Bill Text: IL HB2934 | 2019-2020 | 101st General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Provides that service of a summons and petition shall be made by leaving a copy at his or her usual place of abode with a person residing there.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0146 [HB2934 Detail]
Download: Illinois-2019-HB2934-Introduced.html
Bill Title: Amends the Juvenile Court Act of 1987. Provides that service of a summons and petition shall be made by leaving a copy at his or her usual place of abode with a person residing there.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-07-26 - Public Act . . . . . . . . . 101-0146 [HB2934 Detail]
Download: Illinois-2019-HB2934-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 2-15 as follows:
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6 | (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
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7 | Sec. 2-15. Summons.
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8 | (1) When a petition is filed, the clerk of the court
shall | |||||||||||||||||||
9 | issue a summons with a copy of the petition attached. The | |||||||||||||||||||
10 | summons
shall be directed to the minor's legal guardian or | |||||||||||||||||||
11 | custodian and to each person
named as a respondent in the | |||||||||||||||||||
12 | petition, except that summons need not be
directed to a minor | |||||||||||||||||||
13 | respondent under 8 years of age for whom the court
appoints a | |||||||||||||||||||
14 | guardian ad litem if the guardian ad litem appears on behalf of
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15 | the minor in any proceeding under this Act.
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16 | (2) The summons must contain a statement that the minor or | |||||||||||||||||||
17 | any of the
respondents is entitled to have an attorney present | |||||||||||||||||||
18 | at the hearing on the
petition, and that the clerk of the court | |||||||||||||||||||
19 | should be notified promptly if
the minor or any other | |||||||||||||||||||
20 | respondent desires to be represented by an attorney
but is | |||||||||||||||||||
21 | financially unable to employ counsel.
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22 | (3) The summons shall be issued under the seal of the | |||||||||||||||||||
23 | court, attested in
and signed with the name of the clerk of the |
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1 | court, dated on the day it is
issued, and shall require each | ||||||
2 | respondent to appear and answer the petition
on the date set | ||||||
3 | for the adjudicatory hearing.
The summons shall contain a | ||||||
4 | notice that the parties will not be entitled to
further written | ||||||
5 | notices or publication notices of proceedings in this case,
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6 | including the filing of an amended petition or a motion to | ||||||
7 | terminate parental
rights, except as required by Supreme Court | ||||||
8 | Rule 11.
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9 | (4) The summons may be served by any county sheriff, | ||||||
10 | coroner or
probation officer, even though the officer is the | ||||||
11 | petitioner. The return of
the summons with endorsement of | ||||||
12 | service by the officer is sufficient proof
thereof.
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13 | (5) Service of a summons and petition shall be made by: (a) | ||||||
14 | leaving a
copy thereof with the person summoned at least 3 days | ||||||
15 | before the time
stated therein for appearance; (b) leaving a | ||||||
16 | copy at his or her usual place
of abode with some person of the | ||||||
17 | family or a person residing there , of the age of 10 years or | ||||||
18 | upwards,
and informing that person of the contents thereof, | ||||||
19 | provided the officer or
other person making service shall also | ||||||
20 | send a copy of the summons in a
sealed envelope with postage | ||||||
21 | fully prepaid, addressed to the person
summoned at his usual | ||||||
22 | place of abode, at least 3 days before the time
stated therein | ||||||
23 | for appearance; or (c) leaving a copy thereof with the
guardian | ||||||
24 | or custodian of a minor, at least 3 days before the time stated
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25 | therein for appearance. If the guardian or custodian is an | ||||||
26 | agency of the
State of Illinois, proper service may be made by |
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1 | leaving a copy of the
summons and petition with any | ||||||
2 | administrative employee of such agency
designated by such | ||||||
3 | agency to accept service of summons and petitions.
The | ||||||
4 | certificate of the officer or affidavit of the person that he | ||||||
5 | has sent
the copy pursuant to this Section is sufficient proof | ||||||
6 | of service.
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7 | (6) When a parent or other person, who has signed a written | ||||||
8 | promise to
appear and bring the minor to court or who has | ||||||
9 | waived or acknowledged service,
fails to appear with the minor | ||||||
10 | on the date set by the court, a
bench warrant may be issued for | ||||||
11 | the parent or other person, the minor, or both.
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12 | (7) The appearance of the minor's legal guardian or | ||||||
13 | custodian, or a
person named as a respondent in a petition, in | ||||||
14 | any proceeding under this
Act shall constitute a waiver of | ||||||
15 | service of summons and submission to the
jurisdiction of the | ||||||
16 | court, except that the filing of a motion
authorized under | ||||||
17 | Section 2-301 of the Code of Civil Procedure does not
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18 | constitute an appearance under this subsection. A copy of the | ||||||
19 | summons and
petition shall be provided to the person at the | ||||||
20 | time of his appearance.
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21 | (8) Notice to a parent who has appeared or been served with | ||||||
22 | summons
personally or by certified mail, and for whom an order | ||||||
23 | of default has been
entered on the petition for wardship and | ||||||
24 | has not been set aside shall be
provided in accordance with | ||||||
25 | Supreme Court Rule 11. Notice to a parent who was
served by | ||||||
26 | publication and for whom an order of default has been entered |
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1 | on the
petition for wardship and has not been set aside shall | ||||||
2 | be provided in
accordance with this Section and Section 2-16.
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3 | (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, | ||||||
4 | eff.
6-30-98; 91-145, eff. 1-1-00.)
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