Bill Text: IL HB2404 | 2013-2014 | 98th General Assembly | Amended

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

---

Bill Title: Amends the Juvenile Court Act of 1987. Changes the definition of delinquent minor to include a person who was under 18 (rather than 17) years of age when he or she committed an offense classified as a felony. Also changes the age concerning confidentiality of juvenile records. Provides that the restrictions apply to persons taken into custody before their 18th (rather than 17th) birthday. Makes corresponding change in the expungement provisions of the Act. Provides that the amendatory changes are prospective.

Spectrum: Strong Partisan Bill (Democrat 34-2)

Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0061 [HB2404 Detail]

Download: Illinois-2013-HB2404-Amended.html

---

Rep. Barbara Flynn Currie

Filed: 4/12/2013

09800HB2404ham003 LRB098 07733 RLC 44127 a
AMENDMENT TO HOUSE BILL 2404
AMENDMENT NO. ______. Amend House Bill 2404, AS AMENDED, by
replacing the introductory clause of Section 5 with the
following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120,
5-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:";
and
by inserting after the last line of Sec. 1-8 of Section 5 the
following:
"(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 Section 5-915.
(2) This subsection (2) applies to expungement of law

09800HB2404ham003 - 2 - LRB098 07733 RLC 44127 a
enforcement and juvenile court records other than delinquency
proceedings. Whenever any person has attained the age of 18 17
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 his 18th 17th birthday or 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
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. 90-590, eff. 1-1-99.)

09800HB2404ham003 - 3 - LRB098 07733 RLC 44127 a
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, 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 of
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

09800HB2404ham003 - 4 - LRB098 07733 RLC 44127 a
removal of the minor from 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 shall include any
agency of the State which has been given custody or wardship of
the child. If it is consistent with the health, safety and best
interests of the minor, the court may also prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or
a licensed child welfare agency; however, a minor charged with
a criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less
than 15 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act or
a minor for whom an independent basis of abuse, neglect, or
dependency exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or dependency do
not arise from the same facts, incident, or circumstances which
give rise to a charge or adjudication of delinquency.
In placing the minor, the Department or other agency shall,
to the extent compatible with the court's order, comply with

09800HB2404ham003 - 5 - LRB098 07733 RLC 44127 a
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 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 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 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
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

09800HB2404ham003 - 6 - LRB098 07733 RLC 44127 a
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has

09800HB2404ham003 - 7 - LRB098 07733 RLC 44127 a
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling placement
and contact plan the basis for its determination. The sibling
placement and contact plan shall specify a date for development
of the Sibling Contact Support Plan, under subsection (f) of
Section 7.4 of the Children and Family Services Act, and shall
remain in effect until the Sibling Contact Support Plan is
developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it

09800HB2404ham003 - 8 - LRB098 07733 RLC 44127 a
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall put
in writing the factual basis supporting the determination and
enter specific findings based on the evidence. The court shall
enter an order for the Department to implement changes to the
parent-child visiting plan or sibling placement or contact
plan, consistent with the court's findings. At any stage of
proceeding, any party may by motion request the court to enter
any orders necessary to implement the parent-child visiting
plan, sibling placement or contact plan or subsequently
developed Sibling Contact Support Plan. Nothing under this
subsection (2) shall restrict the court from granting
discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling

09800HB2404ham003 - 9 - LRB098 07733 RLC 44127 a
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 that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The
Department shall file with the court and serve on the parties
any amendments to the plan within 10 days, excluding weekends
and holidays, of the change of the visitation.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act, nor
may a referral of services be considered as evidence in any
proceeding pursuant to this Act, except where the issue is
whether the Department has made reasonable efforts to reunite
the family. In making its findings that it is consistent with
the health, safety and best interests of the minor to prescribe
shelter care, the court shall state in writing (i) the factual
basis supporting its findings concerning the immediate and
urgent necessity for the protection of the minor or of the
person or property of another and (ii) the factual basis
supporting its findings that reasonable efforts were made to
prevent or eliminate the removal of the minor from his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The

09800HB2404ham003 - 10 - LRB098 07733 RLC 44127 a
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 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 correct the
conditions which require the child to be in care, or risk
termination of their parental rights.
(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

09800HB2404ham003 - 11 - LRB098 07733 RLC 44127 a
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear and shall contain a notice
that the parties will not be entitled to further written
notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to
terminate parental rights, except as required by Supreme Court
Rule 11; and shall explain the right of the parties and the
procedures to vacate or modify a shelter care order as provided
in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND 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

09800HB2404ham003 - 12 - LRB098 07733 RLC 44127 a
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
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.

09800HB2404ham003 - 13 - LRB098 07733 RLC 44127 a
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 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.

09800HB2404ham003 - 14 - LRB098 07733 RLC 44127 a
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, 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, 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).

09800HB2404ham003 - 15 - LRB098 07733 RLC 44127 a
(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 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period 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

09800HB2404ham003 - 16 - LRB098 07733 RLC 44127 a
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
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.
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

09800HB2404ham003 - 17 - LRB098 07733 RLC 44127 a
appropriate services be continued or initiated in behalf of the
minor and 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.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
(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

09800HB2404ham003 - 18 - LRB098 07733 RLC 44127 a
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is a person requiring authoritative
intervention, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to
believe that the minor is a person requiring authoritative
intervention, the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. After such testimony, the court may
enter an order that the minor shall be released upon the
request of a parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian shall
include any agency of the State which has been given custody or
wardship of the child. The Court shall require documentation by
representatives of the Department of Children and Family
Services or the probation department as to the reasonable
efforts that were made to prevent or eliminate the necessity of
removal of the minor from his or her home, and shall consider
the testimony of any person as to those reasonable efforts. If
the court finds that it is a matter of immediate and urgent
necessity for the protection of the minor or of the person or
property of another that the minor be placed in a shelter care
facility, or that he or she is likely to flee the jurisdiction

09800HB2404ham003 - 19 - LRB098 07733 RLC 44127 a
of the court, and further finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts
cannot prevent or eliminate the necessity of removal of the
minor from his or her home, the court may prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or
a licensed child welfare agency; otherwise it shall release the
minor from custody. If the court prescribes shelter care, then
in placing the minor, the Department or other agency shall, to
the extent compatible with the court's order, comply with
Section 7 of the Children and Family Services Act. If the minor
is ordered placed in a shelter care facility of the Department
of Children and Family Services or a licensed child welfare
agency, the court shall, upon request of the Department or
other agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate
agency executive temporary custodian of the minor and the court
may enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services to
the minor or his family to ameliorate the causes contributing
to the finding of probable cause or to the finding of the
existence of immediate and urgent necessity. Acceptance of
services shall not be considered an admission of any allegation
in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant

09800HB2404ham003 - 20 - LRB098 07733 RLC 44127 a
to this Act, except where the issue is whether the Department
has made reasonable efforts to reunite the family. In making
its findings that reasonable efforts have been made or that
good cause has been shown why reasonable efforts cannot prevent
or eliminate the necessity of removal of the minor from his or
her home, the court shall state in writing its findings
concerning the nature of the services that were offered or the
efforts that were made to prevent removal of the child and the
apparent reasons that such services or efforts could not
prevent the need for removal. The parents, guardian, custodian,
temporary custodian and minor shall each be furnished a copy of
such written findings. The temporary custodian shall maintain a
copy of the court order and written findings in the case record
for the child.
The order together with the court's findings of fact and
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from an

09800HB2404ham003 - 21 - LRB098 07733 RLC 44127 a
ex-parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear; and shall explain the right
of the parties and the procedures to vacate or modify a shelter
care order as provided in this Section. The notice for a
shelter care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of
Illinois will present evidence (1) that (name of child or
children) ....................... are abused, neglected or
dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to
remove the child or children from the responsible relative.

09800HB2404ham003 - 22 - LRB098 07733 RLC 44127 a
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a trial
can be held. A trial may not be held for up to 90 days.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they cannot
afford one.
2. To ask the court to continue the hearing to allow
them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and urgent
necessity" to remove the child from home (including:
their ability to care for the child, conditions in the
home, alternative means of protecting the child other
than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate notice
of the Shelter Care Hearing at which temporary custody of
............... was awarded to ................, you have the

09800HB2404ham003 - 23 - LRB098 07733 RLC 44127 a
right to request a full rehearing on whether the State should
have temporary custody of ................. To request this
rehearing, you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by mailing a
statement (affidavit) setting forth the following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining how
the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your
filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the following
rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to present
testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.

09800HB2404ham003 - 24 - LRB098 07733 RLC 44127 a
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may
file an affidavit setting forth these facts, and the clerk
shall set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period specified in Section 3-11, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears

09800HB2404ham003 - 25 - LRB098 07733 RLC 44127 a
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section,
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion to modify or vacate a temporary custody order
on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or

09800HB2404ham003 - 26 - LRB098 07733 RLC 44127 a
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 90-590, eff. 1-1-99.)
(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

09800HB2404ham003 - 27 - LRB098 07733 RLC 44127 a
believe that the minor is addicted, the minor, his or her
parent, guardian, custodian and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or
custodian if the parent, guardian or custodian appears to take
custody and agrees to abide by a court order which requires the
minor and his or her parent, guardian, or legal custodian 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 shall
include any agency of the State which has been given custody or
wardship of the child.
The Court shall require documentation by representatives
of the Department of Children and Family Services or the
probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the
minor from his or her home, and shall consider the testimony of
any person as to those reasonable efforts. If the court finds
that it is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of another
that the minor be or placed in a shelter care facility or that
he or she is likely to flee the jurisdiction of the court, and
further, finds that reasonable efforts have been made or good
cause has been shown why reasonable efforts cannot prevent or

09800HB2404ham003 - 28 - LRB098 07733 RLC 44127 a
eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care and order that the
minor be kept in a suitable place designated by the court or in
a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency, or in a facility or program licensed by the Department
of Human Services for shelter and treatment services; otherwise
it shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with
the court's order, comply with Section 7 of the Children and
Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and Family
Services or a licensed child welfare agency, or in a facility
or program licensed by the Department of Human 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 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

09800HB2404ham003 - 29 - LRB098 07733 RLC 44127 a
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court shall state in writing its findings concerning
the nature of the services that were offered or the efforts
that were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian, temporary
custodian and minor shall each be furnished a copy of such
written findings. The temporary custodian shall maintain a copy
of the court order and written findings in the case record for
the child. The order together with the court's findings of fact
in support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, he or she

09800HB2404ham003 - 30 - LRB098 07733 RLC 44127 a
may file his or her affidavit setting forth these facts, and
the clerk shall set the matter for rehearing not later than 24
hours, excluding Sundays and legal holidays, after the filing
of the affidavit. At the rehearing, the court shall proceed in
the same manner as upon the original hearing.
(4) If the minor is not brought before a judicial officer
within the time period as specified in Section 4-8, the minor
must immediately be released from custody.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a
detention home or county or municipal jail. This Section shall
in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 17 years of age must be
kept separate from confined adults and may not at any time be
kept in the same cell, room or yard with adults confined
pursuant to the criminal law.
(7) If 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

09800HB2404ham003 - 31 - LRB098 07733 RLC 44127 a
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
vacate its finding of probable cause, the court may order that

09800HB2404ham003 - 32 - LRB098 07733 RLC 44127 a
appropriate services be continued or initiated in behalf of the
minor and his or her family.
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff.
1-1-99.)"; and
by inserting after the last line of Sec. 5-120 of Section 5 the
following:
"(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 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed
robbery when the armed robbery was committed with a firearm, or
(v) aggravated vehicular hijacking when the hijacking was
committed with a firearm.

09800HB2404ham003 - 33 - LRB098 07733 RLC 44127 a
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, 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 have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict

09800HB2404ham003 - 34 - LRB098 07733 RLC 44127 a
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 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 sentence the minor accordingly having available to
it any or all dispositions so prescribed.

09800HB2404ham003 - 35 - LRB098 07733 RLC 44127 a
(2) (Blank).
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 while in
school, regardless of the time of day or the time of year, or
on the real property comprising any school, regardless of the
time of day or the time of year. School is defined, for
purposes of this Section as any public or private elementary or
secondary school, community college, college, or university.
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 (3) 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 under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, 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

09800HB2404ham003 - 36 - LRB098 07733 RLC 44127 a
paragraph (a) of this subsection (3) 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 laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), 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 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

09800HB2404ham003 - 37 - LRB098 07733 RLC 44127 a
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(4) (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 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961 or the Criminal Code of 2012.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, the
State's Attorney may proceed on any lesser charge or charges,

09800HB2404ham003 - 38 - LRB098 07733 RLC 44127 a
but only in Juvenile Court under the provisions of this
Article. The State's Attorney may proceed under the criminal
laws of this State on a lesser charge if before trial the minor
defendant knowingly and with advice of counsel waives, in
writing, 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 first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
(ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;

09800HB2404ham003 - 39 - LRB098 07733 RLC 44127 a
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 his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether 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 delinquent 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 best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.

09800HB2404ham003 - 40 - LRB098 07733 RLC 44127 a
(5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 or the Criminal Code
of 2012 when the minor is subject to prosecution under the
criminal laws of this State as a result of the application of
the provisions of Section 5-125, or subsection (1) or (2) of
this Section. 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 (5), 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 under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, 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 (5) 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 laws of this State.
(c) (i) If after trial or plea the minor is convicted of

09800HB2404ham003 - 41 - LRB098 07733 RLC 44127 a
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
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 his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether 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 delinquent 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

09800HB2404ham003 - 42 - LRB098 07733 RLC 44127 a
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
(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 17 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 his or her
18th 17th birthday even though 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

09800HB2404ham003 - 43 - LRB098 07733 RLC 44127 a
minor, with the consent of 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.
(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;

09800HB2404ham003 - 44 - LRB098 07733 RLC 44127 a
(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 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).
The changes made to this Section by this amendatory Act of
the 98th General Assembly apply to a minor who has been
arrested or taken into custody on or after the effective date
of this amendatory Act.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)".