(705 ILCS 405/3‑4) (from Ch. 37, par. 803‑4)
Sec. 3‑4.
Taking into limited custody.
(a) A law enforcement officer may, without a warrant, take into limited
custody a minor who the law enforcement officer reasonably determines is (i)
absent from home without consent of the minor's parent, guardian or custodian,
or (ii) beyond the control of his or her parent, guardian or custodian, in
circumstances which constitute a substantial or immediate danger to the minor's
physical safety.
(b) A law enforcement officer who takes a minor into limited custody shall
(i) immediately inform the minor of the reasons for such limited custody,
and (ii) make a prompt, reasonable effort to inform the minor's parents,
guardian, or custodian that the minor has been taken into limited custody
and where the minor is being kept.
(c) If the minor consents, the law enforcement officer shall make a
reasonable effort to transport, arrange for the transportation of or
otherwise release the minor to the parent, guardian or custodian. Upon
release of a minor who is believed to need or would benefit from medical,
psychological, psychiatric or social services, the law enforcement officer
may inform the minor and the person to whom the minor is released of the
nature and location of appropriate services and shall, if requested, assist
in establishing contact between the family and an agency or association
providing such services.
(d) If the law enforcement officer is unable by all reasonable efforts
to contact a parent, custodian, relative or other responsible person; or
if the person contacted lives an unreasonable distance away; or if the
minor refuses to be taken to his or her home or other appropriate residence; or
if the officer is otherwise unable despite all reasonable efforts to make
arrangements for the safe release of the minor taken into limited custody,
the law enforcement officer shall take or make reasonable arrangements for
transporting the minor to an agency or association providing crisis
intervention services, or, where appropriate, to a mental health or
developmental disabilities facility for screening for voluntary or involuntary
admission under Section 3‑500 et seq. of the Illinois Mental Health and
Developmental Disabilities Code; provided that where no crisis intervention
services exist, the minor may be transported for services to court service
departments or probation departments under the court's administration.
(e) No minor shall be involuntarily subject to limited custody for more
than 6 hours from the time of the minor's initial contact with the law
enforcement officer.
(f) No minor taken into limited custody shall be placed in a jail, municipal
lockup, detention center or secure correctional facility.
(g) The taking of a minor into limited custody under this Section is
not an arrest nor does it constitute a police record; and the records of
law enforcement officers concerning all minors taken into limited custody
under this Section shall be maintained separate from the records of arrest
and may not be inspected by or disclosed to the public except by order of
the court. However, such records may be disclosed to the agency or association
providing interim crisis intervention services for the minor.
(h) Any law enforcement agency, juvenile officer or other law enforcement
officer acting reasonably and in good faith in the care of a minor in limited
custody shall be immune from any civil or criminal liability resulting from
such custody.
(Source: P.A. 87‑1154.)
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(705 ILCS 405/3‑5) (from Ch. 37, par. 803‑5)
Sec. 3‑5.
Interim crisis intervention services.
(a) Any minor who
is taken into limited custody, or who independently requests
or is referred for assistance, may be provided crisis intervention services
by an agency or association, as defined in this Act,
provided the association or agency staff (i) immediately investigate the
circumstances of the minor and the facts surrounding the minor being taken
into custody and promptly explain these
facts and circumstances to the minor, and (ii) make a reasonable effort
to inform the minor's parent, guardian or custodian of the fact that the
minor has been taken into limited custody and where the minor is being
kept, and (iii) if the minor consents, make a reasonable effort
to transport, arrange for the transportation of, or otherwise release the
minor to the parent, guardian or custodian. Upon release of the child who
is believed to need or benefit from medical, psychological, psychiatric
or social services, the association or agency may inform the minor and the
person to whom the minor is released of the nature and location of appropriate
services and shall, if requested, assist in establishing contact between
the family and other associations or agencies providing such services. If the
agency or association is unable by all reasonable efforts to contact a parent,
guardian or custodian, or if the person contacted lives an unreasonable
distance away, or if the minor refuses to be taken to his or her home
or other appropriate residence, or if the agency or association is otherwise
unable despite all reasonable efforts to make arrangements for the safe
return of the minor, the minor may be taken to a temporary living
arrangement which is in compliance with the Child Care Act of 1969 or which
is with persons agreed to by the parents and the agency or association.
(b) An agency or association is authorized to permit a minor to be sheltered
in a temporary living arrangement provided the agency seeks to effect the
minor's return home or alternative living arrangements agreeable to the
minor and the parent, guardian or custodian
as soon as practicable. If the parent, guardian or custodian refuses to
permit the minor to return home, and no other living arrangement agreeable
to the minor and the parent, guardian, or custodian can be made, the agency
shall file a petition alleging that the minor is neglected or abused as
described in Section 2‑3 of this Act. No minor shall be sheltered in a
temporary living arrangement for more than 48 hours, excluding Saturdays,
Sundays and court‑designated holidays, without parental consent unless the
agency documents its unsuccessful efforts to contact a parent or guardian,
including recording the date and time and staff involved in all telephone
calls, telegrams, letters, and personal contacts to obtain the consent or
authority, in which case the minor may be so sheltered for not more than 21 days.
(c) Any agency or association or employee thereof acting reasonably and
in good faith in the care of a minor being provided interim crisis
intervention services and shelter care shall be immune from any civil or
criminal liability resulting from such care.
(Source: P.A. 85‑601.)
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(705 ILCS 405/3‑8) (from Ch. 37, par. 803‑8)
Sec. 3‑8.
Duty of officer; admissions by minor.
(1) A law enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's
care or the person with whom the minor resides that the minor has been
taken into custody and where he or she is being held; and the officer shall
without unnecessary delay take the minor to the nearest juvenile police
officer designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city or village
where the offense is alleged to have been committed.
The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of
minors. The court may not designate a place of detention for the reception
of minors, unless the minor is alleged to be a person described in subsection
(3) of Section 5‑105.
(2) A law enforcement officer who takes a minor into custody without
a warrant under Section 3‑7 shall, if the minor is not released, immediately
make a reasonable attempt to notify the parent or other person legally
responsible for the minor's care or the person with whom the minor resides
that the minor has been taken into custody and where the minor is being
held; and the law enforcement officer shall without unnecessary delay take
the minor to the nearest juvenile police officer designated for such
purposes in the county of venue or shall surrender the minor to a juvenile
police officer in the city or village where the offense is alleged to have
been committed, or upon determining the true identity of the minor, may
release the minor to the parent or other person legally responsible for the
minor's care or the person with whom the minor resides, if the minor is taken
into custody for an offense which would be a misdemeanor if committed by an
adult. If a minor is so released, the law enforcement officer shall promptly
notify a juvenile police officer of the circumstances of the custody and
release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to |
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(c) station adjustment, release of the minor to a
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parent, and referral of the case to community services;
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(d) station adjustment, release of the minor to a
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parent, and referral of the case to community services with informal monitoring by a juvenile police officer;
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(e) station adjustment and release of the minor to a
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third person pursuant to agreement of the minor and parents;
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(f) station adjustment, release of the minor to a
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third person pursuant to agreement of the minor and parents, and referral of the case to community services;
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(g) station adjustment, release of the minor to a
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third person pursuant to agreement of the minor and parent, and referral to community services with informal monitoring by a juvenile police officer;
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(h) release of the minor to his or her parents and
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referral of the case to a county juvenile probation officer or such other public officer designated by the court;
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(i) release of the minor to school officials of his
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school during regular school hours;
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(j) if the juvenile police officer reasonably
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believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors; and
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(k) any other appropriate action with consent of the
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(Source: P.A. 90‑590, eff. 1‑1‑99.)
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(705 ILCS 405/3‑12) (from Ch. 37, par. 803‑12)
Sec. 3‑12.
Shelter care hearing.
At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in relation to any
matter connected with the allegations made in the petition.
(1) If the court finds that there is not probable cause to believe
that the minor is a person requiring authoritative intervention, it shall
release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to believe that the
minor is a person requiring authoritative intervention, the minor, his or
her parent, guardian, custodian and other persons able to give relevant
testimony shall be examined before the court. After such testimony, the
court may enter an order that the minor shall be released upon the request
of a parent, guardian or custodian if the parent, guardian or custodian
appears to take custody. Custodian shall include any agency of the State
which has been given custody or wardship of the child. The Court shall require
documentation by representatives of the Department of Children and Family
Services or the probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the minor from his
or her home, and shall consider the testimony of any person as to those
reasonable efforts. If the court finds that it is a
matter of immediate and urgent necessity for the protection of the minor
or of the person or property of another that the minor be
placed in a shelter care facility, or that he or she is likely to flee the
jurisdiction of the court, and further finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts cannot
prevent or eliminate the necessity of removal of the minor from his or her
home, the court may prescribe shelter care and order that the minor be kept
in a suitable place designated by the court or in a shelter care facility
designated by the Department of Children and Family Services or a licensed
child welfare agency; otherwise it shall release the minor from custody.
If the court prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent
compatible with the court's order, comply with Section 7 of the Children and
Family Services Act. If
the minor is ordered placed in a shelter care facility of the Department of
Children and Family Services or a licensed child welfare agency, the court
shall, upon request of the Department or other agency, appoint the
Department of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to the minor or
his family to ameliorate the causes contributing to the finding of probable
cause or to the finding of the existence of immediate and urgent necessity.
Acceptance of services shall not be considered an admission of any
allegation in a petition made pursuant to this Act, nor may a referral of
services be considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that reasonable
efforts have been made or that good cause has been shown why reasonable
efforts cannot prevent or eliminate the necessity of removal of the minor
from his or her home, the court shall state in writing its findings
concerning the nature of the services that were offered or the efforts that
were made to prevent removal of the child and the apparent reasons that such
services or efforts could not prevent the need for removal. The parents,
guardian, custodian, temporary custodian and minor shall each be furnished
a copy of such written findings. The temporary custodian shall maintain a
copy of the court order and written findings in the case record for the
child.
The order together with the court's findings of fact and support thereof
shall be entered of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that such placement is no longer necessary for the
protection of the minor.
(3) If prior to the shelter care hearing for a minor described in
Sections 2‑3, 2‑4, 3‑3 and 4‑3 the petitioner is unable to serve notice on the
party respondent, the shelter care hearing may proceed ex‑parte. A shelter
care order from an ex‑parte hearing shall be endorsed with the date and
hour of issuance and shall be filed with the clerk's office and entered of
record. The order shall expire after 10 days from the time it is issued
unless before its expiration it is renewed, at a hearing upon appearance
of the party respondent, or upon an affidavit of the moving party as to all
diligent efforts to notify the party respondent by notice as herein
prescribed. The notice prescribed shall be in writing and shall be
personally delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to notice. The
notice shall also state the nature of the allegations, the nature of the
order sought by the State, including whether temporary custody is sought,
and the consequences of failure to appear; and shall explain the right of
the parties and the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care hearing shall be
substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of Illinois will
present evidence (1) that (name of child or children)
....................... are abused, neglected or dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to remove the child
or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN PLACEMENT of the
child or children in foster care until a trial can be held. A trial may
not be held for up to 90 days.
At the shelter care hearing, parents have the following rights:
1. To ask the court to appoint a lawyer if they |
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2. To ask the court to continue the hearing to allow
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3. To present evidence concerning:
a. Whether or not the child or children were
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abused, neglected or dependent.
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b. Whether or not there is "immediate and urgent
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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).
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c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate notice of the
Shelter Care Hearing at which temporary custody of ............... was
awarded to ................, you have the right to request a full rehearing
on whether the State should have temporary custody of ................. To
request this rehearing, you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by mailing a statement
(affidavit) setting forth the following:
1. That you were not present at the shelter care
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2. That you did not get adequate notice (explaining
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how the notice was inadequate).
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3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your filing this
affidavit.
At the rehearing, your rights are the same as at the initial shelter care
hearing. The enclosed notice explains those rights.
At the Shelter Care Hearing, children have the following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
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present testimony concerning:
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a. Whether they are abused, neglected or
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b. Whether there is "immediate and urgent
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necessity" to be removed from home.
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c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
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(4) If the parent, guardian, legal custodian, responsible relative, or
counsel of the minor did not have actual notice of or was not present at
the shelter care hearing, he or she may file an affidavit setting forth
these facts, and the clerk shall set the matter for rehearing not later
than 48 hours, excluding Sundays and legal holidays, after the filing of
the affidavit. At the rehearing, the court shall proceed in the same manner
as upon the original hearing.
(5) Only when there is reasonable cause to believe that the minor taken
into custody is a person described in subsection (3) of Section 5‑105 may the minor
be kept or
detained in a detention home or county or municipal jail. This Section
shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a jail or place
ordinarily used for the confinement of prisoners in a police station. Minors
under 17 years of age must be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard with adults confined
pursuant to the criminal law.
(7) If the minor is not brought before a judicial officer within the
time period specified in Section 3‑11, the minor must immediately be
released from custody.
(8) If neither the parent, guardian or custodian appears within 24
hours to take custody of a minor released upon request pursuant to
subsection (2) of this Section, then the clerk of the court shall set the
matter for rehearing not later than 7 days after the original order and
shall issue a summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not appear at such
rehearing, the judge may enter an order prescribing that the minor be kept
in a suitable place designated by the Department of Children and Family
Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section, any interested
party, including the State, the temporary custodian, an agency providing
services to the minor or family under a service plan pursuant to Section
8.2 of the Abused and Neglected Child Reporting Act, foster parent, or any
of their representatives, on notice to all parties entitled to notice, may
file a motion to modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and urgent
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necessity that the minor remain in shelter care; or
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(b) There is a material change in the circumstances
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of the natural family from which the minor was removed; or
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(c) A person, including a parent, relative or legal
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guardian, is capable of assuming temporary custody of the minor; or
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(d) Services provided by the Department of Children
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and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody.
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The clerk shall set the matter for hearing not later than 14 days after
such motion is filed. In the event that the court modifies or vacates a
temporary custody order but does not vacate its finding of probable cause,
the court may order that appropriate services be continued or initiated in
behalf of the minor and his or her family.
(Source: P.A. 90‑590, eff. 1‑1‑99.)
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(705 ILCS 405/3‑14) (from Ch. 37, par. 803‑14)
Sec. 3‑14.
Preliminary conferences.
(1) The court may authorize the probation officer to confer in a
preliminary conference with any person seeking to file a petition under
Section 3‑15, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition.
The probation officer should schedule a conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that he or she will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 3‑11.
(3) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to his or her conviction
thereunder.
(5) The probation officer shall promptly formulate a written,
non‑judicial adjustment plan following the initial conference.
(6) Non‑judicial adjustment plans include but are not limited to the
following:
(a) up to 6 months informal supervision within |
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(b) up to 6 months informal supervision with a
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probation officer involved;
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(c) up to 6 months informal supervision with release
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to a person other than parent;
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(d) referral to special educational, counseling or
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other rehabilitative social or educational programs;
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(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the
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(7) The factors to be considered by the probation officer in formulating
a written non‑judicial adjustment plan shall be the same as those limited
in subsection (4) of Section 5‑405.
(Source: P.A. 90‑590, eff. 1‑1‑99.)
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(705 ILCS 405/3‑16) (from Ch. 37, par. 803‑16)
Sec. 3‑16.
Date for adjudicatory hearing.
(a) Until January 1, 1988:
(1) When a petition has been
filed alleging that the minor requires authoritative intervention, an
adjudicatory hearing shall be held within 120
days. The 120 day period in which an adjudicatory hearing shall be held is
tolled by: (A) delay occasioned by the minor; (B) a continuance allowed
pursuant to Section 114‑4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for trial; or (C)
an interlocutory appeal. Any such delay shall temporarily suspend for the
time of the delay the period within which the adjudicatory hearing must be
held. On the day of expiration of the delay, the said period shall
continue at the point at which it was suspended. Where no such adjudicatory
hearing is held within 120 days, the
court may, on written motion of a minor's guardian ad litem, dismiss the
petition with respect to such minor. Such dismissal shall be without
prejudice.
Where the court determines that the State exercised, without success, due
diligence to obtain evidence material to the case, and that there are
reasonable grounds to believe that such evidence may be obtained at a later
date, the court may, upon written motion by the State, continue the matter
for not more than 30 additional days.
(2) In the case of a minor ordered held in shelter care, the hearing on
the petition must be held within 10 judicial days from the date of the
order of the court directing shelter care or the earliest possible date in
compliance with the notice provisions of
Sections 3‑17 and 3‑18 as to the custodial parent, guardian or legal
custodian, but no later than 30 judicial days from the date of the order
of the court directing shelter care. Delay occasioned by the
respondent shall temporarily suspend, for the time of the delay, the period
within which a respondent must be tried pursuant to this Section.
Upon failure to comply with the time limits specified in this subsection
(a)(2), the minor shall be immediately released. The time limits specified in
subsection (a)(1) shall still apply.
(3) Nothing in this Section prevents the minor's exercise of his or her
right to waive any time limits set forth in this Section.
(b) Beginning January 1, 1988:
(1) (A) When a petition has been filed alleging that the minor requires
authoritative intervention, an adjudicatory hearing shall be held
within 120 days of a demand made by any party, except that when the court
determines that the State, without success, has exercised due diligence to
obtain evidence material to the case and that there are reasonable grounds
to believe that such evidence may be obtained at a later date, the court
may, upon motion by the State, continue the adjudicatory hearing for not
more than 30 additional days.
The 120 day period in which an adjudicatory hearing shall be held is
tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed
pursuant to Section 114‑4 of the Code of
Criminal Procedure of 1963 after a court's determination of the minor's
physical incapacity for trial; or (iii) an interlocutory appeal.
Any such delay shall temporarily suspend, for the time of the delay, the
period within which the adjudicatory hearing must be held. On the day of
expiration of the delay, the said period shall continue at the point at
which it was suspended.
(B) When no such adjudicatory hearing is held within the time required
by paragraph (b)(1)(A) of this Section, the court shall, upon motion by
any party, dismiss the petition with prejudice.
(2) Without affecting the applicability of the tolling and multiple
prosecution provisions of paragraph (b)(1) of this Section, when a petition
has been filed alleging that the minor requires authoritative intervention
and the minor is in shelter care, the adjudicatory hearing
shall be held within 10 judicial days after the date of the order directing
shelter care, or the earliest possible date in compliance with
the notice provisions of Sections 3‑17 and 3‑18 as to the custodial parent,
guardian or legal custodian, but no later than 30 judicial days from the
date of the order of the court directing shelter care.
(3) Any failure to comply with the time limits of paragraph (b)(2) of
this Section shall require the immediate
release of the minor from shelter care, and the time limits of
paragraph (b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the minor's parents or
guardian from exercising their respective rights to waive the time limits
set forth in this Section.
(Source: P.A. 85‑601.)
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(705 ILCS 405/3‑19) (from Ch. 37, par. 803‑19)
Sec. 3‑19.
Guardian ad litem.
(1) Immediately upon the filing of a
petition alleging that the minor requires authoritative intervention,
the court may appoint a guardian ad litem for the minor if
(a) such petition alleges that the minor is the |
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victim of sexual abuse or misconduct; or
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(b) such petition alleges that charges alleging the
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commission of any of the sex offenses defined in Article 11 or in Sections 12‑13, 12‑14, 12‑14.1, 12‑15 or 12‑16 of the Criminal Code of 1961, as amended, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
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(2) Unless the guardian ad litem appointed pursuant to paragraph
(1) is an attorney at law he shall be represented in the performance
of his duties by counsel.
(3) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of
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the minor appears at the first or any subsequent hearing of the case;
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(b) the petition prays for the appointment of a
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guardian with power to consent to adoption; or
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(c) the petition for which the minor is before the
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court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
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(4) The court may appoint a guardian ad litem for the minor whenever
it finds that there may be a conflict of interest between the minor and
his parents or other custodian or that it is otherwise in the minor's
interest to do so.
(5) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the
minor, to the extent they are able to pay. If the parents are unable to
pay those fees, they shall be paid from the general fund of the county.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96.)
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(705 ILCS 405/3‑23) (from Ch. 37, par. 803‑23)
Sec. 3‑23.
Dispositional hearing; evidence; continuance.
(1) At the
dispositional hearing, the court shall determine whether it is in the best
interests of the minor and the public that he be made a ward of the court,
and, if he is to be made a ward of the court, the court shall determine the
proper disposition best serving the interests of the minor and the public.
All evidence helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to the extent of
its probative value, even though not competent for the purposes of the
adjudicatory hearing.
(2) Notice in compliance with Sections 3‑17 and 3‑18 must be given to all
parties‑respondent prior to proceeding to a dispositional hearing. Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted for inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
3‑21, whether successfully completed or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent, guardian,
custodian, responsible relative or counsel, the court may adjourn the
hearing for a reasonable period to receive reports or other evidence. In
scheduling investigations and hearings, the court shall give priority to
proceedings in which a minor has been removed from his or her home before
an order of disposition has been made.
(Source: P.A. 85‑601.)
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(705 ILCS 405/3‑26) (from Ch. 37, par. 803‑26)
Sec. 3‑26.
Order of protection.
(1) The court may make an order of
protection in assistance of or as a
condition of any other order authorized by this Act. The order of
protection may set forth reasonable conditions of behavior to be observed
for a specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated |
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(c) To abstain from offensive conduct against the
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minor, his parent or any person to whom custody of the minor is awarded;
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(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to
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which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
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(f) To prohibit and prevent any contact whatsoever
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with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
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(g) To refrain from acts of commission or omission
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that tend to make the home not a proper place for the minor.
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery under Section 12‑4.1,
aggravated battery of a child under Section 12‑4.3, criminal sexual assault
under Section 12‑13, aggravated criminal sexual assault under Section
12‑14,
predatory criminal sexual assault of a child under Section 12‑14.1,
criminal sexual abuse under Section 12‑15, or aggravated criminal
sexual abuse under Section 12‑16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the
order of protection to the Department of State Police within 24
hours of
receipt, in the form and manner required by the Department. The Department
of State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act. Any person against whom
an order of protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held. When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1‑5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued,
the sheriff, other law enforcement official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 89‑428, eff. 12‑13‑95; 89‑462, eff. 5‑29‑96; 90‑655, eff.
7‑30‑98.)
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(705 ILCS 405/3‑28) (from Ch. 37, par. 803‑28)
Sec. 3‑28.
Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian or legal custodian
of a minor adjudged a ward of the court are unfit or are unable, for
some reason other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do so, and that
appropriate services aimed at family preservation and family reunification
have been unsuccessful in rectifying the conditions which have led to such
a finding of unfitness or inability to care for, protect, train or
discipline the minor, and that it is in the best interest of the minor to
take him from the custody of his parents, guardian or custodian, the court may:
(a) place him in the custody of a suitable relative |
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(b) place him under the guardianship of a probation
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(c) commit him to an agency for care or placement,
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except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
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(d) commit him to some licensed training school or
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(e) commit him to any appropriate institution having
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among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Corrections or of the Department of Children and Family Services.
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(2) When making such placement, the court, wherever possible, shall
select a person holding the same religious belief as that of the minor
or a private agency controlled by persons of like religious faith of the
minor and shall require the Department of Children and Family Services to
otherwise comply with Section 7 of the
Children and Family Services Act in placing the child. In addition, whenever
alternative plans for placement are
available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or other person,
the court shall appoint him the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and
duties set forth in paragraph (9) of Section 1‑3 except as otherwise
provided by order of the court; but no guardian of the person may consent
to adoption of the minor unless that authority is conferred upon him in
accordance with Section 3‑30. An agency whose representative is appointed
guardian of the person or legal custodian of the minor may place him in any
child care facility, but such facility must be licensed under the Child
Care Act of 1969 or have been approved by the Department of Children and
Family Services as meeting the standards established for such licensing. No
agency may place such minor in a child care facility unless such placement
is in compliance with the rules and regulations for placement under this
Section promulgated by the Department of Children and Family Services
under Section 5 of "An Act creating the Department of Children and Family
Services, codifying its powers and duties, and repealing certain Acts and
Sections herein named". Like authority and restrictions shall be conferred
by the court upon any probation officer who has been appointed guardian of
the person of a minor.
(4) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children.
(5) The clerk of the court shall issue to such legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(6) Custody or guardianship granted hereunder continues until the
court otherwise directs, but not after the minor reaches the age of 19
years except as set forth in Section 3‑32.
(Source: P.A. 89‑422.)
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(705 ILCS 405/3‑30) (from Ch. 37, par. 803‑30)
Sec. 3‑30.
Adoption; appointment of guardian with power to consent.
(1) A ward of the court under this Act, with the consent of the court,
may be the subject of a petition for adoption under "An Act in relation to
the adoption of persons, and to repeal an Act therein named", approved July
17, 1959, as amended, or with like consent his or her parent or parents
may, in the manner required by such Act, surrender him or her for adoption
to an agency legally authorized or licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the best
interests of the minor that a guardian of the person be appointed and
authorized to consent to the adoption of the minor, the court with the
consent of the parents, if living, or after finding, based upon clear
and convincing evidence, that a non‑consenting
parent is an unfit person as defined in Section 1 of "An Act in relation
to the adoption of persons, and to repeal an Act therein named", approved
July 17, 1959, as amended, may empower the guardian of the
person of the minor, in the order appointing him or her as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption terminates parental rights, deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for him or her, and frees the minor from all
obligations of maintenance and obedience to his or her natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the
unfitness of a non‑consenting parent.
(3) Parental consent to the order authorizing the guardian of the person
to consent to adoption of the Minor shall be given in open court whenever
possible and otherwise must be in writing and signed in the form provided
in "An Act in relation to the adoption of persons, and to repeal an Act
therein named", approved July 17, 1959, as amended,
but no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with that
Act and be based upon clear and convincing
evidence. Provisions of that Act relating to minor parents and to mentally ill
or mentally deficient parents apply to proceedings under this Section and
shall be based upon clear and convincing evidence.
(Source: P.A. 85‑601.)
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(705 ILCS 405/3‑31) (from Ch. 37, par. 803‑31)
Sec. 3‑31.
Notice to putative father; service.
1. Upon the written request to any Clerk of any Circuit Court
by any interested party, including persons intending to adopt a child, a
child welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to |
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the Clerk an original and one copy of a notice together with an Affidavit setting forth the putative father's last known address. The original notice shall be retained by the Clerk.
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(b) The Clerk forthwith shall mail to the putative
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father, at the address appearing in the Affidavit, the copy of the notice, certified mail, return receipt requested; the envelope and return receipt shall bear the return address of the Clerk. The receipt for certified mail shall state the name and address of the addressee, and the date of mailing, and shall be attached to the original notice.
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(c) The return receipt, when returned to the Clerk,
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shall be attached to the original notice, and shall constitute proof of service.
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(d) The Clerk shall note the fact of service in a
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2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date).
Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or
Judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(705 ILCS 405/3‑33) (from Ch. 37, par. 803‑33)
Sec. 3‑33.
Truant Minor in Need of Supervision.
(a) Definition. A
minor who is reported by a regional superintendent of schools,
or in cities of over 500,000 inhabitants, by the Office of Chronic Truant
Adjudication,
as a chronic truant shall be adjudged a
truant minor in need of supervision.
(a‑1) There is a rebuttable presumption that a chronic truant is a truant
minor in need of supervision.
(a‑2) There is a rebuttable presumption that school records of a minor's
attendance at school are authentic.
(a‑3) For purposes of this Section, "chronic truant" has the meaning
ascribed to it in Section 26‑2a of the School Code.
(b) Kinds of dispositional orders. A minor found to be a truant minor
in need of supervision may be:
(1) committed to the appropriate regional |
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superintendent of schools for a multi‑disciplinary case staffing, individualized educational plan or service plan, or referral to comprehensive community‑based youth services;
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(2) required to comply with an individualized
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educational plan or service plan as specifically provided by the appropriate regional superintendent of schools;
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(3) ordered to obtain counseling or other supportive
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(4) subject to a fine in an amount in excess of $5,
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but not exceeding $100, and each day of absence without valid cause as defined in Section 26‑2a of The School Code is a separate offense;
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(5) required to perform some reasonable public
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service work such as, but not limited to, the picking up of litter in public parks or along public highways or the maintenance of public facilities; or
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(6) subject to having his or her driver's license or
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driving privilege suspended for a period of time as determined by the court but only until he or she attains 18 years of age.
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A dispositional order may include a fine, public service, or
suspension of a driver's license or privilege only if the court has made an
express written finding that a truancy prevention program has been offered by
the school, regional superintendent of schools, or a community social service
agency to the truant minor in need of supervision.
(c) Orders entered under this Section may be enforced by contempt
proceedings.
(Source: P.A. 90‑143, eff. 7‑23‑97; 90‑380, eff. 8‑14‑97; 90‑590, eff.
1‑1‑99; 90‑655, eff. 7‑30‑98.)
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