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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2934 Introduced , by Rep. Bob Morgan SYNOPSIS AS INTRODUCED:
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705 ILCS 405/2-15 | from Ch. 37, par. 802-15 |
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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.
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| | A BILL FOR |
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| | HB2934 | | LRB101 10500 SLF 55606 b |
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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 |