Bill Text: IL HB3973 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-04-12 - Added Co-Sponsor Rep. Dave Vella [HB3973 Detail]

Download: Illinois-2023-HB3973-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3973 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/2-3 from Ch. 37, par. 802-3
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-18 from Ch. 37, par. 802-18
705 ILCS 405/2-21 from Ch. 37, par. 802-21
705 ILCS 405/2-27 from Ch. 37, par. 802-27
Amends the Juvenile Court Act of 1987. In the Abused, Neglected, or Dependent Minors Article of the Act, provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of moderate to severe harm to the child's health, well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm. Provides that in making a custody determination, the court shall presume that it is consistent with the health, safety, and best interests of the minor to remain in the custody of a parent, guardian, or custodian who experienced domestic violence, unless the court has determined that the parent, guardian, or custodian who experienced domestic violence has committed acts or omissions unrelated to domestic violence against that parent, guardian, or custodian that is sufficient to independently support a determination of abuse or neglect under the Act. Defines "domestic violence".
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A BILL FOR
HB3973 LRB103 30999 RLC 57605 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 2-3, 2-10, 2-18, 2-21, and 2-27 as
follows:
(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.

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(4) "Association" means any organization, public or
private, engaged in welfare functions which include services
to or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
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

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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
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.
(6.6) "Domestic violence" has the meaning ascribed to it
in paragraphs (1) and (3) of Section 103 of the Illinois
Domestic Violence Act of 1986 and includes a violation of
Section 12-4.4a of the Criminal Code of 2012.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under

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the Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with 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

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(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
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

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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 him and
to provide him with food, shelter, education and ordinary
medical care, except as these are limited by residual parental
rights and responsibilities and the rights and
responsibilities of the guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents 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

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12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the

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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 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.
(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

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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 his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;

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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
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
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

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under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 102-538, eff. 8-20-21.)
(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
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 his or her
well-being, including adequate food, clothing and shelter,

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or who is abandoned by 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 his or her welfare. An environment is
injurious if conditions in the child's environment create
a real, significant and imminent likelihood of moderate to
severe harm to the child's health, well-being, or welfare
and the parent or caretaker blatantly disregarded his or
her parental responsibility to prevent or mitigate such
harm; or
(c) any 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, as now or hereafter amended, or

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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 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 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;
(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

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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
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

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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,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to

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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
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

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included herein solely for the purpose of qualifying for
financial assistance for 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 405/2-10) (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 through

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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. It shall be presumed to be
consistent with the health, safety, and best interest of the
minor to be released to a parent, guardian, or custodian who
experienced domestic violence unless the court has determined
that this parent, guardian, or custodian who experienced
domestic violence has committed acts or omissions unrelated to
incidents of domestic violence against the parent, guardian,
or custodian that is sufficient to independently support a
determination of abuse or neglect under this Act. 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 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

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the minor, the court may also prescribe shelter care and order
that the minor be kept in a suitable place designated by the
court or in a shelter care facility designated by the
Department of Children and Family Services or a licensed child
welfare agency; however, on and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department of Children and Family Services
by any court, except a minor less than 16 years of age and
committed to the Department of Children and Family Services
under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists; and
on and after January 1, 2017, a minor charged with a criminal
offense under the Criminal Code of 1961 or the Criminal Code of
2012 or adjudicated delinquent shall not be placed in the
custody of or committed to the Department of Children and
Family Services by any court, except a minor less than 15 years
of age and committed to the Department of Children and Family
Services under Section 5-710 of this Act or a minor for whom an
independent basis of abuse, neglect, or dependency exists. An
independent basis exists when the allegations or adjudication
of abuse, neglect, or dependency do not arise from the same
facts, incident, or circumstances which give rise to a charge
or adjudication of delinquency.

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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 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,

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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.
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

HB3973 - 22 - LRB103 30999 RLC 57605 b
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the

HB3973 - 23 - LRB103 30999 RLC 57605 b
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any
stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan or
subsequently developed Sibling Contact Support Plan. Nothing

HB3973 - 24 - LRB103 30999 RLC 57605 b
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe there
is an immediate need to protect the child's health, safety,
and welfare. Such restrictions or terminations must be based
on available facts to the Department and its assigns when
viewed in light of the surrounding circumstances and shall
only occur on an individual case-by-case basis. The Department
shall file with the court and serve on the parties any
amendments to the plan within 10 days, excluding weekends and
holidays, of the change of the visitation.
Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that it
is consistent with the health, safety and best interests of
the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings

HB3973 - 25 - LRB103 30999 RLC 57605 b
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 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

HB3973 - 26 - LRB103 30999 RLC 57605 b
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,
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
attorney and to the last known address of the other person or
persons entitled to notice. The notice shall also state the

HB3973 - 27 - LRB103 30999 RLC 57605 b
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
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of

HB3973 - 28 - LRB103 30999 RLC 57605 b
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
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to

HB3973 - 29 - LRB103 30999 RLC 57605 b
................, 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
dependent.
b. Whether there is "immediate and urgent

HB3973 - 30 - LRB103 30999 RLC 57605 b
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).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor

HB3973 - 31 - LRB103 30999 RLC 57605 b
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
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

HB3973 - 32 - LRB103 30999 RLC 57605 b
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
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

HB3973 - 33 - LRB103 30999 RLC 57605 b
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.
(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).
(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

HB3973 - 34 - LRB103 30999 RLC 57605 b
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
(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

HB3973 - 35 - LRB103 30999 RLC 57605 b
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 405/2-18) (from Ch. 37, par. 802-18)
Sec. 2-18. Evidence.
(1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules of
evidence in the nature of civil proceedings in this State are
applicable to proceedings under this Article. If the petition
also seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29,
the court may also consider legally admissible evidence at the
adjudicatory hearing that one or more grounds of unfitness
exists under subdivision D of Section 1 of the Adoption Act.
(2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
(a) proof that a minor has a medical diagnosis of
battered child syndrome is prima facie evidence of abuse;
(b) proof that a minor has a medical diagnosis of
failure to thrive syndrome is prima facie evidence of
neglect;

HB3973 - 36 - LRB103 30999 RLC 57605 b
(c) proof that a minor has a medical diagnosis of
fetal alcohol syndrome is prima facie evidence of neglect;
(d) proof that a minor has a medical diagnosis at
birth of withdrawal symptoms from narcotics or
barbiturates is prima facie evidence of neglect;
(e) proof of injuries sustained by a minor or of the
condition of a minor of such a nature as would ordinarily
not be sustained or exist except by reason of the acts or
omissions of the parent, custodian or guardian of such
minor shall be prima facie evidence of abuse or neglect,
as the case may be;
(f) proof that a parent, custodian or guardian of a
minor repeatedly used a drug, to the extent that it has or
would ordinarily have the effect of producing in the user
a substantial state of stupor, unconsciousness,
intoxication, hallucination, disorientation or
incompetence, or a substantial impairment of judgment, or
a substantial manifestation of irrationality, shall be
prima facie evidence of neglect;
(g) proof that a parent, custodian, or guardian of a
minor repeatedly used a controlled substance, as defined
in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, in the presence of the minor or
a sibling of the minor is prima facie evidence of neglect.
"Repeated use", for the purpose of this subsection, means
more than one use of a controlled substance as defined in

HB3973 - 37 - LRB103 30999 RLC 57605 b
subsection (f) of Section 102 of the Illinois Controlled
Substances Act;
(h) proof that a newborn infant's 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 of a controlled
substance, with the exception of controlled substances or
metabolites of those substances, the presence of which is
the result of medical treatment administered to the mother
or the newborn, is prime facie evidence of neglect;
(i) proof that a minor was present in a structure or
vehicle in which the minor's parent, custodian, or
guardian was involved in the manufacture of
methamphetamine constitutes prima facie evidence of abuse
and neglect;
(j) proof that a parent, custodian, or guardian of a
minor allows, encourages, or requires a minor to perform,
offer, or agree to perform any act of sexual penetration
as defined in Section 11-0.1 of the Criminal Code of 2012
for any money, property, token, object, or article or
anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value,
for the purpose of sexual arousal or gratification,
constitutes prima facie evidence of abuse and neglect;
(k) proof that a parent, custodian, or guardian of a

HB3973 - 38 - LRB103 30999 RLC 57605 b
minor 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, constitutes prima facie evidence of
abuse and neglect.
(3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible
evidence on the issue of the abuse, neglect or dependency of
any other minor for whom the respondent is responsible.
(4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of an
entry in a book or otherwise, made as a memorandum or record of
any condition, act, transaction, occurrence or event relating
to a minor in an abuse, neglect or dependency proceeding,
shall be admissible in evidence as proof of that condition,
act, transaction, occurrence or event, if the court finds that
the document was made in the regular course of the business of
the hospital or agency and that it was in the regular course of
such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A
certification by the head or responsible employee of the
hospital or agency that the writing, record, photograph or
x-ray is the full and complete record of the condition, act,
transaction, occurrence or event and that it satisfies the
conditions of this paragraph shall be prima facie evidence of

HB3973 - 39 - LRB103 30999 RLC 57605 b
the facts contained in such certification. A certification by
someone other than the head of the hospital or agency shall be
accompanied by a photocopy of a delegation of authority signed
by both the head of the hospital or agency and by such other
employee. All other circumstances of the making of the
memorandum, record, photograph or x-ray, including lack of
personal knowledge of the maker, may be proved to affect the
weight to be accorded such evidence, but shall not affect its
admissibility.
(b) Any indicated report filed pursuant to the Abused and
Neglected Child Reporting Act shall be admissible in evidence.
(c) Previous statements made by the minor relating to any
allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and
not subject to cross-examination, shall be sufficient in
itself to support a finding of abuse or neglect.
(d) There shall be a rebuttable presumption that a minor
is competent to testify in abuse or neglect proceedings. The
court shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers with
only the court, the court reporter and attorneys for the
parties present.
(e) The privileged character of communication between any
professional person and patient or client, except privilege
between attorney and client or the privilege between a
domestic violence advocate or counselor and victim under

HB3973 - 40 - LRB103 30999 RLC 57605 b
Section 227 of the Illinois Domestic Violence Act, and
privilege between a rape counselor and victim under the
Section 8-802.1 of the Code of Civil Procedure, shall not
apply to proceedings subject to this Article.
(f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of the
failure of the respondent to exercise a minimum degree of care
toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment lessened
during a period when the minor was in the care, custody or
supervision of a person or agency other than the respondent.
(5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under the
School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that
a minor who is 13 years of age or older who is subject to
compulsory school attendance under the School Code is a
chronic truant shall raise a rebuttable presumption of neglect
by the parent or guardian. This subsection (5) shall not apply
in counties with 2,000,000 or more inhabitants.
(6) In any hearing under this Act, the court may take
judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the

HB3973 - 41 - LRB103 30999 RLC 57605 b
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in
admitting hearsay evidence at a hearing where it would
otherwise be prohibited.
(Source: P.A. 96-1464, eff. 8-20-10; 97-897, eff. 1-1-13;
97-1150, eff. 1-25-13.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return
receipt or receipts for notice by certified mail, or
certificate or certificates of publication have been filed in
the court record. The court shall enter any appropriate orders
of default against any parent who has been properly served in
any manner and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a parent
who was properly served in any manner, except as required by
Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent.

HB3973 - 42 - LRB103 30999 RLC 57605 b
If it finds that the minor is not such a person, the court
shall order the petition dismissed and the minor discharged.
The court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing
the factual basis supporting that determination, and specify,
to the extent possible, the acts or omissions or both of each
parent, guardian, or legal custodian that form the basis of
the court's findings. In making such findings, domestic
violence against a parent, guardian, or custodian even in the
presence of the minor shall not be construed as the acts or
omissions of the parent, guardian, or custodian who
experienced domestic violence and any findings must be based
upon acts or omissions of that parent, guardian, or custodian
unrelated to incidents of domestic violence against the
parent, guardian, or custodian that are sufficient to
independently support a determination of abuse or neglect
under this Act. That finding shall appear in the order of the
court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan,
and correct the conditions that require the child to be in

HB3973 - 43 - LRB103 30999 RLC 57605 b
care, or risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Illinois State Police, which shall
include that information in its report to the President of the
school board for a school district that requests a criminal
history records check of that person, or the regional
superintendent of schools who requests a check of that person,
as required under Section 10-21.9 or 34-18.5 of the School
Code.
(2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused
or neglected or dependent, the court shall then set a time not
later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22
at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the
minor and the public that he be made a ward of the court. To
assist the court in making this and other determinations at
the dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history
and condition, family situation and background, economic
status, education, occupation, history of delinquency or

HB3973 - 44 - LRB103 30999 RLC 57605 b
criminality, personal habits, and any other information that
may be helpful to the court. The dispositional hearing may be
continued once for a period not to exceed 30 days if the court
finds that such continuance is necessary to complete the
dispositional report.
(3) The time limits of this Section may be waived only by
consent of all parties and approval by the court, as
determined to be consistent with the health, safety and best
interests of the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be held
within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a
parent at the initial dispositional hearing if all of the
following conditions are met:
(i) the original or amended petition contains a
request for termination of parental rights and appointment
of a guardian with power to consent to adoption; and
(ii) the court has found by a preponderance of
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of
the court as an abused, neglected, or dependent minor
under Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing

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that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the rules
of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and
public that the child be made a ward of the court;
(A-5) reasonable efforts under subsection (l-1) of
Section 5 of the Children and Family Services Act are
inappropriate or such efforts were made and were
unsuccessful; and
(B) termination of parental rights and appointment
of a guardian with power to consent to adoption is in
the best interest of the child pursuant to Section
2-29.
(Source: P.A. 102-538, eff. 8-20-21.)
(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 a parent
the parents, guardian, or legal custodian of a minor adjudged
a ward of the court is are unfit or is are unable, for a reason
sufficient and independent from financial circumstances or
domestic violence against a parent, guardian, or custodian who
experienced domestic violence, for some reason other than
financial circumstances alone, to care for, protect, train or

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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 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
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

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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
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

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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
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 he or she has been
appointed guardian at such times as he or she is unable to
perform the duties of 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

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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,
(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.
(1.7) In making a determination under this Section, the
court shall presume that it is consistent with the health,
safety, and best interests of the minor to remain in the
custody of a parent, guardian, or custodian who experienced
domestic violence, unless the court has determined that the
parent, guardian, or custodian who experienced domestic

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violence has committed acts or omissions unrelated to domestic
violence against that parent, guardian, or custodian that is
sufficient to independently support a determination of abuse
or neglect under this Act.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that of
the minor or a private agency controlled by persons of like
religious faith of the minor and shall require the Department
to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever
alternative plans for placement are available, the court shall
ascertain and consider, to the extent appropriate in the
particular case, the views and preferences of the minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the court
shall appoint 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
him or her in accordance with Section 2-29. An agency whose

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representative is appointed guardian of the person or legal
custodian of the minor may place the minor in any child care
facility, but the facility must be licensed under the Child
Care Act of 1969 or have been approved by the Department of
Children and Family Services as meeting the standards
established for such licensing. No agency may place a minor
adjudicated under Sections 2-3 or 2-4 in a child care facility
unless the placement is in compliance with the rules and
regulations for placement under this Section promulgated by
the Department of Children and Family Services under Section 5
of the Children and Family Services Act. Like authority and
restrictions shall be conferred by the court upon any
probation officer who has been appointed guardian of the
person of a minor.
(3) No placement by any probation officer or agency whose
representative is appointed guardian of the person or legal
custodian of a minor may be made in any out of State child care
facility unless it complies with the Interstate Compact on the
Placement of Children. Placement with a parent, however, is
not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of 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

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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.)