have been past reports of child
abuse or neglect involving this child or family, or both.
Any such reports shall be clearly identified as being
"Indicated", "Unfounded", or "Pending".
(5) Whether the Department has a current or past open
service case with the family, and a history of what types
of services have been, or are being, provided.
(6) Any extraordinary or pertinent information
concerning the circumstances of the report, if the
Director determines such disclosure is consistent with the
public interest.
(c) Any disclosure of information pursuant to this Section

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shall not identify the name of or provide identifying
information regarding the source of the report.
(d) In determining pursuant to subsection (a) of this
Section, whether disclosure will be contrary to the best
interests of the child, the child's siblings, or other
children in the household, the Director shall consider the
interest in privacy of the child and the child's family and the
effects which disclosure may have on efforts to reunite and
provide services to the family.
(e) Except as it applies directly to the cause of the abuse
or neglect of the child, nothing in this Section shall be
deemed to authorize the release or disclosure of the substance
or content of any psychological, psychiatric, therapeutic,
clinical, or medical reports, evaluations, or like materials
pertaining to the child or the child's family. Prior to the
release or disclosure of any psychological, psychiatric, or
therapeutic reports pursuant to this subsection, the Deputy
Director of Clinical Services shall review such materials and
make recommendations regarding its release. Any disclosure of
information pursuant to this Section shall not identify the
health care provider, health care facility or other maker of
the report or source of any psychological, psychiatric,
therapeutic, clinical, or medical reports, evaluations, or
like materials.
(f) Regarding child abuse or neglect reports which occur
at a facility licensed by the Department of Children and

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Family Services, only the following information may be
disclosed or released:
(1) The name of the facility.
(2) The nature of the allegations of abuse or neglect.
(3) The number and ages of child victims involved, and
their relationship to the perpetrator.
(4) Actions the Department has taken to ensure the
safety of the children during and subsequent to the
investigation.
(5) The final finding status of the investigation.
(Source: P.A. 90-75, eff. 1-1-98.)
(325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
Sec. 11.3. A person given access to the names or other
information identifying the subjects of the report, except the
subject of the report, shall not make public such identifying
information unless the person he is a State's attorney or
other law enforcement official and the purpose is to initiate
court action. Violation of this Section is a Class A
misdemeanor.
(Source: P.A. 81-1077.)
(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
Sec. 11.5. Public awareness program.
(a) No later than 6 months after the effective date of this
amendatory Act of the 101st General Assembly, the Department

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of Children and Family Services shall develop culturally
sensitive materials on child abuse and child neglect, the
statewide toll-free telephone number established under Section
7.6, and the process for reporting any reasonable suspicion of
child abuse or child neglect.
The Department shall reach out to businesses and
organizations to seek assistance in raising awareness about
child abuse and child neglect and the statewide toll-free
telephone number established under Section 7.6, including
posting notices. The Department shall make a model notice
available for download on the Department's website. The model
notice shall:
(1) be available in English, Spanish, and the 2 other
languages most widely spoken in the State;
(2) be at least 8 1/2 inches by 11 inches in size and
written in a 16-point font;
(3) include the following statement:
"Protecting children is a responsibility we all
share. It is important for every person to take child
abuse and child neglect seriously, to be able to
recognize when it happens, and to know what to do next.
If you have reason to believe a child you know is being
abused or neglected, call the State's child abuse
hotline"; and
(4) include the statewide toll-free telephone number
established under Section 7.6, and the Department's

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website address where more information about child abuse
and child neglect is available.
(b) Within the appropriation available, the Department
shall conduct a continuing education and training program for
State and local staff, persons and officials required to
report, the general public, and other persons engaged in or
intending to engage in the prevention, identification, and
treatment of child abuse and neglect. The program shall be
designed to encourage the fullest degree of reporting of known
and suspected child abuse and neglect, and to improve
communication, cooperation, and coordination among all
agencies in the identification, prevention, and treatment of
child abuse and neglect. The program shall inform the general
public and professionals of the nature and extent of child
abuse and neglect and their responsibilities, obligations,
powers and immunity from liability under this Act. It may
include information on the diagnosis of child abuse and
neglect and the roles and procedures of the Child Protective
Service Unit, the Department and central register, the courts
and of the protective, treatment, and ameliorative services
available to children and their families. Such information may
also include special needs of persons mothers at risk of
delivering a child whose life or development may be threatened
by a disabling condition, to ensure informed consent to
treatment of the condition and understanding of the unique
child care responsibilities required for such a child. The

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program may also encourage parents and other persons having
responsibility for the welfare of children to seek assistance
on their own in meeting their child care responsibilities and
encourage the voluntary acceptance of available services when
they are needed. It may also include publicity and
dissemination of information on the existence and number of
the 24 hour, State-wide, toll-free telephone service to assist
persons seeking assistance and to receive reports of known and
suspected abuse and neglect.
(c) Within the appropriation available, the Department
also shall conduct a continuing education and training program
for State and local staff involved in investigating reports of
child abuse or neglect made under this Act. The program shall
be designed to train such staff in the necessary and
appropriate procedures to be followed in investigating cases
which it appears may result in civil or criminal charges being
filed against a person. Program subjects shall include but not
be limited to the gathering of evidence with a view toward
presenting such evidence in court and the involvement of State
or local law enforcement agencies in the investigation. The
program shall be conducted in cooperation with State or local
law enforcement agencies, State's Attorneys and other
components of the criminal justice system as the Department
deems appropriate.
(Source: P.A. 101-564, eff. 1-1-20.)

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(325 ILCS 5/11.8)
Sec. 11.8. Cross-reporting.
(a) Investigation Specialists, Intact Family Specialists,
and Placement Specialists employed by the Department of
Children and Family Services who reasonably believe that an
animal observed by them when in their professional or official
capacity is being abused or neglected in violation of the
Humane Care for Animals Act must immediately make a written or
oral report to the Department of Agriculture's Bureau of
Animal Health and Welfare. However, the Department of Children
and Family Services may not discipline an Investigation
Specialist, an Intact Family Specialist, or a Placement
Specialist for failing to make such a report if the Specialist
determines that making the report would interfere with the
performance of the specialist's his or her child welfare
protection duties.
(b) A home rule unit may not regulate the reporting of
child abuse or neglect in a manner inconsistent with the
provisions of this Section. This Section is a limitation under
subsection (i) of Section 6 of Article VII of the Illinois
Constitution on the concurrent exercise by home rule units of
powers and functions exercised by the State.
(Source: P.A. 96-494, eff. 8-14-09.)
Section 60. The Child Sexual Abuse Prevention Act is
amended by changing Sections 4 and 7 as follows:

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(325 ILCS 15/4) (from Ch. 23, par. 2084)
Sec. 4. The Department of Children and Family Services
shall support through a grant program a child sexual abuse
crisis intervention demonstration center in Cook County and in
other parts of the State as funding permits. The functions and
goals of such crisis intervention centers shall be:
(a) To respond within 24 hours or as soon thereafter as
possible to a report of child sexual abuse or exploitation by
professional contact with the child and the child's his
family, and with those persons in the courts and police
department involved in the case.
(b) The agents of such crisis intervention centers shall:
(1) refer the child, and the child's his family if
appropriate, to counseling services, including those
provided by the treatment centers;
(2) accompany the victim through all stages of police
investigation, case development and trial where necessary;
(3) provide advice to involved police, assistant
district attorneys, and judges in the proper handling of a
child subjected to sexual abuse and exploitation whenever
possible. This advice will be made with consideration to
the following priorities:
(i) the welfare of the child; and
(ii) improved chances for a successful
prosecution;

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(4) make every effort to develop an approach which
meets the needs of developing a sound case by assisting
the child to understand and cope with the child's his role
in the prosecution process.
(c) The crisis intervention demonstration centers shall
develop and implement written procedures for case planning and
case monitoring in relation to the processes of treatment and
of investigation and prosecution.
(d) Crisis intervention agents should demonstrate evidence
of professional knowledge of child development and a record of
positive interaction with the police and courts.
(e) The centers shall develop training materials for city
and county and State personnel through the State to enable
emulation and adaptation of the program by other communities
and to develop awareness of the problems faced by a child
sexual abuse victim as the victim he confronts the criminal
justice system.
(f) The centers shall report to the director improvements
in the criminal justice system and the interrelation of the
criminal justice system and child support systems that would
serve to meet the goals of this Act.
(g) Reports of child sexual abuse referred for
investigation to a local law enforcement agency in Cook County
by the State Central Registry of the Department of Children
and Family Services must also be referred to the crisis
intervention center. Reports of child sexual abuse made

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directly to a local law enforcement agency in Cook County may
be referred by that agency to the crisis intervention center.
All centers shall make local law enforcement agencies aware of
their purposes and encourage their utilization.
(Source: P.A. 84-564.)
(325 ILCS 15/7) (from Ch. 23, par. 2087)
Sec. 7. The Director of the Department of Children and
Family Services shall submit annual reports to the General
Assembly concerning the Department's his findings regarding
the degree of achievement of the goals of this Act.
(Source: P.A. 84-564.)
Section 65. The Juvenile Court Act of 1987 is amended by
changing Sections 1-2, 1-3, 1-5, 1-7, 1-8, 1-9, 2-1, 2-3, 2-4,
2-4b, 2-5, 2-6, 2-7, 2-8, 2-9, 2-10, 2-10.3, 2-11, 2-13,
2-13.1, 2-15, 2-16, 2-17, 2-17.1, 2-20, 2-22, 2-23, 2-24,
2-25, 2-26, 2-27, 2-27.1, 2-28, 2-29, 2-31, 2-34, 3-1, 3-3,
3-4, 3-5, 3-6, 3-7, 3-8, 3-9, 3-10, 3-11, 3-12, 3-14, 3-15,
3-16, 3-17, 3-18, 3-19, 3-21, 3-22, 3-23, 3-24, 3-25, 3-26,
3-27, 3-28, 3-29, 3-30, 3-32, 3-33.5, 4-1, 4-4, 4-5, 4-6, 4-7,
4-8, 4-9, 4-11, 4-12, 4-13, 4-14, 4-15, 4-16, 4-18, 4-20,
4-21, 4-22, 4-23, 4-24, 4-25, 4-26, 4-27, 4-29, 5-101, 5-105,
5-110, 5-120, 5-130, 5-145, 5-150, 5-155, 5-160, 5-170, 5-301,
5-305, 5-310, 5-401, 5-401.5, 5-401.6, 5-405, 5-407, 5-410,
5-415, 5-501, 5-505, 5-520, 5-525, 5-530, 5-601, 5-605, 5-610,

HB1596 Engrossed - 259 - LRB103 25063 WGH 51398 b
5-615, 5-620, 5-625, 5-705, 5-710, 5-711, 5-715, 5-720, 5-725,
5-730, 5-735, 5-740, 5-745, 5-750, 5-755, 5-7A-105, 5-7A-115,
5-810, 5-815, 5-820, 5-901, 5-905, 5-910, 5-915, 5-920, 6-1,
6-3, 6-4, 6-7, 6-8, 6-9, and 6-10 as follows:
(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 his or her 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 him or her from the custody of the minor's his or her
parents only when the minor's his or her 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 his or her 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 his or her own
family, to secure for the minor him or her custody, care and

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discipline as nearly as possible equivalent to that which
should be given by the minor's his or her parents, and in cases
where it should and can properly be done to place the minor in
a family home so that the minor he or she 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 have
been provided and were unsuccessful, and there are
aggravating circumstances including, but not limited to,
those cases in which (i) the child or another child of that
child's parent was (A) abandoned, (B) tortured, or (C)
chronically abused or (ii) the parent is criminally
convicted of (A) first degree murder or second degree
murder of any child, (B) attempt or conspiracy to commit
first degree murder or second degree murder of any child,
(C) solicitation to commit murder, solicitation to commit
murder for hire, solicitation to commit second degree
murder of any child, or aggravated assault in violation of
subdivision (a)(13) of Section 12-2 of the Criminal Code
of 1961 or the Criminal Code of 2012, or (D) aggravated
criminal sexual assault in violation of Section
11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of
1961 or the Criminal Code of 2012; or
(b) when the parental rights of a parent with respect
to another child of the parent have been involuntarily

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terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an
extremely poor prognosis for treatment or rehabilitation,
justifies expedited termination of parental rights.
(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
be the rights of adults unless specifically precluded by
laws which enhance the protection of such minors.
(b) Every child has a right to services necessary to
the child's his or her safety and proper development,
including health, education and social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is
contrary to the health, safety, and best interests of the
child.
(4) This Act shall be liberally construed to carry out the

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foregoing purpose and policy.
(Source: P.A. 97-1150, eff. 1-25-13.)
(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

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context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,
attachment, and a sense of being valued);
(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 for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care

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for the child.
(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

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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 his or her general welfare. It includes but is
not necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or to
a major medical, psychiatric, and surgical treatment; to
represent the minor in legal actions; and to make other
decisions of substantial legal significance concerning the
minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained

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by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(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
him and to provide the minor him with food, shelter, education

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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 him or her 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,

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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 him or
her from providing the care necessary to safeguard the

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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 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 his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition

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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; 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

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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 his or her 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

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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.)
(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 his or her
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

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court may require appointed counsel, other than counsel for
the minor or counsel for the guardian ad litem, to withdraw the
counsel's his or her 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 he or she 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

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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
his or her 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.

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(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

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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 his
or her 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

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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 his
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

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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 his
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

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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. 101-147, eff. 1-1-20.)
(705 ILCS 405/1-7)

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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 his or her 18th birthday
shall be restricted to the following:
(0.05) The minor who is the subject of the juvenile
law enforcement record, the minor's his or her parents,
guardian, and counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any

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jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of

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criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
conditions of pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official

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capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;

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(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare

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service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into

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actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in

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a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(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 his or her 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

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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 his or her 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 independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor

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whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the 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.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(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.

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(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.

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(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 his or her own 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. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
102-752, eff. 1-1-23; 102-813, eff. 5-13-22.)
(705 ILCS 405/1-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.

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(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
minor's his or her parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the

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previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:

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(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the conditions of
pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including
a hearing to determine the conditions of pretrial
release, a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on an
application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment

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plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this

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paragraph (11) may be used only in sexually violent
persons commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(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

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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 Bill of
Rights for Victims and Witnesses of Violent Crime 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

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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 him or her.
(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.

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(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 his
or her 18th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department 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

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for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(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 his 18th
birthday or the minor's his 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

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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. 100-1162, eff. 12-20-18.)
(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 boys and girls who are abused, neglected or dependent,
as defined in Sections 2-3 or 2-4.
(Source: P.A. 85-601.)
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) 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

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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 who is not
receiving the proper or necessary support, education as
required by law, or medical or other remedial care
recognized under State law as necessary for a minor's
well-being, or other care necessary for the minor's his or
her well-being, including adequate food, clothing and
shelter, or who is abandoned by the minor's his or her
parent or parents or other person or persons responsible
for the minor's welfare, except that a minor shall not be
considered neglected for the sole reason that the minor's
parent or parents or other person or persons responsible
for the minor's welfare have left the minor in the care of
an adult relative for any period of time, who the parent or
parents or other person responsible for the minor's
welfare know is both a mentally capable adult relative and
physically capable adult relative, as defined by this Act;
or
(b) 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 environment
is injurious to the minor's his or her welfare; or
(c) any newborn infant whose blood, urine, or meconium

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contains any amount of a controlled substance as defined
in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, as now or hereafter amended, or
a metabolite of a controlled substance, with the exception
of controlled substances or metabolites of such
substances, the presence of which in the newborn infant is
the result of medical treatment administered to the person
who gave birth mother or the newborn infant; or
(d) any minor under the age of 14 years whose parent or
other person responsible for the minor's welfare leaves
the minor without supervision for an unreasonable period
of time without regard for the mental or physical health,
safety, or welfare of that minor; or
(e) any minor who has been provided with interim
crisis intervention services under Section 3-5 of this Act
and whose parent, guardian, or custodian refuses to permit
the minor to return home unless the minor is an immediate
physical danger to the minor himself, herself, or others
living in the home.
Whether the minor was left without regard for the mental
or physical health, safety, or welfare of that minor or the
period of time was unreasonable shall be determined by
considering the following factors, including but not limited
to:
(1) the age of the minor;
(2) the number of minors left at the location;

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(3) special needs of the minor, including whether the
minor is a person with a physical or mental disability, or
otherwise in need of ongoing prescribed medical treatment
such as periodic doses of insulin or other medications;
(4) the duration of time in which the minor was left
without supervision;
(5) the condition and location of the place where the
minor was left without supervision;
(6) the time of day or night when the minor was left
without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent or guardian at the time
the minor was left without supervision, the physical
distance the minor was from the parent or guardian at the
time the minor was without supervision;
(9) whether the minor's movement was restricted, or
the minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of a
person or location to call in the event of an emergency and
whether the minor was capable of making an emergency call;
(11) whether there was food and other provision left
for the minor;
(12) whether any of the conduct is attributable to

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economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the minor;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
minor;
(14) whether the minor was left under the supervision
of another person;
(15) any other factor that would endanger the health
and safety of that particular minor.
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.
(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
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,

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impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;
(iii) commits or allows to be committed any sex
offense against such minor, as such sex offenses are
defined in the Criminal Code of 1961 or the Criminal Code
of 2012, or in the Wrongs to Children Act, and extending
those definitions of sex offenses to include minors under
18 years of age;
(iv) commits or allows to be committed an act or acts
of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 1961 or the Criminal Code of
2012, upon such minor; or
(vii) allows, encourages or requires a minor to commit
any act of prostitution, as defined in the Criminal Code
of 1961 or the Criminal Code of 2012, and extending those
definitions to include minors under 18 years of age.
A minor shall not be considered abused for the sole reason

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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, the minor's himself, his
parents, guardian or custodian.
(4) 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. 101-79, eff. 7-12-19.)
(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
custodian;
(b) who is without proper care because of the physical
or mental disability of the minor's his parent, guardian
or custodian;
(c) who is without proper medical or other remedial
care recognized under State law or other care necessary

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for the minor's his or her well being through no fault,
neglect or lack of concern by the minor's his parents,
guardian or custodian, provided that no order may be made
terminating parental rights, nor may a minor be removed
from the custody of the minor's his or her parents for
longer than 6 months, pursuant to an adjudication as a
dependent minor under this subdivision (c), unless it is
found to be in the minor's his or her best interest by the
court or the case automatically closes as provided under
Section 2-31 of this Act; or
(d) who has a parent, guardian or legal custodian who
with good cause wishes to be relieved of all residual
parental rights and responsibilities, guardianship or
custody, and who desires the appointment of a guardian of
the person with power to consent to the adoption of the
minor under Section 2-29.
(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 himself, his
parent or parents, guardian or custodian or to a minor solely
because the minor's his or her 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

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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. 101-79, eff. 7-12-19.)
(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

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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
alleging that the minor he or she is an abused or neglected
minor;
(2) for whom the court has made a finding that the
minor he or she is an abused or neglected minor under this
Act; or

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(3) who is in the temporary custody of the Department
of Children and Family Services and the minor has been the
subject of an indicated allegation of abuse or neglect,
other than for psychiatric lockout, where a respondent was
the perpetrator within 5 years of the filing of the
pending petition.
(Source: P.A. 100-978, eff. 8-19-18; 101-81, eff. 7-12-19.)
(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 himself or others or that the circumstances of the
minor's his home environment may endanger the minor's 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

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this Section is not an arrest nor does it constitute a police
record.
(Source: P.A. 85-601.)
(705 ILCS 405/2-6) (from Ch. 37, par. 802-6)
Sec. 2-6. Duty of officer. (1) 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 he or she is being held.
(a) A law enforcement officer who takes a minor into
custody with a warrant shall without unnecessary delay take
the minor to the nearest juvenile police officer designated
for such purposes in the county of venue.
(b) A law enforcement officer who takes a minor into
custody without a warrant shall place the minor in temporary
protective custody and shall immediately notify the Department
of Children and Family Services by contacting either the
central register established under 7.7 of the Abused and
Neglected Child Reporting Act or the nearest Department of
Children and Family Services office. If there is reasonable
cause to suspect that a minor has died as a result of abuse or
neglect, the law enforcement officer shall immediately report
such suspected abuse or neglect to the appropriate medical
examiner or coroner.

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(Source: P.A. 85-601.)
(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 his or her guardian or parent, and includes the
following:
(1) "Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department of Children and
Family Services, subject to review by the court, including a
licensed foster home, group home, or other institution.
However, such place shall not be a jail or other place for the
detention of the criminal or juvenile offenders.
(2) "Shelter care" means a physically unrestrictive
facility designated by the 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 his or her home.
(Source: P.A. 85-601.)
(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

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investigate the circumstances of the minor and the facts
surrounding the minor his or her being taken into custody. The
minor shall be immediately released to the custody of the
minor's 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 temporary protective custody is necessary, as provided
in Section 2-7.
(Source: P.A. 85-601.)
(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
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, the probation officer or such other
public officer designated by the court he 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

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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 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 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. 87-759.)
(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

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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 his or her parent,
guardian, 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 his or her 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

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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.

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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 he or she 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 his or her 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 his or her 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

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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 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.
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,

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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

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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

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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

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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 his or her home or that
no efforts reasonably could be made to prevent or eliminate
the removal of the minor from the minor's his or her 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 his
or her 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

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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 maternal and
paternal adult relatives, including, but not limited to,
grandparents, siblings of the minor's parents aunts, uncles,
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

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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 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)
whether 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

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trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
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

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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 48 hours 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

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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, 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 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 18 years of age must be kept
separate from confined adults and may not at any time be kept

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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:

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(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 and
the child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, 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 and the child can be cared for
at home without endangering the child's health or safety.
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

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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 his or her 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
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
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).

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(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 respondents
and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult
family members of the minor in decision making on behalf
of the minor;
(c) the length of time the efforts in paragraphs (a)
and (b) have been ongoing;
(d) the relationship between the respondents and adult
family members and the minor;
(e) medical testimony regarding the extent to which
the minor is suffering and the impact of a delay in
decision-making on the minor; and

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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.)
(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

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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 his or her 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
rights under this Section.
(2) If the minor does not have an attorney, the court
shall appoint one for purposes of the motion.
(3) The Department shall facilitate the minor's
presence in court for hearings on the motion if the minor
wants to be present.
(4) The party filing the motion shall provide prior
notice of the hearing to the involved news media.
(5) Minors over 18. If the court finds that the
Department has interfered with the minor's right to
communicate with the media, the court shall enjoin any

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further interference by the Department with the minor's
contacts with the news media.
(6) Minors under 18. The Department shall have the
burden of establishing by clear and convincing evidence:
(i) that the minor does not have sufficient maturity to
make the minor's his or her own decision to communicate
with the news media and that contact with the news media
will, more likely than not, cause the minor serious
physical, emotional, or mental harm; and (ii) that less
restrictive means are insufficient to address the minor's
lack of maturity or the risk of serious physical,
emotional, or mental harm. If the court finds by clear and
convincing evidence that a minor under 18 years of age
lacks sufficient maturity to make the minor's his or her
own decision to communicate with the media and that the
contact with the news media will, more likely than not,
cause the minor serious physical, emotional, or mental
harm, the court may issue an order identifying the
specific limits that the Department may impose on the
minor's communication with the news media. The order shall
not permit the Department to prevent the minor from
communicating with the news media unless it determines
that no less restrictive means are available to address
the likelihood of harm to the minor.
(7) The court shall not impose any limitations on the
speech of a minor based on viewpoints the minor may

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express or information the minor may divulge, unless it is
confidential information regarding third parties.
(8) All orders resolving motions brought under this
subsection shall contain written findings in support of
the court's ruling.
(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
communicating with news media that is consistent with the
minor's age, developmental capacity and circumstances,
including information about the minor's right to refuse
particular questions, the right to condition the
participation upon a promise of anonymity or other privacy
measures, the right to refuse to speak to the news media,
and similar advice designed to enhance the minor's right
to autonomy in communicating with the news media; and
(2) conducting an inquiry into (i) whether a minor
under 18 is sufficiently mature to decide for themselves
whether to communicate with the news media and (ii)
whether communicating with the news media will more likely

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than not cause serious physical, emotional, or mental harm
to the minor under 18. The inquiry in this subsection must
be concluded within one business day of the request from
the news media.
(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
to protect the minor's privacy, such as using a pseudonym
or limiting the use of the voice or image of a minor;
(2) the presence of the minor's guardian ad litem or
attorney or another adult of the minor's choosing, during
the communication with the news media; and
(3) providing the minor with age-appropriate media
literacy materials or other relevant educational material.
(Source: P.A. 102-615, eff. 8-27-21.)
(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.

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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 his 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
Transmissible Disease 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 his
designee, or who discloses the results of such tests to the
Department's Guardianship Administrator or the Guardianship
Administrator's his 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. 86-904.)
(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

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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 his parents; (d) the name
and residence of the minor's 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 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 he be

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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:

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(i) a minor has been in foster care, as described in
subsection (b), for 15 months of the most recent 22
months; or
(ii) a minor under the age of 2 years has been
previously determined to be abandoned at an adjudicatory
hearing; or
(iii) the parent is criminally convicted of:
(A) first degree murder or second degree murder of
any child;
(B) attempt or conspiracy to commit first degree
murder or second degree murder of any child;
(C) solicitation to commit murder of any child,
solicitation to commit murder for hire of any child,
or solicitation to commit second degree murder of any
child;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious injury to the minor or a sibling of
the minor;
(E) predatory criminal sexual assault of a child;
(E-5) aggravated criminal sexual assault;
(E-10) criminal sexual abuse in violation of
subsection (a) of Section 11-1.50 of the Criminal Code
of 1961 or the Criminal Code of 2012;
(E-15) sexual exploitation of a child;
(E-20) permitting sexual abuse of a child;

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(E-25) criminal sexual assault; or
(F) an offense in any other state the elements of
which are similar and bear a substantial relationship
to any of the foregoing offenses.
(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
compelling reason for determining that filing such
petition would not be in the best interests of the child,
(iii) the court has found within the preceding 12
months that the Department has failed to make reasonable
efforts to reunify the child and family, or
(iv) the parent is incarcerated, or the parent's prior
incarceration is a significant factor in why the child has
been in foster care for 15 months out of any 22-month
period, the parent maintains a meaningful role in the
child's life, and the Department has not documented
another reason why it would otherwise be appropriate to
file a petition to terminate parental rights pursuant to
this Section and the Adoption Act. The assessment of
whether an incarcerated parent maintains a meaningful role
in the child's life may include consideration of the
following:
(A) the child's best interest;
(B) the parent's expressions or acts of

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manifesting concern for the child, such as letters,
telephone calls, visits, and other forms of
communication with the child and the impact of the
communication on the child;
(C) the parent's efforts to communicate with and
work with the Department for the purpose of complying
with the service plan and repairing, maintaining, or
building the parent-child relationship; or
(D) limitations in the parent's access to family
support programs, therapeutic services, visiting
opportunities, telephone and mail services, and
meaningful participation in court proceedings.
(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
hearing that the child is an abused, neglected, or
dependent minor; or
(2) 60 days after the date on which the child is
removed from the child's his or her parent, guardian, or
legal custodian.
(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

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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. 101-529, eff. 1-1-20.)
(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 his
or her parent or parents are no longer required and are to
cease.
(b) The court shall grant this motion with respect to a

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parent of the minor if the court finds after a hearing that the
parent has:
(i) had his or her parental rights to another child of
the parent involuntarily terminated; or
(ii) been convicted of:
(A) first degree or second degree murder of
another child of the parent;
(B) attempt or conspiracy to commit first degree
or second degree murder of another child of the
parent;
(C) solicitation to commit murder of another child
of the parent, solicitation to commit murder for hire
of another child of the parent, or solicitation to
commit second degree murder of another child of the
parent;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious bodily injury to the minor or
another child of the parent; or
(E) an offense in any other state the elements of
which are similar and bear substantial relationship to
any of the foregoing offenses
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

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a parent of the minor if:
(i) after a hearing it determines that further
reunification services would no longer be appropriate, and
(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. 90-608, eff. 6-30-98.)
(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

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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

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copy at the summoned person's his or her 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 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 the officer or person 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

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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 his 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. 101-146, eff. 1-1-20.)
(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

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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 his or her 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 his or her 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 his or her 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

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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

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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' his or her last known address. The
certificate of the clerk that the clerk 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 parent, guardian
or legal custodian in the case of a minor described in Section
2-3 or 2-4.

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(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. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
eff. 6-30-98; 91-357, eff. 7-29-99.)
(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
or neglected child; or
(b) such petition alleges that charges alleging the

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commission of any of the sex offenses defined in Article
11 or in Sections 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, 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.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law, the guardian ad litem he
or she shall be represented in the performance of the guardian
ad litem's his or her 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
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.
(3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest

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between the minor and the minor's his 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 he or she 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

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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

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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. 101-81, eff. 7-12-19; 102-208, eff. 7-30-21.)
(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

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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
developed standards, has been screened and trained
regarding child abuse and neglect, child development, and
juvenile court proceedings according to the standards of
the National CASA Association;
(c) is being actively supervised by a court appointed
special advocate program in good standing with the
Illinois Association of Court Appointed Special Advocates;
and
(d) has been sworn in by a circuit court judge
assigned to juvenile cases in the circuit court in which
the court appointed special advocate he or she wishes to
serve.
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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facts and circumstances surrounding the case by monitoring
the court order;
(b) maintain regular and sufficient in-person contact
with the minor;
(c) submit written reports to the court regarding the
minor's best interests;
(d) advocate for timely court hearings to obtain
permanency for the minor;
(e) be notified of all administrative case reviews
pertaining to the minor and work with the parties'
attorneys, the guardian ad litem, and others assigned to
the minor's case to protect the minor's health, safety,
and best interests and insure the proper delivery of child
welfare services;
(f) attend all court hearings and other proceedings to
advocate for the minor's best interests;
(g) monitor compliance with the case plan and all
court orders; and
(h) review all court documents that relate to the
minor child.
(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

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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 his or her
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

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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 his or her appointment shall have immunity from any
civil or criminal liability that otherwise might result by
reason of the court appointed special advocate's his or her
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.)
(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 his parent,

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guardian, custodian, responsible relative, defense attorney or
the State's Attorney.
(2) If the minor, the minor's his parent, guardian,
custodian, responsible relative, 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 his
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
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

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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. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)
(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 he be made a ward of the court, and,
if the minor he 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.

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(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

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the dispositional hearing occurs more than 6 months after the
initial removal of a minor from the minor's his or her home. In
scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from
the minor's his or her 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:

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(A) whose identity still remains unknown;
(B) whose whereabouts remain unknown; or
(C) who was found in default at the adjudicatory
hearing and has not obtained an order setting aside the
default in accordance with Section 2-1301 of the Code of
Civil Procedure.
(Source: P.A. 92-822, eff. 8-21-02.)
(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
Section 2-3 or dependent under Section 2-4 may be (1)
continued in the custody of the minor's his or her
parents, guardian or legal custodian; (2) placed in
accordance with Section 2-27; (3) restored to the custody
of the parent, parents, guardian, or legal custodian,
provided the court shall order the parent, parents,
guardian, or legal custodian 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 the possible termination of their
parental rights; or (4) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Minors Act.

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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.
However, in any case in which a minor is found by the
court to be neglected or abused under Section 2-3 of this
Act, custody of the minor shall not be restored to any
parent, guardian or legal custodian whose acts or
omissions or both have been identified, pursuant to
subsection (1) of Section 2-21, as forming the basis for
the court's finding of abuse or neglect, until such time
as a hearing is held on the issue of the best interests of
the minor and the fitness of such parent, guardian or
legal custodian to care for the minor without endangering
the minor's health or safety, and the court enters an
order that such parent, guardian or legal custodian is fit
to care for the minor.
(b) A minor found to be dependent under Section 2-4
may be (1) placed in accordance with Section 2-27 or (2)
ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act.

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However, in any case in which a minor is found by the
court to be dependent under Section 2-4 of this Act,
custody of the minor shall not be restored to any parent,
guardian or legal custodian whose acts or omissions or
both have been identified, pursuant to subsection (1) of
Section 2-21, as forming the basis for the court's finding
of dependency, until such time as a hearing is held on the
issue of the fitness of such parent, guardian or legal
custodian to care for the minor without endangering the
minor's health or safety, and the court enters an order
that such parent, guardian or legal custodian is fit to
care for the minor.
(b-1) A minor between the ages of 18 and 21 may be
placed pursuant to Section 2-27 of this Act if (1) the
court has granted a supplemental petition to reinstate
wardship of the minor pursuant to subsection (2) of
Section 2-33, (2) the court has adjudicated the minor a
ward of the court, permitted the minor to return home
under an order of protection, and subsequently made a
finding that it is in the minor's best interest to vacate
the order of protection and commit the minor to the
Department of Children and Family Services for care and
service, or (3) the court returned the minor to the
custody of the respondent under Section 2-4b of this Act
without terminating the proceedings under Section 2-31 of
this Act, and subsequently made a finding that it is in the

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minor's best interest to commit the minor to the
Department of Children and Family Services for care and
services.
(c) When the court awards guardianship to the
Department of Children and Family Services, the court
shall order the parents to 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.
(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

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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.

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(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.

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(4) In addition to any other order of disposition, the
court may order any minor adjudicated neglected with respect
to the minor's his or her 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.

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(Source: P.A. 101-79, eff. 7-12-19; 102-489, eff. 8-20-21.)
(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 his parents, guardian or legal
custodian, or continues the minor him 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. 90-28, eff. 1-1-98.)

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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
periods;
(c) to abstain from offensive conduct against the
minor, the minor's 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

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that tend to make the home not a proper place for the
minor;
(h) to refrain from contacting the minor and the
foster parents in any manner that is not specified in
writing in the case plan.
(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

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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 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

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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

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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.)
(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 him before the court.
(2) In any case where an order of protection has been

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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 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 the peace officer's 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.)
(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 his or her 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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relative or other person as legal custodian or guardian;
(a-5) with the approval of the Department of Children
and Family Services, place the minor in the subsidized
guardianship of a suitable relative or other person as
legal guardian; "subsidized guardianship" means a private
guardianship arrangement for children for whom the
permanency goals of return home and adoption have been
ruled out and who meet the qualifications for subsidized
guardianship as defined by the Department of Children and
Family Services in administrative rules;
(b) place the minor under the guardianship of a
probation officer;
(c) commit the minor 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) on and after the effective date of this amendatory
Act of the 98th General Assembly and before January 1,
2017, commit the minor to the Department of Children and
Family Services for care and service; however, 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 (i) a minor less than 16
years of age and committed to the Department of Children

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and Family Services under Section 5-710 of this Act, (ii)
a minor under the age of 18 for whom an independent basis
of abuse, neglect, or dependency exists, or (iii) a minor
for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section
2-33 of this Act. On and after January 1, 2017, commit the
minor to the Department of Children and Family Services
for care and service; however, 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 (i) 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, (ii) a minor under the age of 18 for
whom an independent basis of abuse, neglect, or dependency
exists, or (iii) a minor for whom the court has granted a
supplemental petition to reinstate wardship pursuant to
subsection (2) of Section 2-33 of this Act. 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. The Department
shall be given due notice of the pendency of the action and
the Guardianship Administrator of the Department of
Children and Family Services shall be appointed guardian

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of the person of the minor. Whenever the Department seeks
to discharge a minor from its care and service, the
Guardianship Administrator shall petition the court for an
order terminating guardianship. The Guardianship
Administrator may designate one or more other officers of
the Department, appointed as Department officers by
administrative order of the Department Director,
authorized to affix the signature of the Guardianship
Administrator to documents affecting the guardian-ward
relationship of children for whom the Guardianship
Administrator he or she has been appointed guardian at
such times as the Guardianship Administrator he or she is
unable to perform the duties of the Guardianship
Administrator his or her office. The signature
authorization shall include but not be limited to matters
of consent of marriage, enlistment in the armed forces,
legal proceedings, adoption, major medical and surgical
treatment and application for driver's license. Signature
authorizations made pursuant to the provisions of this
paragraph shall be filed with the Secretary of State and
the Secretary of State shall provide upon payment of the
customary fee, certified copies of the authorization to
any court or individual who requests a copy.
(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,

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(a) appropriate services aimed at family preservation
and family reunification have been unsuccessful in
rectifying the conditions that have led to a finding of
unfitness or inability to care for, protect, train, or
discipline the minor, or
(b) no family preservation or family reunification
services would be appropriate,
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.

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(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 him or her
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 him
or her 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

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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 his 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. 101-79, eff. 7-12-19.)
(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

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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 his or her 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 his or her
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

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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 him or her 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 his
or her 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

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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 his or her 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

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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 his or her attorney and the minor's
guardian ad litem, the Director of the Department of Children
and Family Services or the Director's his or her 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

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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. 90-608, eff. 6-30-98.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
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 him
into court and require the legal custodian, guardian, him or
the legal custodian's or guardian's his agency, to make a full
and accurate report of the his or its doings of the legal
custodian, guardian, or agency on in behalf of the minor. The

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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 his stead or restore the minor to the custody of
the minor's his 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

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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
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
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 35 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 file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, 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

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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
strengths and needs of the child continues to support the
determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate
environment, and that the placement is consistent with the
short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the
child to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the

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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

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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 his or
her 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

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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 date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts

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or reasonable progress and shall set a status hearing to
be held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided
that goals (A) through (D) have been deemed inappropriate
and not in the child's best interests. The court shall
confirm that the Department has discussed adoption, if
appropriate, and guardianship with the caregiver prior to
changing a goal to guardianship.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because the
minor he or she cannot be provided for in a home

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environment due to developmental disabilities or mental
illness or because the minor he or she is a danger to self
or others, provided that goals (A) through (D) have been
deemed inappropriate and not in the child's best
interests.
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
Section, the court may select the goal of continuing
foster care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has deemed all other permanency
goals inappropriate based on the child's best
interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:

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(a) the child does not wish to be adopted or to
be placed in the guardianship of the minor's his
or her relative or foster care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from the
minor's his or her placement would be detrimental
to the child; or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking
into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or
foster parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
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

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minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.
(6) Availability of services currently needed and
whether the services exist.
(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

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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 his or her 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

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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

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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

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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
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short-term short term
placement, and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (A) if so, whether the
services were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan
and goal, recognizing the right of minors to the least

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restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest, and special
needs of the minor and, if the minor is placed
out-of-state, whether the out-of-state placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(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 his
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
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any

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other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
When parental rights have been terminated for a
minimum of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The
Department of Children and Family Services shall assess
the appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
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 his or her 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

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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 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 the legal custodian's or guardian's his
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

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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 his or her health or
safety and fitness of the parent, guardian, or legal

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custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this
Act.
(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
8-23-22.)
(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

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petition under Section 2-13 of this Act is pending may, in the
manner required by the Adoption Act, (a) surrender the child
him or her for adoption to an agency legally authorized or
licensed to place children for adoption, (b) consent to the
child's his or her adoption, or (c) consent to the child's his
or her 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 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

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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 him or her, and frees the minor
from all obligations of maintenance and obedience to the
minor's 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.
(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

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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. 89-704, eff. 8-16-97 (changed from 1-1-98 by
P.A. 90-443); 90-28, eff. 1-1-98; 90-443, eff. 8-16-97;
90-608, eff. 6-30-98.)
(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
his or her 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,

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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

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87-14) automatically terminates when the minor 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. 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. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
(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

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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
court under Article II of this Act, the minor's parent or
parents surrendered the minor for adoption to an agency
legally authorized to place children for adoption, or the
minor's parent or parents consented to the minor's his or
her adoption, or the minor's parent or parents consented
to the minor's his or her adoption by a specified person or
persons, or the parent or parents' rights were terminated
pursuant to a finding of unfitness pursuant to Section
2-29 of this Act and a guardian was appointed with the
power to consent to adoption pursuant to Section 2-29 of
this Act; and
(b) (i) since the signing of the surrender, the
signing of the consent, or the unfitness finding, the
minor has remained a ward of the Court under Article II of
this Act; or
(ii) the minor was made a ward of the Court, the minor
was placed in the private guardianship of an individual or
individuals, and after the appointment of a private
guardian and a new petition alleging abuse, neglect, or
dependency pursuant to Section 2-3 or 2-4 is filed, and
the minor is again found by the court to be abused,
neglected or dependent; or a supplemental petition to
reinstate wardship is filed pursuant to Section 2-33, and

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the court reinstates wardship; or
(iii) the minor was made a ward of the Court, wardship
was terminated after the minor was adopted, after the
adoption a new petition alleging abuse, neglect, or
dependency pursuant to Section 2-3 or 2-4 is filed, and
the minor is again found by the court to be abused,
neglected, or dependent, and either (i) the adoptive
parent or parents are deceased, (ii) the adoptive parent
or parents signed a surrender of parental rights, or (iii)
the parental rights of the adoptive parent or parents were
terminated;
(c) the minor is not currently in a placement likely
to achieve permanency;
(d) it is in the minor's best interest that parental
rights be reinstated;
(e) the parent named in the motion wishes parental
rights to be reinstated and is currently appropriate to
have rights reinstated;
(f) more than 3 years have lapsed since the signing of
the consent or surrender, or the entry of the order
appointing a guardian with the power to consent to
adoption;
(g) (i) the child is 13 years of age or older or (ii)
the child is the younger sibling of such child, 13 years of
age or older, for whom reinstatement of parental rights is
being sought and the younger sibling independently meets

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the criteria set forth in paragraphs (a) through (h) of
this subsection; and
(h) if the court has previously denied a motion to
reinstate parental rights filed by the Department, there
has been a substantial change in circumstances following
the denial of the earlier motion.
(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

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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

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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. 98-477, eff. 8-16-13.)
(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 boys and girls
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. 96-1087, eff. 1-1-11.)
(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

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consent of parent, guardian or custodian, or (b) beyond the
control of the minor's 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 the minor's 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 the minor 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 the minor 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

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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 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.)
(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 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

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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 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.

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(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) (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

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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 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

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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 48 hours, excluding Saturdays, Sundays, and
court-designated holidays, when the agency has reported the
minor as neglected or abused because the parent, guardian, or
custodian refuses to permit the child to return home, provided
that in all other instances the minor may be sheltered when the
agency obtains the consent of the parent, guardian, or
custodian or documents its unsuccessful efforts to obtain the
consent or authority of the parent, guardian, or custodian,
including recording the date and the staff involved in all
telephone calls, telegrams, letters, and personal contacts to
obtain the consent or authority, in which instances the minor
may be so sheltered for not more than 21 days. If the parent,
guardian or custodian refuses to permit the minor to return
home, and no other living arrangement agreeable to the parent,
guardian, or custodian can be made, and the parent, guardian,
or custodian has not made any other appropriate living
arrangement for the child, the agency may deem the minor to be
neglected and report the neglect to the Department of Children

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and Family Services as provided in the Abused and Neglected
Child Reporting Act. The Child Protective Service Unit of the
Department of Children and Family Services shall begin an
investigation of the report within 24 hours after receiving
the report and shall determine whether to file a petition
alleging that the minor is neglected or abused as described in
Section 2-3 of this Act. Subject to appropriation, the
Department may take the minor into temporary protective
custody at any time after receiving the report, provided that
the Department shall take temporary protective custody within
48 hours of receiving the report if its investigation is not
completed. If the Department of Children and Family Services
determines that the minor is not a neglected minor because the
minor is an immediate physical danger to the minor himself,
herself, or others living in the home, then the Department
shall take immediate steps to either secure the minor's
immediate admission to a mental health facility, arrange for
law enforcement authorities to take temporary custody of the
minor as a delinquent minor, or take other appropriate action
to assume protective custody in order to safeguard the minor
or others living in the home from immediate physical danger.
(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.

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(Source: P.A. 95-443, eff. 1-1-08.)
(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 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 the minor's 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
the minor's 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) (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

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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 himself or others or that the circumstances of the
minor's his home environment may endanger the minor's 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. 96-1087, eff. 1-1-11; 97-333, eff. 8-12-11.)
(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

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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 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

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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

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monitoring by a juvenile police officer;
(h) release of the minor to the minor's 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 the
minor's 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.)
(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 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,

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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) (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 his or her being taken into custody. The
minor shall be immediately released to the custody of the
minor's 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) (from Ch. 37, par. 803-11)
Sec. 3-11. Setting of shelter care hearing; notice;
release.
(1) Unless sooner released, a minor requiring

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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 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, the probation officer or such other
public officer designated by the court 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) (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 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" 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

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of removal of the minor from the minor's 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 the minor 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 the minor's 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

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proper, including the provision of services to the minor or
the minor's 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 the minor's 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

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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

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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.

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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:

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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, the parent,
guardian, legal custodian, responsible relative, or counsel of
the minor 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

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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,

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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 the minor's his or her 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. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.)
(705 ILCS 405/3-14) (from Ch. 37, par. 803-14)

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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 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 the minor's 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

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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.)
(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

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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 his
parents; (d) the name and residence of the minor's 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 the minor 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. 96-1087, eff. 1-1-11.)

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(705 ILCS 405/3-16) (from Ch. 37, par. 803-16)
Sec. 3-16. Date for adjudicatory hearing.
(a) (Blank). 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,

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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

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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.

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(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.)
(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

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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 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 the person's 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

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person that the officer or person 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 the person's his appearance.
(Source: P.A. 86-441.)
(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.

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(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

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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 his
or her last known address of each respondent. The certificate
of the clerk that the clerk 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

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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.)
(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 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 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, 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

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paragraph (1) is an attorney at law, the guardian ad litem he
shall be represented in the performance of the guardian ad
litem's 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 the minor's 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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/3-21) (from Ch. 37, par. 803-21)

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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 his
parent, guardian, custodian, responsible relative, defense
attorney or the State's Attorney.
(2) If the minor, the minor's 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 the
minor's his home subject to such conditions concerning the
minor's his conduct and supervision as the court may require
by order.

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(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 placed in the guardianship or
custody of the Department of Children and Family Services

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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. 100-159, eff. 8-18-17.)
(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 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 the minor he be
made a ward of the court. To assist the court in making this

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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) (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 he be made a ward of the court, and, if the
minor 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

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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
his or her home before an order of disposition has been made.
(Source: P.A. 85-601.)
(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

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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 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 Minors
Act; or (e) subject to having the minor's his or her driver's
license or driving privilege suspended for such time as
determined by the Court but only until the minor 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

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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

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impose the fee on a minor who is placed in the guardianship or
custody of the Department of Children and Family Services
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. 100-159, eff. 8-18-17.)
(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
his parents, guardian or legal custodian, or continues the
minor 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.)
(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)

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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, the minor's 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

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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

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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 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

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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.)
(705 ILCS 405/3-27) (from Ch. 37, par. 803-27)

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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 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 the peace officer 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 the peace officer's 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.)
(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

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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 him from the custody of
the minor's his parents, guardian or custodian, the court may:
(a) place the minor him in the custody of a suitable
relative or other person;
(b) place the minor him under the guardianship of a
probation officer;
(c) commit the minor him to an agency for care or
placement, except an institution under the authority of
the Department of Juvenile Justice or of the Department of
Children and Family Services;
(d) commit the minor him to some licensed training
school or industrial school; or
(e) commit the minor him to any appropriate
institution having among its purposes the care of
delinquent children, including a child protective facility
maintained by a Child Protection District serving the
county from which commitment is made, but not including
any institution under the authority of the Department of
Juvenile Justice or of the Department of Children and

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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 the suitable relative or
other person as 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 the guardian 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 the minor him
in any child care facility, but such facility must be licensed

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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 "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 the legal custodian's or
guardian's 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

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3-32.
(Source: P.A. 98-83, eff. 7-15-13.)
(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 him into court and require the legal
custodian, guardian, him or the legal custodian's or
guardian's his agency, to make a full and accurate report of
the his or its doings of the legal custodian, guardian, or
agency on 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 the custodian's or guardian's
his stead or restore the minor to the custody of the minor's
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

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facts relative to the child's present condition of physical,
mental and emotional health as well as facts relative to the
child's 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 the minor's 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 the minor's 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 the legal custodian's or guardian's 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) (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 "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 the minor's his or
her parent or parents may, in the manner required by such Act,
surrender the minor 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 the Adoption Act "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 the person
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

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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 him or her, and
frees the minor from all obligations of maintenance and
obedience to the minor's 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 the Adoption Act "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.)

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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
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 the minor 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

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proceedings under this Act as finally closed and discharged
for that reason.
(Source: P.A. 87-14.)
(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 his or her 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

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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

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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 his or her 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
superintendent of schools for a student assistance team
staffing, a service plan, or referral to a comprehensive
community based youth service agency;
(2) required to comply with a service plan as
specifically provided by the appropriate regional
superintendent of schools;
(3) ordered to obtain counseling or other supportive

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services;
(4) (blank);
(5) required to perform some reasonable public service
work such as, but not limited to, the picking up of litter
in public parks or along public highways or the
maintenance of public facilities; or
(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.
(Source: P.A. 102-456, eff. 1-1-22.)
(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 boys and girls who are addicted as defined in Section
4-3.
(Source: P.A. 85-601.)
(705 ILCS 405/4-4) (from Ch. 37, par. 804-4)
Sec. 4-4. Taking into custody.

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(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 himself or others or that the circumstances of the
minor's his home environment may endanger the minor's 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) Minors taken into temporary custody under this Section
are subject to the provisions of Section 1-4.1.
(Source: P.A. 87-1154.)
(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

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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 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, 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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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 parents, and
referral to community services with informal monitoring by a
juvenile police officer;
(h) release of the minor to the minor's 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) 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 the court for the
reception of minors; and
(j) any other appropriate action with consent of the minor
and a parent.

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(Source: P.A. 85-601.)
(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 his or her 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 his or her home.
(Source: P.A. 85-601.)
(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

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surrounding the minor his or her being taken into custody. The
minor shall be immediately released to the custody of the
minor's 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 temporary custody is necessary, as provided in Section
4-6.
(Source: P.A. 85-601.)
(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 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, the probation officer or such other
public officer designated by the court he 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.

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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. 85-601.)
(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 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

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take custody and agrees to abide by a court order which
requires the minor and the minor's his or her 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 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 the minor 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 the minor's 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

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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 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

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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 his or her home, the court shall state in writing its
findings concerning the nature of the services that were
offered or the efforts that were made to prevent removal of the
child and the apparent reasons that such services or efforts
could not prevent the need for removal. The parents, guardian,
custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order together
with the court's findings of fact in support thereof shall be
entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, the
parent, guardian, legal custodian, responsible relative, or
counsel of the minor he or she may file an his or her affidavit

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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

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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
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

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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 his or her family.
(9) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 100-159, eff. 8-18-17; 100-201, eff. 8-18-17.)
(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 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 4-8.

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(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 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 the
family;
(b) up to 12 months informal supervision with a
probation officer involved;
(c) up to 6 months informal supervision with release
to a person other than a 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.

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(Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)
(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 his parents; (d) the name and residence of the
minor's 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 the minor he or

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she 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. 85-1209.)
(705 ILCS 405/4-13) (from Ch. 37, par. 804-13)
Sec. 4-13. Date for adjudicatory hearing.
(a) (Blank). Until January 1, 1988:
(1) 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. 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

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the point at which it was suspended. Where no such
adjudicatory hearing is held within 120 days the court may,
upon written motion of such 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 has 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 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. Delay occasioned by the respondent
shall temporarily suspend, for the time of the delay, the
period within which a respondent must be brought to an
adjudicatory hearing pursuant to this Section.
Any failure to comply with the time limits of this
subsection must require the immediate release of the minor and
the time limits of subsection (a) (1) shall apply.
(3) Nothing in this Section prevents the minor's exercise

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of his or her right to waive the time limits set forth in this
Section.
(b) Beginning January 1, 1988: (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.

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(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. 85-601.)
(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

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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 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
that the officer or other person making service shall also

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send a copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the person summoned at the
person's 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 the officer or person 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 the person's his appearance.
(Source: P.A. 86-441.)

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(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

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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

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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 his or her last known address. The certificate of
the clerk that the clerk 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.
(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. 91-357, eff. 7-29-99.)
(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:

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(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 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, 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.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law the guardian ad litem he
shall be represented in the performance of the guardian ad
litem's his 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 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.
(3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest

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between the minor and the minor's his 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 he 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 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. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(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 his parent, guardian, custodian,
responsible relative, defense attorney or the State's
Attorney.
(2) If the minor, the minor's his parent, guardian,

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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 is continued pursuant to this Section,
the court may permit the minor to remain in the minor's his
home subject to such conditions concerning the minor's 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

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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 IV, 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 placed in the guardianship or
custody of the Department of Children and Family Services
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. 100-159, eff. 8-18-17.)
(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 he be made a ward of the court, and, if the
minor he is to be made a ward of the court, the court shall

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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,

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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
his or her home before an order of disposition has been made.
(Source: P.A. 85-601.)
(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 his or her 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 his or her driver's license or driving
privilege suspended for such time as determined by the Court

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but only until the minor he or she 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 his or her 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 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

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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 IV, 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 placed in the guardianship or
custody of the Department of Children and Family Services
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. 100-159, eff. 8-18-17.)
(705 ILCS 405/4-22) (from Ch. 37, par. 804-22)

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Sec. 4-22. Protective supervision. If the order of
disposition releases the minor to the custody of the minor's
his parents, guardian or legal custodian, or continues the
minor 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 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. 85-601.)
(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
periods;
(c) To abstain from offensive conduct against the
minor, the minor's his parent or any person to whom
custody of the minor is awarded;

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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 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 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

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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 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

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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

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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.)
(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 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

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terms and requirements. The presentation of the certificate to
any peace officer authorizes the peace officer 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 the peace officer's 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.)
(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 him from the custody of the minor's
his parents, guardian or custodian, the court may:
(a) place the minor him in the custody of a suitable
relative or other person;
(b) place the minor him under the guardianship of a
probation officer;

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(c) commit the minor 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 the minor him to some licensed training
school or industrial school; or
(e) commit the minor 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 the suitable relative or

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other person 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
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 him 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 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. 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

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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 his 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. 89-422.)
(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 him into court and require the legal
custodian or guardian him or the legal custodian's or
guardian's his agency, to make a full and accurate report of
the his or its doings of the legal custodian, guardian, or
agency on 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

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hearing of the report the court may remove the custodian or
guardian and appoint another in the legal custodian's or
guardian's his stead or restore the minor to the custody of the
minor's 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 the
child's 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 the minor's his

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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 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 the legal
custodian's or guardian's his consent until given notice and
an opportunity to be heard by the court.
(Source: P.A. 85-601.)
(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 "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 the
minor's his or her parent or parents may, in the manner
required by such Act, surrender the minor 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

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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 "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 the person
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 the minor him or her, and
frees the minor from all obligations of maintenance and
obedience to the minor's 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 the Adoption Act "An

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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 405/4-29) (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
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

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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 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.)
(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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accountable for the juvenile's his or her acts.
(c) To provide an individualized assessment of each
alleged and adjudicated delinquent juvenile, in order to
rehabilitate and to prevent further delinquent behavior
through the development of competency in the juvenile
offender. As used in this Section, "competency" means the
development of educational, vocational, social, emotional
and basic life skills which enable a minor to mature into a
productive member of society.
(d) To provide due process, as required by the
Constitutions of the United States and the State of
Illinois, through which each juvenile offender and all
other interested parties are assured fair hearings at
which legal rights are recognized and enforced.
(2) To accomplish these goals, juvenile justice policies
developed pursuant to this Article shall be designed to:
(a) Promote the development and implementation of
community-based programs designed to prevent unlawful and
delinquent behavior and to effectively minimize the depth
and duration of the minor's involvement in the juvenile
justice system;
(b) Provide secure confinement for minors who present
a danger to the community and make those minors understand
that sanctions for serious crimes, particularly violent
felonies, should be commensurate with the seriousness of
the offense and merit strong punishment;

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(c) Protect the community from crimes committed by
minors;
(d) Provide programs and services that are
community-based and that are in close proximity to the
minor's home;
(e) Allow minors to reside within their homes whenever
possible and appropriate and provide support necessary to
make this possible;
(f) Base probation treatment planning upon individual
case management plans;
(g) Include the minor's family in the case management
plan;
(h) Provide supervision and service coordination where
appropriate; implement and monitor the case management
plan in order to discourage recidivism;
(i) Provide post-release services to minors who are
returned to their families and communities after
detention;
(j) Hold minors accountable for their unlawful
behavior and not allow minors to think that their
delinquent acts have no consequence for themselves and
others.
(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

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the right to a jury trial unless specifically provided by this
Article.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to
accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the

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authorized diversion program that has referred the
delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to
the minor's his or her 18th birthday has violated or
attempted to violate, regardless of where the act
occurred, any federal, State, county or municipal law or
ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor
who is alleged to be or has been adjudicated delinquent
and who requires secure custody for the minor's own
protection or the community's protection in a facility
designed to physically restrict the minor's movements,
pending disposition by the court or execution of an order
of the court for placement or commitment. Design features
that physically restrict movement include, but are not
limited to, locked rooms and the secure handcuffing of a
minor to a rail or other stationary object. In addition,
"detention" includes the court ordered care of an alleged
or adjudicated delinquent minor who requires secure
custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a

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productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards adopted by the Department of
Juvenile Justice.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,
whether offered or delivered by State or local
governmental entities, public or private for-profit or
not-for-profit organizations, or religious or charitable
organizations. This term would also encompass any program
or service consistent with the purpose of those programs
and services enumerated in this subsection.

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(9) "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 his or her 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.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability
of the offender, environmental quality or the social
welfare and which agrees to accept public or community
service from offenders and to report on the progress of
the offender and the public or community service to the

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court or to the authorized diversion program that has
referred the offender for public or community service.
"Public or community service" does not include blood
donation or assignment to labor at a blood bank. For the
purposes of this Act, "blood bank" has the meaning
ascribed to the term in Section 2-124 of the Illinois
Clinical Laboratory and Blood Bank Act.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from
offenders and to report on the progress of ordered or
required public or community service to the court or to
the authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police

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officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is
the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court
Act of 1987.
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.)
(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 his or her
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 his or her actions.
(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 his or her 18th birthday has
violated or attempted to violate, regardless of where the act
occurred, any federal, 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 this amendatory Act of
the 98th General Assembly apply to violations or attempted
violations committed on or after the effective date of this
amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14.)
(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

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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 his or her 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

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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
his or her 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

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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 his or her 18th birthday even though the minor he
or she 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 his or her 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.

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(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 the
minor;
(c) Any previous abuse or neglect history of the
minor;
(d) Any mental health or educational history of the
minor, or both; and
(e) Whether there is probable cause to support the
charge, whether the minor is charged through
accountability, and whether there is evidence the minor

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possessed a deadly weapon or caused serious bodily harm
during the offense.
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. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
99-258, eff. 1-1-16.)
(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.

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(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 chairman 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 a
serious habitual juvenile offender; and
(2) a written interagency information sharing
agreement to be signed by the chief executive officer of
each of the agencies represented on the committee. The
interagency information sharing agreement shall include a
provision that requires that all records pertaining to a
serious habitual offender (SHO) shall be confidential.
Disclosure of information may be made to other staff from

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member agencies as authorized by the SHOCAP committee for
the furtherance of case management and tracking of the
SHO. Staff from the member agencies who receive this
information shall be governed by the confidentiality
provisions of this Act. The staff from the member agencies
who will qualify to have access to the SHOCAP information
must be limited to those individuals who provide direct
services to the SHO or who provide supervision of the SHO.
(d) The Chief Juvenile Circuit Judge, or the Chief Circuit
Judge, or the his or her 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

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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. 90-590, eff. 1-1-99.)
(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
concerning the same minor; or
(b) in criminal proceedings when the court is to
determine the conditions of pretrial release, fitness of
the defendant or in sentencing under the Unified Code of
Corrections; or
(c) in proceedings under this Act or in criminal
proceedings in which anyone who has been adjudicated
delinquent under Section 5-105 is to be a witness
including the minor or defendant if the minor or defendant
he or she testifies, and then only for purposes of

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impeachment and pursuant to the rules of evidence for
criminal trials; or
(d) in civil proceedings concerning causes of action
arising out of the incident or incidents which initially
gave rise to the proceedings under this Act.
(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. 101-652, eff. 1-1-23.)
(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

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of by the juvenile court whether the weapon is the property of
the minor or the minor's his or her 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. 97-1150, eff. 1-25-13.)
(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 his
or her 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
wilful, 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

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official, volunteer, or employee.
(Source: P.A. 91-820, eff. 6-13-00; 92-16, eff. 6-28-01.)
(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 his or her defense.
(Source: P.A. 99-882, eff. 1-1-17.)
(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.

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(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the
alleged offense.
(E) Whether the offense was committed in an aggressive
or premeditated manner.
(F) Whether the minor used or possessed a deadly
weapon when committing the alleged offenses.
(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe that the minor has
committed an offense.
(b) A minor shall receive no more than 3 informal
station adjustments statewide for a misdemeanor offense
within 3 years without prior approval from the State's
Attorney's Office.
(c) A minor shall receive no more than 3 informal
station adjustments statewide for a felony offense within
3 years without prior approval from the State's Attorney's
Office.
(d) A minor shall receive a combined total of no more
than 5 informal station adjustments statewide during the
person's his or her minority.
(e) The juvenile police officer may make reasonable
conditions of an informal station adjustment which may

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include but are not limited to:
(i) Curfew.
(ii) Conditions restricting entry into designated
geographical areas.
(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community service
work.
(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
conditions of an informal station adjustment, the juvenile
police officer may impose a formal station adjustment or
refer the matter to the State's Attorney's Office.
(g) An informal station adjustment does not constitute
an adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained
with the Illinois State Police for informal station
adjustments for offenses that would be a felony if
committed by an adult, and may be maintained if the
offense would be a misdemeanor.
(2) Formal station adjustment.
(a) A formal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe the minor has committed

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an offense and an admission by the minor of involvement in
the offense.
(b) The minor and parent, guardian, or legal custodian
must agree in writing to the formal station adjustment and
must be advised of the consequences of violation of any
term of the agreement.
(c) The minor and parent, guardian or legal custodian
shall be provided a copy of the signed agreement of the
formal station adjustment. The agreement shall include:
(i) The offense which formed the basis of the
formal station adjustment.
(ii) An acknowledgment that the terms of the
formal station adjustment and the consequences for
violation have been explained.
(iii) An acknowledgment that the formal station
adjustments record may be expunged under Section 5-915
of this Act.
(iv) An acknowledgment that the minor understands
that the minor's his or her admission of involvement
in the offense may be admitted into evidence in future
court hearings.
(v) A statement that all parties understand the
terms and conditions of formal station adjustment and
agree to the formal station adjustment process.
(d) Conditions of the formal station adjustment may
include, but are not limited to:

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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
minor to comply with additional conditions for the
formal station adjustment which may include but are
not limited to:
(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or
other weapon.
(e) Reporting to a police officer at
designated times and places, including reporting
and verification that the minor is at home at
designated hours.
(f) Performing up to 25 hours of community
service work.
(g) Refraining from entering designated
geographical areas.
(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified
persons.
(e) A formal station adjustment does not constitute an
adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained

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with the Illinois State Police for formal station
adjustments.
(f) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,
guardian, or legal custodian, may refuse a formal station
adjustment and have the matter referred for court action
or other appropriate action.
(g) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,
guardian, or legal custodian, may within 30 days of the
commencement of the formal station adjustment revoke their
consent and have the matter referred for court action or
other appropriate action. This revocation must be in
writing and personally served upon the police officer or
the police officer's his or her supervisor.
(h) The admission of the minor as to involvement in
the offense shall be admissible at further court hearings
as long as the statement would be admissible under the
rules of evidence.
(i) If the minor violates any term or condition of the
formal station adjustment the juvenile police officer
shall provide written notice of violation to the minor and
the minor's parent, guardian, or legal custodian. After
consultation with the minor and the minor's parent,
guardian, or legal custodian, the juvenile police officer
may take any of the following steps upon violation:

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(i) Warn the minor of consequences of continued
violations and continue the formal station adjustment.
(ii) Extend the period of the formal station
adjustment up to a total of 180 days.
(iii) Extend the hours of community service work
up to a total of 40 hours.
(iv) Terminate the formal station adjustment
unsatisfactorily and take no other action.
(v) Terminate the formal station adjustment
unsatisfactorily and refer the matter to the juvenile
court.
(j) A minor shall receive no more than 2 formal
station adjustments statewide for a felony offense without
the State's Attorney's approval within a 3 year period.
(k) A minor shall receive no more than 3 formal
station adjustments statewide for a misdemeanor offense
without the State's Attorney's approval within a 3 year
period.
(l) The total for formal station adjustments statewide
within the period of minority may not exceed 4 without the
State's Attorney's approval.
(m) If the minor is arrested in a jurisdiction where
the minor does not reside, the formal station adjustment
may be transferred to the jurisdiction where the minor
does reside upon written agreement of that jurisdiction to
monitor the formal station adjustment.

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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.)
(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 his or her 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 he or she will demand a
judicial hearing and will not comply with a probation
adjustment.

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(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 his or her 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
family;
(b) up to 12 months informal supervision with a
probation officer involved which may include any
conditions of probation provided in Section 5-715;
(c) up to 6 months informal supervision with release
to a person other than a parent;
(d) referral to special educational, counseling, or

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other rehabilitative social or educational programs;
(e) referral to residential treatment programs;
(f) participation in a public or community service
program or activity; and
(g) any other appropriate action with the consent of
the minor and a parent.
(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.)
(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

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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 his or
her actions and the effect that a crime has on the minor, the
minor's his or her family, the minor's his or her victim and
the minor's his or her 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 his or her 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
more community mediation panels to informally hear cases
that are referred by a police officer as a station
adjustment, or a probation officer as a probation
adjustment, or referred by the State's Attorney as a

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diversion from prosecution.
(b) Minors who are offered the opportunity to
participate in the program must admit responsibility for
the offense to be eligible for the program.
(4) Disposition of cases. Subsequent to any hearing held,
the community mediation panel may:
(a) Refer the minor for placement in a community-based
nonresidential program.
(b) Refer the minor or the minor's family to community
counseling.
(c) Require the minor to perform up to 100 hours of
community service.
(d) Require the minor to make restitution in money or
in kind in a case involving property damage; however, the
amount of restitution shall not exceed the amount of
actual damage to property.
(e) Require the minor and the minor's his or her
parent, guardian, or legal custodian to undergo an
approved screening for substance abuse or use, or both. If
the screening indicates a need, a drug and alcohol
assessment of the minor and the minor's his or her parent,
guardian, or legal custodian shall be conducted by an
entity licensed by the Department of Human Services, as a
successor to the Department of Alcoholism and Substance
Abuse. The minor and the minor's his or her parent,
guardian, or legal custodian shall adhere to and complete

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all recommendations to obtain drug and alcohol treatment
and counseling resulting from the assessment.
(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that
are designed to encourage responsible and acceptable
behavior and are agreed upon by the participants of the
community mediation proceedings.
(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
divulge, either by words or signs, any information
about the case which comes to my knowledge in the
course of a community mediation presentation and that
I will keep secret all proceedings which may be held in
my presence.
Further, I understand that if I break
confidentiality by telling anyone else the names of
community mediation participants, except for
information pertaining to the community mediation
panelists themselves, or any other specific details of
the case which may identify that juvenile, I will no
longer be able to serve as a community mediation panel
member or observer."

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(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 90-590, eff. 1-1-99.)
(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
cause believes to be a delinquent minor; or
(b) take into custody a minor who has been adjudged a
ward of the court and has escaped from any commitment
ordered by the court under this Act; or
(c) take into custody a minor whom the officer
reasonably believes has violated the conditions of
probation or supervision ordered by the court.
(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 his or
her home environment may endanger the minor's his or her
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,

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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. 101-27, eff. 6-25-19.)
(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 himself or
herself 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

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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
and without stopping for purposes of a response from the
minor or verifying comprehension, the following statement:
"You have the right to remain silent. That means you do not
have to say anything. Anything you do say can be used
against you in court. You have the right to get help from a
lawyer. If you cannot pay for a lawyer, the court will get
you one for free. You can ask for a lawyer at any time. You
have the right to stop this interview at any time."; and
(2) after reading the statement required by paragraph
(1) of this subsection (a-5), the public official or
employee shall ask the minor the following questions and
wait for the minor's response to each question:
(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

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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
interrogation; and
(2) the recording is substantially accurate and not
intentionally altered.
(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

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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

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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

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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. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
eff. 7-16-14; 99-882, eff. 1-1-17.)
(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

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would consider the subject himself or herself 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.
"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.
(b) An oral, written, or sign language confession of a
minor, who at the time of the commission of the offense was
under 18 years of age, 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 102nd General Assembly shall be presumed to be
inadmissible as evidence against the minor 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.

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(c) The presumption of inadmissibility of a confession of
a minor, who at the time of the commission of the offense was
under 18 years of age, 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.)
(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 he or she 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

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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 his or her
parents and refer the case to Juvenile Court;
(c) 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

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or to the place designated by rule or order of court for
the reception of minors;
(d) any other appropriate action with consent of the
minor or a parent.
(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 family's
present situation;
(d) the educational and employment status of the
minor;
(e) the availability of special resource or community
services to aid or counsel the minor;
(f) the minor's past involvement with and progress in
social programs;
(g) the attitude of complainant and community toward
the minor; and
(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. 90-590, eff. 1-1-99.)

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(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 he or she 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 his or her 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

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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 himself, herself, 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 himself, herself, or others, the court
shall issue an order restraining the student from entering the
property of the school if the student he or she 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

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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 himself, herself, 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. 99-258, eff. 1-1-16.)
(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 his or her
home but who does not require physical restriction shall be
given temporary care in a foster family home or other shelter

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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)

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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) he or she shall consult with the State's

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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
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun
once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or

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remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length
of time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall 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 criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal history of
the person;
(C) any previous abuse or neglect history of the

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person; and
(D) any mental health or educational history of
the person, or both.
(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.

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(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.

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(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 his or her 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. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
(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 he or she
shall be further held in custody. If a minor alleged to be a

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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 he or she 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.

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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

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or of the person or property of another, or that the minor he
or she 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. 97-1150, eff. 1-25-13.)
(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

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minor's his or her 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 he or she
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

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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 his or her 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

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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

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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

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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
necessity that the minor remain in detention or 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

HB1596 Engrossed - 587 - LRB103 25063 WGH 51398 b
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 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 his or her 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 himself or others or
that the circumstances of the minor's his or her home
environment may endanger the minor's his or her health,
person, welfare, or property.
(Source: P.A. 102-654, eff. 1-1-23; 102-813, eff. 5-13-22.)
(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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jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(d) reside with the minor's his or her parents or in a
foster home;
(e) attend school;
(f) attend a non-residential program for youth;
(g) comply with curfew requirements as designated by
the court;
(h) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, advance approval by the court, and any other terms
the court may deem appropriate;
(i) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(j) comply with any other conditions as may be ordered
by the court.
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

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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. 90-590, eff. 1-1-99.)
(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".

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(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 his parents; (d) the name and residence of the minor's
his or her 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. 90-590, eff. 1-1-99.)

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(705 ILCS 405/5-525)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
prosecution, 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 parent, guardian or legal
custodian and to each person named as a respondent in the
petition, except that summons need not be directed (i) 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, or (ii) to a parent who does not reside with the
minor, does not make regular child support payments to the
minor, to the minor's other parent, or to the minor's
legal guardian or custodian pursuant to a support order,
and has not communicated with the minor on a regular
basis.
(b) The summons must contain a statement that the
minor 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 desires to be
represented by an attorney but is financially unable to
employ counsel.
(c) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of

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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.
(d) The summons may be served by any law enforcement
officer, 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
of service.
(e) Service of a summons and petition shall be made
by: (i) leaving a copy of the summons and petition with the
person summoned at least 3 days before the time stated in
the summons for appearance; (ii) leaving a copy at the
summoned person's his or her 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 of the
summons and petition, 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 his or
her usual place of abode, at least 3 days before the time
stated in the summons for appearance; or (iii) leaving a
copy of the summons and petition with the guardian or
custodian of a minor, at least 3 days before the time
stated in the summons for appearance. If the guardian or
legal custodian is an agency of the State of Illinois,
proper service may be made by leaving a copy of the summons

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and petition with any administrative employee of the
agency designated by the agency to accept the service of
summons and petitions. The certificate of the officer or
affidavit of the person that the officer or person he or
she has sent the copy pursuant to this Section is
sufficient proof of service.
(f) 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.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
subsection (1) 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 that 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 the mailing. The regular return receipt
for certified mail is sufficient proof of service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent

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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. Service 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 service by
publication is given or unless that person appears.
Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a
trial or a plea of delinquency by the minor. When a minor
has been detained or sheltered under Section 5-501 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 detention or shelter care, the clerk
of the court shall cause publication. Service 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):

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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.
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)"
(c) The clerk shall also at the time of the
publication of the notice send a copy of the notice by mail
to each of the respondents on account of whom publication
is made at each respondent's his or her last known
address. The certificate of the clerk that the clerk he or
she has mailed the notice is evidence of that mailing. No
other publication notice is required. Every respondent
notified by publication under this Section must appear and

HB1596 Engrossed - 596 - LRB103 25063 WGH 51398 b
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 of a minor alleged to be delinquent.
(d) If it becomes necessary to change the date set for
the hearing in order to comply 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.
(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 his or
her appearance.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
(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

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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
personally;
(2) by leaving them in the office of the attorney with
the attorney's his or her clerk, or with a person in charge
of the office; or if a party is not represented by counsel,
by leaving them at the party's his or her residence with a
family member of the age of 10 years or upwards;
(3) by depositing them in the United States post
office or post-office box enclosed in an envelope, plainly
addressed to the attorney at the attorney's his or her
business address, or to the party at the party's his or her
business address or residence, with postage fully
pre-paid; or
(4) by transmitting them via facsimile machine to the
office of the attorney or party, who has consented to
receiving service by facsimile transmission. Briefs filed

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in reviewing courts shall be served in accordance with
Supreme Court Rule.
(i) A party or attorney electing to serve pleading
by facsimile must include on the certificate of
service transmitted the telephone number of the
sender's facsimile transmitting device. Use of service
by facsimile shall be deemed consent by that party or
attorney to receive service by facsimile transmission.
Any party may rescind consent of service by facsimile
transmission in a case by filing with the court and
serving a notice on all parties or their attorneys who
have filed appearances that facsimile service will not
be accepted. A party or attorney who has rescinded
consent to service by facsimile transmission in a case
may not serve another party or attorney by facsimile
transmission in that case.
(ii) Each page of notices and documents
transmitted by facsimile pursuant to this rule should
bear the circuit court number, the title of the
document, and the page number.
(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 he or she is entitled to only one copy of
any paper served upon the attorney him or her by the opposite

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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 acknowledgement signed
by the person served;
(ii) in case of service by personal delivery, by
certificate of the attorney, or affidavit of a person,
other than an attorney, who made delivery;
(iii) in case of service by mail, by certificate of
the attorney, or affidavit of a person other than the
attorney, who deposited the paper in the mail, stating the
time and place of mailing, the complete address which
appeared on the envelope, and the fact that proper postage
was pre-paid; or
(iv) in case of service by facsimile transmission, by
certificate of the attorney or affidavit of a person other
than the attorney, who transmitted the paper via facsimile
machine, stating the time and place of transmission, the
telephone number to which the transmission was sent and
the number of pages transmitted.
(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

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day following transmission.
(Source: P.A. 99-642, eff. 7-28-16.)
(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 him or her in the same
county and simultaneously demands a trial upon more than one
delinquency petition pending against the minor him or her in
the same county, the minor he or she 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

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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

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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

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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 subsections (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

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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. 94-556, eff. 9-11-05.)
(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 his or her 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
accepted when the court has informed the minor of the
consequences of the minor's his or her plea and of the
maximum penalty provided by law which may be imposed upon
acceptance of the plea. Upon acceptance of a plea of
guilty, the court shall determine the factual basis of a
plea.
(b) Before or during trial, a plea of guilty but
mentally ill may be accepted by the court when:
(i) the minor has undergone an examination by a

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clinical psychologist or psychiatrist and has waived
the minor's his or her right to trial; and
(ii) the judge has examined the psychiatric or
psychological report or reports; and
(iii) the judge has held a hearing, at which
either party may present evidence, on the issue of the
minor's mental health and, at the conclusion of the
hearing, is satisfied that there is a factual basis
that the minor was mentally ill at the time of the
offense to which the plea is entered.
(3) Trial by the court.
(a) A trial shall be conducted in the presence of the
minor unless the minor he or she waives the right to be
present. At the trial, the court shall consider the
question whether the minor is delinquent. The standard of
proof and the rules of evidence in the nature of criminal
proceedings in this State are applicable to that
consideration.
(b) Upon conclusion of the trial the court shall enter
a general finding, except that, when the affirmative
defense of insanity has been presented during the trial
and acquittal is based solely upon the defense of
insanity, the court shall enter a finding of not guilty by
reason of insanity. In the event of a finding of not guilty
by reason of insanity, a hearing shall be held pursuant to
the Mental Health and Developmental Disabilities Code to

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determine whether the minor is subject to involuntary
admission.
(c) When the minor has asserted a defense of insanity,
the court may find the minor guilty but mentally ill if,
after hearing all of the evidence, the court finds that:
(i) the State has proven beyond a reasonable doubt
that the minor is guilty of the offense charged; and
(ii) the minor has failed to prove the minor's his
or her insanity as required in subsection (b) of
Section 3-2 of the Criminal Code of 2012, and
subsections (a), (b) and (e) of Section 6-2 of the
Criminal Code of 2012; and
(iii) the minor has proven by a preponderance of
the evidence that the minor he was mentally ill, as
defined in subsections (c) and (d) of Section 6-2 of
the Criminal Code of 2012 at the time of the offense.
(4) Trial by court and jury.
(a) Questions of law shall be decided by the court and
questions of fact by the jury.
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with a
list of prospective jurors with their addresses if known.
(d) Each party may challenge jurors for cause. If a
prospective juror has a physical impairment, the court
shall consider the prospective juror's ability to perceive
and appreciate the evidence when considering a challenge

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for cause.
(e) A minor tried alone shall be allowed 7 peremptory
challenges; except that, in a single trial of more than
one minor, each minor shall be allowed 5 peremptory
challenges. If several charges against a minor or minors
are consolidated for trial, each minor shall be allowed
peremptory challenges upon one charge only, which single
charge shall be the charge against that minor authorizing
the greatest maximum penalty. The State shall be allowed
the same number of peremptory challenges as all of the
minors.
(f) After examination by the court, the jurors may be
examined, passed upon, accepted and tendered by opposing
counsel as provided by Supreme Court Rules.
(g) After the jury is impaneled and sworn, the court
may direct the selection of 2 alternate jurors who shall
take the same oath as the regular jurors. Each party shall
have one additional peremptory challenge for each
alternate juror. If before the final submission of a cause
a member of the jury dies or is discharged, the member he
or she shall be replaced by an alternate juror in the order
of selection.
(h) A trial by the court and jury shall be conducted in
the presence of the minor unless the minor he or she waives
the right to be present.
(i) After arguments of counsel the court shall

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instruct the jury as to the law.
(j) Unless the affirmative defense of insanity has
been presented during the trial, the jury shall return a
general verdict as to each offense charged. When the
affirmative defense of insanity has been presented during
the trial, the court shall provide the jury not only with
general verdict forms but also with a special verdict form
of not guilty by reason of insanity, as to each offense
charged, and in the event the court shall separately
instruct the jury that a special verdict of not guilty by
reason of insanity may be returned instead of a general
verdict but the special verdict requires a unanimous
finding by the jury that the minor committed the acts
charged but at the time of the commission of those acts the
minor was insane. In the event of a verdict of not guilty
by reason of insanity, a hearing shall be held pursuant to
the Mental Health and Developmental Disabilities Code to
determine whether the minor is subject to involuntary
admission. When the affirmative defense of insanity has
been presented during the trial, the court, where
warranted by the evidence, shall also provide the jury
with a special verdict form of guilty but mentally ill, as
to each offense charged and shall separately instruct the
jury that a special verdict of guilty but mentally ill may
be returned instead of a general verdict, but that the
special verdict requires a unanimous finding by the jury

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that: (i) the State has proven beyond a reasonable doubt
that the minor is guilty of the offense charged; and (ii)
the minor has failed to prove the minor's his or her
insanity as required in subsection (b) of Section 3-2 of
the Criminal Code of 2012 and subsections (a), (b) and (e)
of Section 6-2 of the Criminal Code of 2012; and (iii) the
minor has proven by a preponderance of the evidence that
the minor he or she was mentally ill, as defined in
subsections (c) and (d) of Section 6-2 of the Criminal
Code of 2012 at the time of the offense.
(k) When, at the close of the State's evidence or at
the close of all of the evidence, the evidence is
insufficient to support a finding or verdict of guilty the
court may and on motion of the minor shall make a finding
or direct the jury to return a verdict of not guilty, enter
a judgment of acquittal and discharge the minor.
(l) When the jury retires to consider its verdict, an
officer of the court shall be appointed to keep them
together and to prevent conversation between the jurors
and others; however, if any juror is deaf, the jury may be
accompanied by and may communicate with a court-appointed
interpreter during its deliberations. Upon agreement
between the State and minor or the minor's his or her
counsel, and the parties waive polling of the jury, the
jury may seal and deliver its verdict to the clerk of the
court, separate, and then return the verdict in open court

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at its next session.
(m) In a trial, any juror who is a member of a panel or
jury which has been impaneled and sworn as a panel or as a
jury shall be permitted to separate from other jurors
during every period of adjournment to a later day, until
final submission of the cause to the jury for
determination, except that no such separation shall be
permitted in any trial after the court, upon motion by the
minor or the State or upon its own motion, finds a
probability that prejudice to the minor or to the State
will result from the separation.
(n) The members of the jury shall be entitled to take
notes during the trial, and the sheriff of the county in
which the jury is sitting shall provide them with writing
materials for this purpose. The notes shall remain
confidential, and shall be destroyed by the sheriff after
the verdict has been returned or a mistrial declared.
(o) A minor tried by the court and jury shall only be
found guilty, guilty but mentally ill, not guilty or not
guilty by reason of insanity, upon the unanimous verdict
of the jury.
(Source: P.A. 97-1150, eff. 1-25-13.)
(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

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whenever it finds that there may be a conflict of interest
between the minor and the minor's his or her 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 he or she 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 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.
(4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that the minor he or she 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

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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. 100-158, eff. 1-1-18.)
(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
appropriate respondent or minor respondent of the facts
supporting the petition and before the court makes a
finding of delinquency, and in the absence of objection
made in open court by the minor, the minor's his or her
parent, guardian, or legal custodian, the minor's attorney
or the State's Attorney; or
(b) upon a finding of delinquency and after
considering the circumstances of the offense and the
history, character, and condition of the minor, if the
court is of the opinion that:
(i) the minor is not likely to commit further

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crimes;
(ii) the minor and the public would be best served
if the minor were not to receive a criminal record; and
(iii) in the best interests of justice an order of
continuance under supervision is more appropriate than
a sentence otherwise permitted under this Act.
(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
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;

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(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by the
Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of substance use disorder services as defined in
Section 1-10 of the Substance Use Disorder Act;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support the minor's his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit the minor
him or her at the minor's his or her home or elsewhere;
(j) reside with the minor's his or her parents or in a
foster home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if the minor he or she committed a crime of violence as
defined in Section 2 of the Crime Victims Compensation Act
in a school, on the real property comprising a school, or

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within 1,000 feet of the real property comprising a
school;
(l) attend a non-residential program for youth;
(m) contribute to the minor's his or her own support
at home or in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection
(4) of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by
the court;
(q) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from the minor's his or her body;

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(s) refrain from having in the minor's his or her body
the presence of any illicit drug prohibited by the
Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community
Protection Act, unless prescribed by a physician, and
submit samples of the minor's his or her blood or urine or
both for tests to determine the presence of any illicit
drug; or
(t) comply with any other conditions as may be ordered
by the court.
(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

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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.
(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

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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

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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.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $50
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act while the minor is
in placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(11) (Blank).
(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19;
101-2, eff. 7-1-19.)
(705 ILCS 405/5-620)

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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 he or she 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. 90-590, eff. 1-1-99.)
(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

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willfully absent absents himself 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 his or her
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.

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(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 his or her right to be present at all
remaining proceedings.
(5) When a minor who in the minor's his or her absence has
been either found guilty or sentenced or both found guilty and
sentenced appears before the court, the minor he or she must be
granted a new trial or a new sentencing hearing if the minor
can establish that the minor's his or her failure to appear in
court was both without the minor's his or her fault and due to
circumstances beyond the minor's his or her 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 his or her 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

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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. 90-590, eff. 1-1-99.)
(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 he
or she be made a ward of the court, and, if the minor he or she
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

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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

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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
his or her 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 his
or her home before a sentencing order has been made.

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(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, qualified
examiner, or the his or her employer of the physician,
clinical psychologist, 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.

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(Source: P.A. 100-961, eff. 1-1-19; 101-238, eff. 1-1-20.)
(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
5-815, a minor who is found guilty under Section 5-620 may
be:
(i) put on probation or conditional discharge and
released to the minor's his or her parents, guardian
or legal custodian, provided, however, that any such
minor who is not committed to the Department of
Juvenile Justice under this subsection and who is
found to be a delinquent for an offense which is first
degree murder, a Class X felony, or a forcible felony
shall be placed on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) and before January 1, 2017,
placed in the guardianship of the Department of

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Children and Family Services, but only if the
delinquent minor is under 16 years of age or, pursuant
to Article II of this Act, a minor under the age of 18
for whom an independent basis of abuse, neglect, or
dependency exists. On and after January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, 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;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a
juvenile detention home and the minor so detained
shall be 10 years of age or older. However, the 30-day
limitation may be extended by further order of the
court for a minor under age 15 committed to the
Department of Children and Family Services if the
court finds that the minor is a danger to the minor

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himself or others. The minor shall be given credit on
the sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720
of this Article as a result of the offense for which
the sentencing order was imposed. The court may grant
credit on a sentencing order of detention entered
under a violation of probation or violation of
conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing
of the petition alleging the violation. A minor shall
not be deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related act
or acts. The limitation that the minor shall only be
placed in a juvenile detention home does not apply as
follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;

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(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having the minor's his or her
driver's license or driving privileges suspended for
such time as determined by the court but only until the
minor he or she attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer
than upon attainment of age 21; this subdivision
(viii) notwithstanding any contrary provision of the
law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from the minor's his or her body;
or
(x) placed in electronic monitoring or home

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detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits
the minor is entitled to under Section 5-4.5-100 of the
Unified Code of Corrections. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall also be
considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of
the court, the court may enter a disposition order
requiring the minor to undergo assessment, counseling or
treatment in a substance use disorder treatment program
approved by the Department of Human Services.
(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

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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

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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),

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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.
(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

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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

HB1596 Engrossed - 636 - LRB103 25063 WGH 51398 b
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 and may be taxed as costs against
the minor.
(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

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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. 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 his or her 18th birthday. If the minor holds a driver's
license or permit at the time of the determination, the court

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shall provide that the minor's driver's license or permit
shall be revoked until the minor's his or her 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).
(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
(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

HB1596 Engrossed - 639 - LRB103 25063 WGH 51398 b
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:

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(1) for whom a petition has been filed under this Act
alleging that the minor he or she is an abused or neglected
minor;
(2) for whom the court has made a finding that the
minor he or she is an abused or neglected minor under this
Act except a finding under item (iv) of paragraph (a) of
subsection (1) of Section 5-710 that an independent basis
of abuse, neglect, or dependency exists; or
(3) who has been the subject of an indicated
allegation of abuse or neglect by the Department of
Children and Family Services, other than for psychiatric
lock-out, in which the parent or guardian was the
perpetrator within 5 years of the filing of the pending
petition.
(Source: P.A. 101-78, eff. 7-12-19.)
(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

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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 paragraph (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
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered

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by a psychiatrist or psychological treatment rendered by a
clinical psychologist or social work services rendered by
a clinical social worker, or treatment for drug addiction
or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support the minor's his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit the minor
him or her at the minor's his or her home or elsewhere;
(i) reside with the minor's his or her parents or in a
foster home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if the minor he or she committed a crime of violence as
defined in Section 2 of the Crime Victims Compensation Act
in a school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) contribute to the minor's his or her own support

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at home or in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the minor:
(i) remain within the interior premises of the
place designated for the minor's his or her
confinement during the hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any
time for purposes of verifying the minor's compliance
with the conditions of the minor's his or her
confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the

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entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from the minor's his or her body;
(t) refrain from having in the minor's his or her body
the presence of any illicit drug prohibited by the
Cannabis Control Act, the Illinois Controlled Substances
Act, or the Methamphetamine Control and Community
Protection Act, unless prescribed by a physician, and
shall submit samples of the minor's his or her blood or
urine or both for tests to determine the presence of any
illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(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

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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. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which

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the minor he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $50 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court may
not impose the fee on a minor who is placed in the guardianship
or custody of the Department of Children and Family Services
under this Act while the minor is in placement. The fee shall
be imposed only upon a minor who is actively supervised by the
probation and court services department. The court may order
the parent, guardian, or legal custodian of the minor to pay
some or all of the fee on the minor's behalf.
(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. The
probation department within the circuit to which jurisdiction
has been transferred, or which has agreed to provide
supervision, may impose probation fees upon receiving the
transferred offender, as provided in subsection (i) of Section
5-6-3 of the Unified Code of Corrections. For all transfer

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cases, as defined in Section 9b of the Probation and Probation
Officers Act, the probation department from the original
sentencing court shall retain all probation fees collected
prior to the transfer. After the transfer, all probation fees
shall be paid to the probation department within the circuit
to which jurisdiction has been transferred.
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

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supervision, subject to the provisions of Section 5-720 of
this Act.
(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
(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
that the detention 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, provided that any such
detention shall be in a juvenile detention home and the
minor so detained shall be 10 years of age or older; and
(c) notify the persons named in the petition under
Section 5-520, in accordance with the provisions of
Section 5-530.
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

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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 him or her 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.

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(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 his or her 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. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-725)
Sec. 5-725. Protective supervision. If the sentencing

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order releases the minor to the custody of the minor's his or
her parents, guardian or legal custodian, or continues the
minor him or her 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. 90-590, eff. 1-1-99.)
(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
periods;
(c) to abstain from offensive conduct against the
minor, the minor's his or her parent or any person to whom
custody of the minor is awarded;

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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 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 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

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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 him or her 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.

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(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

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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.)
(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 him or her 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

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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 him or her 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 his or her legal authority
as a peace officer, otherwise to aid in securing the
protection the order is intended to afford.
(Source: P.A. 90-590, eff. 1-1-99.)
(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 him or her from
the custody of the minor's his or her parents, guardian or
custodian, the court may:
(a) place the minor him or her in the custody of a

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suitable relative or other person;
(b) place the minor him or her under the guardianship
of a probation officer;
(c) commit the minor him or her to an agency for care
or placement, except an institution under the authority of
the Department of Juvenile Justice or of the Department of
Children and Family Services;
(d) commit the minor him or her to some licensed
training school or industrial school; or
(e) commit the minor him or her to any appropriate
institution having among its purposes the care of
delinquent children, including a child protective facility
maintained by a child protection district serving the
county from which commitment is made, but not including
any institution under the authority of the Department of
Juvenile Justice or of the Department of Children and
Family Services.
(2) When making such placement, the court, wherever
possible, shall select a person holding the same religious
belief as that of the minor or a private agency controlled by
persons of like religious faith of the minor and shall require
the Department of Children and Family Services to otherwise
comply with Section 7 of the Children and Family Services Act
in placing the child. In addition, whenever alternative plans
for placement are available, the court shall ascertain and
consider, to the extent appropriate in the particular case,

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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 him or her 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 him or her in any
child care facility, but the facility must be licensed under
the Child Care Act of 1969 or have been approved by the
Department of Children and Family Services as meeting the
standards established for such licensing. Like authority and
restrictions shall be conferred by the court upon any
probation officer who has been appointed guardian of the
person of a minor.
(4) No placement by any probation officer or agency whose
representative 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.

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(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 his or
her 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. 99-628, eff. 1-1-17.)
(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 him or her into
court and require the legal custodian or guardian him or her,
or the legal custodian's or guardian's his or her agency, to
make a full and accurate report of the his or her or its doings
of the legal custodian, guardian, or agency on in 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

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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 his or her stead or
restore the minor to the custody of the minor's his or her
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
his or her 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

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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 his
or her 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 his or her 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 his or her 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 to
the Department; as used in this paragraph (a), "critical
incident" means any incident that involves a serious risk
to the life, health, or well-being of the youth and

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includes, but is not limited to, an accident or suicide
attempt resulting in serious bodily harm or
hospitalization, psychiatric hospitalization, alleged or
suspected abuse, or escape or attempted escape from
custody, filed within 10 days of the occurrence;
(b) a youth who has been released by the Prisoner
Review Board but remains in a Department facility solely
because the youth does not have an approved aftercare
release host site, filed within 10 days of the occurrence;
(c) a youth, except a youth who has been adjudicated a
habitual or violent juvenile offender under Section 5-815
or 5-820 of this Act or committed for first degree murder,
who has been held in a Department facility for over one
consecutive year; or
(d) if a report has been filed under paragraph (c) of
this subsection, a supplemental report shall be filed
every 6 months thereafter.
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

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the court under this Section, the Independent Juvenile
Ombudsperson Ombudsman 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
Ombudsman shall send a notice to the guardian that the report
is available and will be provided by the Independent Juvenile
Ombudsperson Ombudsman 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
Ombudsman shall send a notice to the parents that the report is
available and will be provided by the Independent Juvenile
Ombudsperson Ombudsman upon request.
(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17;
100-201, eff. 8-18-17.)
(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

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this Act, the court may commit the minor him or her to the
Department of Juvenile Justice, if it finds that (a) the
minor's his or her 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 minor,
including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating
whether the minor has ever been assessed for a learning
disability, and if so what services were provided as well
as any disciplinary incidents at school.

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(E) Physical, mental and emotional health of the
minor, indicating whether the minor has ever been
diagnosed with a health issue and if so what services were
provided and whether the minor was compliant with
services.
(F) Community based services that have been provided
to the minor, and whether the minor was compliant with the
services, and the reason the services were unsuccessful.
(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(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

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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

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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
released from a Department facility, if the minor was
committed for a Class X felony;
(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a
Class 1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a
Class 3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order the minor him or her 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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petition;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an
agent designated by the State to provide assessment
services for the courts;
(f) the number of days, if any, which the minor has
been in custody and for which the minor he or she is
entitled to credit against the sentence, which information
shall be provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;
(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice;
(i) all additional matters which the court directs the
clerk to transmit; and
(j) all police reports for sex offenses as defined by
the Sex Offender Management Board Act.
(6) Whenever the Department of Juvenile Justice lawfully

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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 his or her 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

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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. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)
(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 his or her 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

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1998 automatically terminates when the minor he or she 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. 90-590, eff. 1-1-99.)
(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

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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 his or her 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.

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(Source: P.A. 96-293, eff. 1-1-10.)
(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
premises or within the property boundaries of the
participant's his or her residence at all times during the
hours designated by the supervising authority. Such
instances of approved absences from the home may include,
but are not limited to, the following:
(1) working or employment approved by the court or
traveling to or from approved employment;
(2) unemployed and seeking employment approved for
the participant by the court;
(3) undergoing medical, psychiatric, mental health
treatment, counseling, or other treatment programs
approved for the participant by the court;
(4) attending an educational institution or a
program approved for the participant by the court;
(5) attending a regularly scheduled religious
service at a place of worship;
(6) participating in community work release or

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community service programs approved for the
participant by the supervising authority; or
(7) for another compelling reason consistent with
the public interest, as approved by the supervising
authority.
(B) The participant shall admit any person or agent
designated by the supervising authority into the
participant's his or her residence at any time for
purposes of verifying the participant's compliance with
the conditions of the participant's his or her detention.
(C) The participant shall make the necessary
arrangements to allow for any person or agent designated
by the supervising authority to visit the participant's
place of education or employment at any time, based upon
the approval of the educational institution or employer or
both, for the purpose of verifying the participant's
compliance with the conditions of the participant's his or
her detention.
(D) The participant shall acknowledge and participate
with the approved electronic monitoring device as
designated by the supervising authority at any time for
the purpose of verifying the participant's compliance with
the conditions of the participant's his or her detention.
(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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or on the participant's person, or both; and
(3) a monitoring device in the participant's home
and on the participant's person in the absence of a
telephone.
(F) The participant shall obtain approval from the
supervising authority before the participant changes
residence or the schedule described in paragraph (A) of
this Section.
(G) The participant shall not commit another act that
if committed by an adult would constitute a crime during
the period of home detention ordered by the court.
(H) Notice to the participant that violation of the
order for home detention may subject the participant to an
adjudicatory hearing for escape as described in Section
5-7A-120.
(I) The participant shall abide by other conditions as
set by the supervising authority.
(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
(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

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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 the 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 of
the minor,
(B) any previous abuse or neglect history of the
minor, and
(C) any mental health, physical and/or educational
history of the minor;
(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
accountability,
(C) whether there is evidence the offense was

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committed in an aggressive and premeditated manner,
(D) whether there is evidence the offense caused
serious bodily harm,
(E) whether there is evidence the minor possessed
a deadly weapon;
(iv) the advantages of treatment within the juvenile
justice system including whether there are facilities or
programs, or both, particularly available in the juvenile
system;
(v) whether the security of the public requires
sentencing under Chapter V of the Unified Code of
Corrections:
(A) the minor's history of services, including the
minor's willingness to participate meaningfully in
available services;
(B) whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration
of the juvenile court's jurisdiction;
(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

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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

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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
5-710; and
(ii) an adult criminal sentence in accordance with the
provisions of Section 5-4.5-105 of the Unified Code of
Corrections, the execution of which shall be stayed on the
condition that the offender not violate the provisions of
the juvenile sentence.
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

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violated the conditions of the minor's his or her 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 his or her
sentence other than by a new offense, the court may order
execution of the previously imposed adult criminal sentence or
may continue the minor him or her 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 Department of 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. 99-258, eff. 1-1-16.)

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(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 he or she
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
after adjudication on the second; and
2. the second adjudication was for an offense
occurring after adjudication on the first; and
3. the third offense occurred after January 1, 1980;
and
4. the third offense was based upon the commission of
or attempted commission of the following offenses: first
degree murder, second degree murder or involuntary
manslaughter; criminal sexual assault or aggravated
criminal sexual assault; aggravated or heinous battery
involving permanent disability or disfigurement or great
bodily harm to the victim; burglary of a home or other
residence intended for use as a temporary or permanent
dwelling place for human beings; home invasion; robbery or
armed robbery; or aggravated arson.
Nothing in this Section shall preclude the State's

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Attorney from seeking to prosecute a minor as an adult as an
alternative to prosecution as a an 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 an Habitual Juvenile Offender.
(c) Petition; service. A notice to seek adjudication as a
an 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

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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 his or her own behalf, it shall be competent to
introduce evidence, for purposes of impeachment, that the
minor he or she has previously been adjudicated a delinquent
minor upon facts which, had the minor he been tried as an
adult, would have resulted in the minor's his 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 him or her of the allegations of the
statement so filed, and of the minor's his or her right to a
hearing before the court on the issue of such prior
adjudication and of the minor's his right to counsel at such

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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 his 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 him or her 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.)

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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 he or
she 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
occurring after adjudication on the first; and
(2) The second offense occurred on or after January 1,
1995.
(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

HB1596 Engrossed - 686 - LRB103 25063 WGH 51398 b
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 his or her own behalf, it shall be competent to
introduce evidence, for purposes of impeachment, that the
minor he or she 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

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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 his or her right to a hearing before
the court on the issue of the prior adjudication and of the
minor's his or her 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 his or her 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

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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.)
(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.

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(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex
offense shall be disclosed only to the following parties
when necessary for discharge of their official duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
the permission of the judge of the juvenile court and
the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the

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record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases,
as required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private
agency or institution, having custody of the juvenile
under court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(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

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offense from voluntarily disclosing this his or her 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 his or her
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
access to the name, address, and offense of a minor who is

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adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent
Class 2 or greater felony offense under the Cannabis
Control Act if committed by an adult, (D) an act that
would be a second or subsequent offense under Section
402 of the Illinois Controlled Substances Act if
committed by an adult, (E) an act that would be an
offense under Section 401 of the Illinois Controlled
Substances Act if committed by an adult, or (F) an act
that would be an offense under the Methamphetamine
Control and Community Protection Act if committed by
an adult.
(b) The court shall allow the general public to have

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access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual
assault,
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance
of the commission of a felony as a member of or on
behalf of a criminal street gang, (B) an offense
involving the use of a firearm in the commission of a
felony, (C) a Class X felony offense under the
Cannabis Control Act or a second or subsequent Class 2
or greater felony offense under the Cannabis Control
Act, (D) a second or subsequent offense under Section
402 of the Illinois Controlled Substances Act, (E) an
offense under Section 401 of the Illinois Controlled
Substances Act, or (F) an offense under the
Methamphetamine Control and Community Protection Act.
(6) Nothing in this Section shall be construed to limit
the use of an adjudication of delinquency as evidence in any

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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 he or she 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
him or her.
(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

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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 his
or her 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.)
(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.

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(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 his or her 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
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff, or, when necessary for the
discharge of its official duties in connection with a
particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers;
(c) The minor, the minor's parents or legal guardian
and their attorneys, but only when the juvenile has been
charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and

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protects the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of
minors pursuant to orders of the juvenile court or
directives from officials of the Department of Children
and Family Services or the Department of Human Services
who certify in writing that the information will not be
disclosed to any other party except as provided under law
or order of court;
(h) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
law enforcement records transmitted to the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest by a local law enforcement agency under a
reciprocal reporting system established and maintained
between the school district and the local law
enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of

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2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the law enforcement
records shall be kept separate from and shall not
become a part of the official school record of that
child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and

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employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written law enforcement
records, and shall be used solely by the appropriate
school official or officials to protect the safety of
students and employees in the school and aid in the
proper rehabilitation of the child. The information
derived orally from the local law enforcement
officials shall be kept separate from and shall not
become a part of the official school record of the

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child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity;
(i) The president of a park district. Inspection and
copying shall be limited to law enforcement records
transmitted to the president of the park district by the
Illinois State Police under Section 8-23 of the Park
District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(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 his or her identity.

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(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

HB1596 Engrossed - 702 - LRB103 25063 WGH 51398 b
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.

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(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 his or her 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).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
99-298, eff. 8-6-15.)
(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
or, if the juvenile offender is under 18 years of age, by
the parent of the juvenile; or

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(b) upon a determination by the head of the treatment
facility, who has the records, that disclosure to another
individual or facility providing treatment to the minor is
necessary for the further treatment of the juvenile
offender; or
(c) when any court having jurisdiction of the juvenile
offender orders disclosure; or
(d) when requested by any attorney representing the
juvenile offender, but the records shall not be further
disclosed by the attorney unless approved by the court or
presented as admissible evidence; or
(e) upon a written request of a juvenile probation
officer in regard to an alleged juvenile offender when the
information is needed for screening and assessment
purposes, for preparation of a social investigation or
presentence investigation, or placement decisions; but the
records shall not be further disclosed by the probation
officer unless approved by the court; or
(f) when the State's Attorney requests a copy of the
social investigation for use at a sentencing hearing or
upon written request of the State's Attorney for
psychological or medical records when the minor contests
the minor's his fitness for trial or relies on an
affirmative defense of intoxication or insanity.
(2) Willful violation of this Section is a Class C
misdemeanor.

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(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. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-915)
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 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 the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in
the records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a

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petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement
interaction documented in the records.
(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 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
1, 2013 shall be automatically expunged prior to January
1, 2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January
1, 2023; and

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(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have the person's
his or her 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 his or her 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

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agency, or the chief law enforcement officer's his or her
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 his or her 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,

HB1596 Engrossed - 709 - LRB103 25063 WGH 51398 b
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 his or her 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 his or her record from immediate
automatic expungement.

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(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.

HB1596 Engrossed - 711 - LRB103 25063 WGH 51398 b
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before a
person's his or her 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 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
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was
found not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a

HB1596 Engrossed - 712 - LRB103 25063 WGH 51398 b
petty or business offense if committed by an adult.
(1.5) 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 his or her
juvenile law enforcement records relating to incidents
occurring before the person's his or her 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 to expunge all juvenile
law enforcement records relating to any incidents occurring
before the person's his or her 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
he or she petitions the court for expungement; provided that 2
years have elapsed since all juvenile court proceedings
relating to the person him or her have been terminated and the
person's his or her commitment to the Department of Juvenile
Justice under this Act has been terminated.
(2.5) If a minor is arrested and no petition for

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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 his or her 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 he or she may apply to have petition fees waived, (iii)
once the minor he or she obtains an expungement, the minor he
or she may not be required to disclose that the minor he or she
had a juvenile law enforcement or juvenile court record, and
(iv) if petitioning the minor he or she may file the petition

HB1596 Engrossed - 714 - LRB103 25063 WGH 51398 b
on the minor's his or her own or with the assistance of an
attorney. The failure of the judge to inform the delinquent
minor of the minor's his or her 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

HB1596 Engrossed - 715 - LRB103 25063 WGH 51398 b
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; revised 8-23-22.)
(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)

HB1596 Engrossed - 716 - LRB103 25063 WGH 51398 b
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

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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

HB1596 Engrossed - 718 - LRB103 25063 WGH 51398 b
.............................
Petitioner's Telephone Number
Pursuant 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 Department of 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 his or her 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 Department of State

HB1596 Engrossed - 719 - LRB103 25063 WGH 51398 b
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
Department of 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 Department of
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 Attorney

HB1596 Engrossed - 720 - LRB103 25063 WGH 51398 b
TO: 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 his/her 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 Number

HB1596 Engrossed - 721 - LRB103 25063 WGH 51398 b
PROOF 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;
or
by 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 .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed 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.
)

HB1596 Engrossed - 722 - LRB103 25063 WGH 51398 b
)
...................)
(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 Department of 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: ......................

HB1596 Engrossed - 723 - LRB103 25063 WGH 51398 b
JUDGE
DATED: .......
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)
.................................

HB1596 Engrossed - 724 - LRB103 25063 WGH 51398 b
.................................
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;
( ) Department of 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.:

HB1596 Engrossed - 725 - LRB103 25063 WGH 51398 b
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 his/her 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;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(Source: P.A. 100-1162, eff. 12-20-18.)
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.

HB1596 Engrossed - 726 - LRB103 25063 WGH 51398 b
(1) The chief judge of each circuit shall make provision
for probation services for each county in the chief judge's
his or her 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
receive, investigate and evaluate complaints indicating
dependency, requirement of authoritative intervention,
addiction or delinquency within the meaning of Sections
2-3, 2-4, 3-3, 4-3, or 5-105, respectively; to determine
or assist the complainant in determining whether a
petition should be filed under Sections 2-13, 3-15, 4-12,
or 5-520 or whether referral should be made to an agency,
association or other person or whether some other action
is advisable; and to see that the indicating filing,
referral or other action is accomplished. However, no such
investigation, evaluation or supervision by such court
services or probation department is to occur with regard
to complaints indicating only that a minor may be a

HB1596 Engrossed - 727 - LRB103 25063 WGH 51398 b
chronic or habitual truant.
(a-1) To confer in a preliminary conference, with a
view to adjusting suitable cases without the filing of a
petition as provided for in Section 2-12 or Section 5-305.
(b) When a petition is filed under Section 2-13, 3-15,
4-15, or 5-520, to make pre-adjudicatory investigations
and formulate recommendations to the court when the court
has authorized or directed the department to do so.
(b-1) When authorized or directed by the court, and
with the consent of the party respondents and the State's
Attorney, to confer in a pre-adjudicatory conference, with
a view to adjusting suitable cases as provided for in
Section 2-12 or Section 5-305.
(c) To counsel and, by order of the court, to
supervise minors referred to the court; to conduct
indicated programs of casework, including referrals for
medical and mental health service, organized recreation
and job placement for wards of the court and, when
appropriate, for members of the family of a ward; to act as
liaison officer between the court and agencies or
associations to which minors are referred or through which
they are placed; when so appointed, to serve as guardian
of the person of a ward of the court; to provide probation
supervision and protective supervision ordered by the
court; and to provide like services to wards and
probationers of courts in other counties or jurisdictions

HB1596 Engrossed - 728 - LRB103 25063 WGH 51398 b
who have lawfully become local residents.
(d) To arrange for placements pursuant to court order.
(e) To assume administrative responsibility for such
detention, shelter care and other institutions for minors
as the court may operate.
(f) To maintain an adequate system of case records,
statistical records, and financial records related to
juvenile detention and shelter care and to make reports to
the court and other authorized persons, and to the Supreme
Court pursuant to the Probation and Probation Officers
Act.
(g) To perform such other services as may be
appropriate to effectuate the purposes of this Act or as
may be directed by any order of court made under this Act.
(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.

HB1596 Engrossed - 729 - LRB103 25063 WGH 51398 b
(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 his or her
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. 101-81, eff. 7-12-19.)
(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
him.
(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

HB1596 Engrossed - 730 - LRB103 25063 WGH 51398 b
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. 85-601.)
(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

HB1596 Engrossed - 731 - LRB103 25063 WGH 51398 b
Department established for any county or probation district in
the circuit, to serve at the chief judge's his 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 his 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. 85-601.)
(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

HB1596 Engrossed - 732 - LRB103 25063 WGH 51398 b
which shall be paid not only the moneys appropriated by the
county board, but also all reimbursements by parents and other
persons and by the State.
(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 his 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. 85-1235; 85-1443; 86-820.)
(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 his 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 his care and
support to the guardian of the person or legal custodian

HB1596 Engrossed - 733 - LRB103 25063 WGH 51398 b
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 him 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. 90-590, eff. 1-1-99.)
(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

HB1596 Engrossed - 734 - LRB103 25063 WGH 51398 b
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 his or her 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 Sections 2-27, 3-28, 4-25 or 5-740, 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.
If it appears that the person liable for the support of the
minor is able to contribute to legal fees for representation
of the minor, the court shall enter an order requiring that
person to pay a reasonable sum for the representation, to the

HB1596 Engrossed - 735 - LRB103 25063 WGH 51398 b
attorney providing the representation or to the clerk of the
court for deposit in the appropriate account or fund. The sum
may be paid as the court directs, and the payment thereof
secured and enforced as provided in this Section for support.
If it appears at the detention or shelter care hearing of a
minor before the court under Section 5-501 that a parent or any
other person liable for support of the minor is able to
contribute to the minor's his or her support, that parent or
other person shall be required to pay a fee for room and board
at a rate not to exceed $10 per day established, with the
concurrence of the chief judge of the judicial circuit, by the
county board of the county in which the minor is detained
unless the court determines that it is in the best interest and
welfare of the minor to waive the fee. The concurrence of the
chief judge shall be in the form of an administrative order.
Each week, on a day designated by the clerk of the circuit
court, that parent or other person shall pay the clerk for the
minor's room and board. All fees for room and board collected
by the circuit court clerk shall be disbursed into the
separate county fund under Section 6-7.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or other
person establishes that the parent or other person he or she is
indigent and unable to pay the incurred liability, and the
court may reduce or waive liability if the parent or other
person establishes circumstances showing that full payment of

HB1596 Engrossed - 736 - LRB103 25063 WGH 51398 b
support or legal fees would result in financial hardship to
the person or the person's his or her family.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order the person him to make the
support payments for which the person he is liable under this
Act out of the person's his wages, salary or commission and to
assign so much thereof as will pay the support. The court may
also order the person him to make discovery to the court as to
the person's his place of employment and the amounts earned by
the person him. Upon the person's his failure to obey the
orders of court the person he may be punished as for contempt
of court.
(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 his
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 he
is a recipient under Articles 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

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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, Department
of Human Services, or 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, Department of Human Services, or local
governmental unit are to be covered, respectively, into the
General Revenue Fund of the State Treasury or General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 99-85, eff. 1-1-16.)
(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 him
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

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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 Children and Family Services Act, approved
June 4, 1963, as amended. 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,

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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. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
Section 68. The Unified Code of Corrections is amended by
changing the heading of Article 2.7 of Chapter III and
Sections 3-2.7-1, 3-2.7-5, 3-2.7-10, 3-2.7-15, 3-2.7-20,
3-2.7-25, 3-2.7-30, 3-2.7-35, 3-2.7-40, 3-2.7-50, and 3-2.7-55
as follows:
(730 ILCS 5/Ch. III Art. 2.7 heading)
ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE
INDEPENDENT JUVENILE OMBUDSPERSON OMBUDSMAN
(Source: P.A. 98-1032, eff. 8-25-14.)

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(730 ILCS 5/3-2.7-1)
Sec. 3-2.7-1. Short title. This Article may be cited as
the Department of Juvenile Justice Independent Juvenile
Ombudsperson Ombudsman Law.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-5)
Sec. 3-2.7-5. Purpose. The purpose of this Article is to
create within the Department of Juvenile Justice the Office of
Independent Juvenile Ombudsperson Ombudsman for the purpose of
securing the rights of youth committed to the Department of
Juvenile Justice, including youth released on aftercare before
final discharge.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-10)
Sec. 3-2.7-10. Definitions. In this Article, unless the
context requires otherwise:
"Department" means the Department of Juvenile Justice.
"Immediate family or household member" means the spouse,
child, parent, brother, sister, grandparent, or grandchild,
whether of the whole blood or half blood or by adoption, or a
person who shares a common dwelling.
"Juvenile justice system" means all activities by public
or private agencies or persons pertaining to youth involved in

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or having contact with the police, courts, or corrections.
"Office" means the Office of the Independent Juvenile
Ombudsperson Ombudsman.
"Ombudsperson Ombudsman" means the Department of Juvenile
Justice Independent Juvenile Ombudsperson Ombudsman.
"Youth" means any person committed by court order to the
custody of the Department of Juvenile Justice, including youth
released on aftercare before final discharge.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-15)
Sec. 3-2.7-15. Appointment of Independent Juvenile
Ombudsperson Ombudsman. The Governor shall appoint the
Independent Juvenile Ombudsperson Ombudsman with the advice
and consent of the Senate for a term of 4 years, with the first
term expiring February 1, 2017. A person appointed as
Ombudsperson Ombudsman may be reappointed to one or more
subsequent terms. A vacancy shall occur upon resignation,
death, or removal. The Ombudsperson Ombudsman may only be
removed by the Governor for incompetency, malfeasance, neglect
of duty, or conviction of a felony. If the Senate is not in
session or is in recess when an appointment subject to its
confirmation is made, the Governor shall make a temporary
appointment which shall be subject to subsequent Senate
approval. The Ombudsperson Ombudsman may employ deputies to
perform, under the direction of the Ombudsperson Ombudsman,

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the same duties and exercise the same powers as the
Ombudsperson Ombudsman, and may employ other support staff as
deemed necessary. The Ombudsperson Ombudsman and deputies
must:
(1) be over the age of 21 years;
(2) have a bachelor's or advanced degree from an
accredited college or university; and
(3) have relevant expertise in areas such as the
juvenile justice system, investigations, or civil rights
advocacy as evidenced by experience in the field or by
academic background.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-20)
Sec. 3-2.7-20. Conflicts of interest. A person may not
serve as Ombudsperson Ombudsman or as a deputy if the person or
the person's immediate family or household member:
(1) is or has been employed by the Department of
Juvenile Justice or Department of Corrections within one
year prior to appointment, other than as Ombudsperson
Ombudsman or Deputy Ombudsperson Ombudsman;
(2) participates in the management of a business
entity or other organization receiving funds from the
Department of Juvenile Justice;
(3) owns or controls, directly or indirectly, any
interest in a business entity or other organization

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receiving funds from the Department of Juvenile Justice;
(4) uses or receives any amount of tangible goods,
services, or funds from the Department of Juvenile
Justice, other than as Ombudsperson Ombudsman or Deputy
Ombudsperson Ombudsman; or
(5) is required to register as a lobbyist for an
organization that interacts with the juvenile justice
system.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-25)
Sec. 3-2.7-25. Duties and powers.
(a) The Independent Juvenile Ombudsperson Ombudsman shall
function independently within the Department of Juvenile
Justice with respect to the operations of the Office in
performance of the Ombudsperson's his or her duties under this
Article and shall report to the Governor. The Ombudsperson
Ombudsman shall adopt rules and standards as may be necessary
or desirable to carry out the Ombudsperson's his or her
duties. Funding for the Office shall be designated separately
within Department funds. The Department shall provide
necessary administrative services and facilities to the Office
of the Independent Juvenile Ombudsperson Ombudsman.
(b) The Office of Independent Juvenile Ombudsperson
Ombudsman shall have the following duties:
(1) review and monitor the implementation of the rules

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and standards established by the Department of Juvenile
Justice and evaluate the delivery of services to youth to
ensure that the rights of youth are fully observed;
(2) provide assistance to a youth or family whom the
Ombudsperson Ombudsman determines is in need of
assistance, including advocating with an agency, provider,
or other person in the best interests of the youth;
(3) investigate and attempt to resolve complaints made
by or on behalf of youth, other than complaints alleging
criminal behavior or violations of the State Officials and
Employees Ethics Act, if the Office determines that the
investigation and resolution would further the purpose of
the Office, and:
(A) a youth committed to the Department of
Juvenile Justice or the youth's family is in need of
assistance from the Office; or
(B) a systemic issue in the Department of Juvenile
Justice's provision of services is raised by a
complaint;
(4) review or inspect periodically the facilities and
procedures of any facility in which a youth has been
placed by the Department of Juvenile Justice to ensure
that the rights of youth are fully observed; and
(5) be accessible to and meet confidentially and
regularly with youth committed to the Department and serve
as a resource by informing them of pertinent laws, rules,

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and policies, and their rights thereunder.
(c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or
serious violations of policies and procedures concerning
the administration of a Department of Juvenile Justice
program or operation;
(3) serious problems concerning the delivery of
services in a facility operated by or under contract with
the Department of Juvenile Justice;
(4) interference by the Department of Juvenile Justice
with an investigation conducted by the Office; and
(5) other cases as deemed necessary by the
Ombudsperson Ombudsman.
(d) Notwithstanding any other provision of law, the
Ombudsperson Ombudsman may not investigate alleged criminal
behavior or violations of the State Officials and Employees
Ethics Act. If the Ombudsperson Ombudsman determines that a
possible criminal act has been committed, or that special
expertise is required in the investigation, the Ombudsperson
he or she shall immediately notify the Illinois State Police.
If the Ombudsperson Ombudsman determines that a possible
violation of the State Officials and Employees Ethics Act has
occurred, the Ombudsperson he or she shall immediately refer
the incident to the Office of the Governor's Executive

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Inspector General for investigation. If the Ombudsperson
Ombudsman receives a complaint from a youth or third party
regarding suspected abuse or neglect of a child, the
Ombudsperson Ombudsman shall refer the incident to the Child
Abuse and Neglect Hotline or to the Illinois State Police as
mandated by the Abused and Neglected Child Reporting Act. Any
investigation conducted by the Ombudsperson Ombudsman shall
not be duplicative and shall be separate from any
investigation mandated by the Abused and Neglected Child
Reporting Act. All investigations conducted by the
Ombudsperson Ombudsman shall be conducted in a manner designed
to ensure the preservation of evidence for possible use in a
criminal prosecution.
(e) In performance of the Ombudsperson's his or her
duties, the Ombudsperson Ombudsman may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation
designed to protect youth;
(3) make appropriate referrals under any of the duties
and powers listed in this Section;
(4) attend internal administrative and disciplinary
hearings to ensure the rights of youth are fully observed
and advocate for the best interest of youth when deemed
necessary; and
(5) perform other acts, otherwise permitted or
required by law, in furtherance of the purpose of the

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Office.
(f) To assess if a youth's rights have been violated, the
Ombudsperson Ombudsman may, in any matter that does not
involve alleged criminal behavior, contact or consult with an
administrator, employee, youth, parent, expert, or any other
individual in the course of the Ombudsperson's his or her
investigation or to secure information as necessary to fulfill
the Ombudsperson's his or her duties.
(Source: P.A. 102-538, eff. 8-20-21.)
(730 ILCS 5/3-2.7-30)
Sec. 3-2.7-30. Duties of the Department of Juvenile
Justice.
(a) The Department of Juvenile Justice shall allow any
youth to communicate with the Ombudsperson Ombudsman or a
deputy at any time. The communication:
(1) may be in person, by phone, by mail, or by any
other means deemed appropriate in light of security
concerns; and
(2) is confidential and privileged.
(b) The Department shall allow the Ombudsperson Ombudsman
and deputies full and unannounced access to youth and
Department facilities at any time. The Department shall
furnish the Ombudsperson Ombudsman and deputies with
appropriate meeting space in each facility in order to
preserve confidentiality.

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(c) The Department shall allow the Ombudsperson Ombudsman
and deputies to participate in professional development
opportunities provided by the Department of Juvenile Justice
as practical and to attend appropriate professional training
when requested by the Ombudsperson Ombudsman.
(d) The Department shall provide the Ombudsperson
Ombudsman copies of critical incident reports involving a
youth residing in a facility operated by the Department.
Critical incidents include, but are not limited to, severe
injuries that result in hospitalization, suicide attempts that
require medical intervention, sexual abuse, and escapes.
(e) The Department shall provide the Ombudsperson
Ombudsman with reasonable advance notice of all internal
administrative and disciplinary hearings regarding a youth
residing in a facility operated by the Department.
(f) The Department of Juvenile Justice may not discharge,
demote, discipline, or in any manner discriminate or retaliate
against a youth or an employee who in good faith makes a
complaint to the Office of the Independent Juvenile
Ombudsperson Ombudsman or cooperates with the Office.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-35)
Sec. 3-2.7-35. Reports. The Independent Juvenile
Ombudsperson Ombudsman shall provide to the General Assembly
and the Governor, no later than January 1 of each year, a

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summary of activities done in furtherance of the purpose of
the Office for the prior fiscal year. The summaries shall
contain data both aggregated and disaggregated by individual
facility and describe:
(1) the work of the Ombudsperson Ombudsman;
(2) the status of any review or investigation
undertaken by the Ombudsperson Ombudsman, but may not
contain any confidential or identifying information
concerning the subjects of the reports and investigations;
and
(3) any recommendations that the Independent Juvenile
Ombudsperson Ombudsman has relating to a systemic issue in
the Department of Juvenile Justice's provision of services
and any other matters for consideration by the General
Assembly and the Governor.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-40)
Sec. 3-2.7-40. Complaints. The Office of Independent
Juvenile Ombudsperson Ombudsman shall promptly and efficiently
act on complaints made by or on behalf of youth filed with the
Office that relate to the operations or staff of the
Department of Juvenile Justice. The Office shall maintain
information about parties to the complaint, the subject matter
of the complaint, a summary of the results of the review or
investigation of the complaint, including any resolution of or

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recommendations made as a result of the complaint. The Office
shall make information available describing its procedures for
complaint investigation and resolution. When applicable, the
Office shall notify the complaining youth that an
investigation and resolution may result in or will require
disclosure of the complaining youth's identity. The Office
shall periodically notify the complaint parties of the status
of the complaint until final disposition.
(Source: P.A. 98-1032, eff. 8-25-14.)
(730 ILCS 5/3-2.7-50)
Sec. 3-2.7-50. Promotion and awareness of Office. The
Independent Juvenile Ombudsperson Ombudsman shall promote
awareness among the public and youth of:
(1) the rights of youth committed to the Department;
(2) the purpose of the Office;
(3) how the Office may be contacted;
(4) the confidential nature of communications; and
(5) the services the Office provides.
(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
(730 ILCS 5/3-2.7-55)
Sec. 3-2.7-55. Access to information of governmental
entities. The Department of Juvenile Justice shall provide the
Independent Juvenile Ombudsperson Ombudsman unrestricted
access to all master record files of youth under Section 3-5-1

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of this Code. Access to educational, social, psychological,
mental health, substance abuse, and medical records shall not
be disclosed except as provided in Section 5-910 of the
Juvenile Court Act of 1987, the Mental Health and
Developmental Disabilities Confidentiality Act, the School
Code, and any applicable federal laws that govern access to
those records.
(Source: P.A. 98-1032, eff. 8-25-14.)
Section 70. The Emancipation of Minors Act is amended by
changing Sections 2, 3-2, 4, 7, and 9 as follows:
(750 ILCS 30/2) (from Ch. 40, par. 2202)
Sec. 2. Purpose and policy. The purpose of this Act is to
provide a means by which a mature minor who has demonstrated
the ability and capacity to manage the minor's his own affairs
and to live wholly or partially independent of the minor's his
parents or guardian, may obtain the legal status of an
emancipated person with power to enter into valid legal
contracts.
This Act is not intended to interfere with the integrity
of the family or the rights of parents and their children. No
order of complete or partial emancipation may be entered under
this Act if there is any objection by the minor. An order of
complete or partial emancipation may be entered under this Act
if there is an objection by the minor's parents or guardian

HB1596 Engrossed - 752 - LRB103 25063 WGH 51398 b
only if the court finds, in a hearing, that emancipation would
be in the minor's best interests. This Act does not limit or
exclude any other means either in statute or case law by which
a minor may become emancipated.
(g) Beginning January 1, 2019, and annually thereafter
through January 1, 2024, the Department of Human Services
shall submit annual reports to the General Assembly regarding
homeless minors older than 16 years of age but less than 18
years of age referred to a youth transitional housing program
for whom parental consent to enter the program is not
obtained. The report shall include the following information:
(1) the number of homeless minors referred to youth
transitional housing programs;
(2) the number of homeless minors who were referred
but a licensed youth transitional housing program was not
able to provide housing and services, and what subsequent
steps, if any, were taken to ensure that the homeless
minors were referred to an appropriate and available
alternative placement;
(3) the number of homeless minors who were referred
but determined to be ineligible for a youth transitional
housing program and the reason why the homeless minors
were determined to be ineligible, and what subsequent
steps, if any, were taken to ensure that the homeless
minors were referred to an appropriate and available
alternative placement; and

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(4) the number of homeless minors who voluntarily left
the program and who were dismissed from the program while
they were under the age of 18, and what subsequent steps,
if any, were taken to ensure that the homeless minors were
referred to an appropriate and available alternative
placement.
(Source: P.A. 100-162, eff. 1-1-18; 101-135, eff. 7-26-19.)
(750 ILCS 30/3-2) (from Ch. 40, par. 2203-2)
Sec. 3-2. Mature minor. "Mature minor" means a person 16
years of age or over and under the age of 18 years who has
demonstrated the ability and capacity to manage the minor's
his own affairs and to live wholly or partially independent of
the minor's his parents or guardian.
(Source: P.A. 81-833.)
(750 ILCS 30/4) (from Ch. 40, par. 2204)
Sec. 4. Jurisdiction. The circuit court in the county
where the minor resides, is found, owns property, or in which a
court action affecting the interests of the minor is pending,
may, upon the filing of a petition on behalf of the minor by
the minor's his next friend, parent or guardian and after any
hearing or notice to all persons as set forth in Sections 7, 8,
and 9 of this Act, enter a finding that the minor is a mature
minor and order complete or partial emancipation of the minor.
The court in its order for partial emancipation may

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specifically limit the rights and responsibilities of the
minor seeking emancipation.
(Source: P.A. 100-162, eff. 1-1-18.)
(750 ILCS 30/7) (from Ch. 40, par. 2207)
Sec. 7. Petition. The petition for emancipation shall be
verified and shall set forth: (1) the age of the minor; (2)
that the minor is a resident of Illinois at the time of the
filing of the petition, or owns real estate in Illinois, or has
an interest or is a party in any case pending in Illinois; (3)
the cause for which the minor seeks to obtain partial or
complete emancipation; (4) the names of the minor's parents,
and the address, if living; (5) the names and addresses of any
guardians or custodians appointed for the minor; (6) that the
minor is a mature minor who has demonstrated the ability and
capacity to manage the minor's his own affairs and (7) that the
minor has lived wholly or partially independent of the minor's
his parents or guardian.
(Source: P.A. 100-162, eff. 1-1-18.)
(750 ILCS 30/9) (from Ch. 40, par. 2209)
Sec. 9. Hearing on petition.
(a) Mature minor. Before proceeding to a hearing on the
petition for emancipation of a mature minor the court shall
advise all persons present of the nature of the proceedings,
and their rights and responsibilities if an order of

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emancipation should be entered.
If, after the hearing, the court determines that the minor
is a mature minor who is of sound mind and has the capacity and
maturity to manage the minor's his own affairs including the
minor's his finances, and that the best interests of the minor
and the minor's his family will be promoted by declaring the
minor an emancipated minor, the court shall enter a finding
that the minor is an emancipated minor within the meaning of
this Act, or that the mature minor is partially emancipated
with such limitations as the court by order deems appropriate.
No order of complete or partial emancipation may be entered
under this Act if there is any objection by the minor. An order
of complete or partial emancipation may be entered under this
Act if there is an objection by the minor's parents or guardian
only if the court finds, in a hearing, that emancipation would
be in the minor's best interests.
(b) (Blank).
(Source: P.A. 100-162, eff. 1-1-18; 101-135, eff. 7-26-19.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.

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Section 999. Effective date. This Act takes effect 60 days
after becoming law.