Bill Text: IL HB3365 | 2025-2026 | 104th General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with certain changes. In the amendatory changes to the Juvenile Court Act of 1987, provides that for purposes of determining whether a minor is neglected, provides that an environment is injurious if conditions in the child's environment create a real, significant and imminent likelihood of severe harm to the child's health, physical well-being, or welfare and the parent or caretaker blatantly disregarded his or her parental responsibility to prevent or mitigate such harm as defined in the Abused and Neglected Child Reporting Act. Provides that domestic violence that is perpetrated against someone other than the minor where there is no demonstrated likelihood of present and imminent bodily harm to the minor is not sufficient to determine that an urgent and immediate necessity exists to remove a minor from a parent who is not the perpetrator of that domestic violence. Provides that in making findings as to whether a minor has been abused, neglected, or dependent, the factual basis supporting a determination that the child has been abused, neglected, or dependent must be sufficient and independent of exposure to domestic violence that is perpetrated against someone other than the child where there is no demonstrated likelihood of imminent bodily harm to the child. Makes other changes. Amends the Abused and Neglected Child Reporting Act to make conforming changes.

Sponsorship: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed - Dead) 2026-04-29 - Added as Alternate Co-Sponsor Sen. Mary Edly-Allen [HB3365 Detail]

Download: Illinois-2025-HB3365-Engrossed.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent likelihood risk of serious harm
would be so obvious to a reasonable parent or caretaker that it
is unlikely that a reasonable parent or caretaker would have

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exposed the child to the danger without exercising
precautionary measures to protect the child from harm. With
respect to a person working at an agency in the person's
professional capacity with a child or adult resident, "blatant
disregard" includes a failure by the person to perform job
responsibilities intended to protect the child's or adult
resident's health, physical well-being, or welfare, and, when
viewed in light of the surrounding circumstances, evidence
exists that would cause a reasonable person to believe that
the child was neglected. With respect to an agency, "blatant
disregard" includes a failure to implement practices that
ensure the health, physical well-being, or welfare of the
children and adult residents residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois State
Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:

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(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child 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;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in the person's professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or

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given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription;
(h) 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 2012 against the child; or
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means (a) any child who, due to the
blatant disregard of the child's parent or other person
responsible for the child's welfare, or agency
responsibilities, is: (1) not receiving care necessary for the
child's well being, including adequate food, clothing and
shelter; (2) not receiving the proper or necessary nourishment
or medically indicated treatment including food or care not

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provided solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise is not receiving the proper or necessary support or
medical or other remedial care recognized under State law as
necessary for a child's well-being; (3) , or other care
necessary for the child's well-being, including adequate food,
clothing and shelter; or who is subjected to an environment
which is injurious insofar as (i) the child's environment
creates a real, significant, and imminent likelihood of
serious harm to the child's health, physical well-being, or
welfare; (4) and (ii) the likely harm to the child is the
result of a blatant disregard of parent, caretaker, person
responsible for the child's welfare, or agency
responsibilities; or who is abandoned by the child's parents
or other person responsible for the child's welfare without a
proper plan of care; or who has been provided with interim
crisis intervention services under Section 3-5 of the Juvenile
Court Act of 1987 and whose parent, guardian, or custodian
refuses to permit the child to return home and no other living
arrangement agreeable to the parent, guardian, or custodian
can be made, and the parent, guardian, or custodian has not
made any other appropriate living arrangement for the child;
(5) or who is a 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

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Substances Act or a metabolite thereof, with the exception of
a controlled substance or metabolite thereof whose presence in
the newborn infant is the result of medical treatment
administered to the person who gave birth or the newborn
infant.
(b) A child is not considered neglected by a parent or
other person responsible for the child's welfare due to
exposure to domestic violence itself when perpetrated against
someone other than the child, if that parent or other person
responsible for the child's welfare did not perpetrate the
domestic violence.
(c) A child shall not be considered neglected for the sole
reason that the child's parent or other person responsible for
the child's welfare has left the child in the care of an adult
relative for any period of time. A child shall not be
considered neglected for the sole reason that the child has
been relinquished in accordance with the Abandoned Newborn
Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for the child's welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided
under Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of
The School Code, as amended.

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"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012,

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including, but not limited to, the custodian of the minor, or
any person who came to know the child through an official
capacity or position of trust, including, but not limited to,
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under

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Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyperson or
practitioner of any religious denomination accredited by the
religious body to which the clergyperson or practitioner
belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 2-3, 2-10, 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

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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.
(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);

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(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, including
the child's wishes regarding available permanency options
and the child's wishes regarding maintaining connections
with parents, siblings, and other relatives;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures, 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, including willingness to provide permanency
to the child, either through subsidized guardianship or
through adoption.
(4.08) "Caregiver" includes a foster parent. Beginning
July 1, 2025, "caregiver" includes a foster parent as defined
in Section 2.17 of the Child Care Act of 1969, certified
relative caregiver, as defined in Section 2.36 of the Child
Care Act of 1969, and relative caregiver as defined in Section

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4d of the Children and Family Services Act.
(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
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

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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 the minor's 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
(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

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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
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

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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 the minor
and to provide the minor 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 the person 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
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

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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 subsection (2.3) 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
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

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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 the person 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 qualified residential treatment program under Section
2.35 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
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

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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 the minor's 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;
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 of 1987; incidents involving damage to property,

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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
the officer's 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
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

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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; 103-22, eff. 8-8-23;
103-564, eff. 11-17-23; 103-1061, eff. 2-5-25.)
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected 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:
(a) who, due to the blatant disregard of the minor's
parent or other person responsible for the minor's
welfare, or agency responsibilities, 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 the minor's well-being, including adequate
food, clothing, and shelter, or who is abandoned by the
minor's parent or parents or other person or persons

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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) whose environment is injurious to the minor's
welfare. An environment is injurious if conditions in the
minor's environment create a real, significant and
imminent likelihood of serious harm to the minor's health,
physical well-being, or welfare and the parent or
caretaker blatantly disregarded his or her parental
responsibility to prevent or mitigate such harm as defined
in Section 3 of the Abused and Neglected Child Reporting
Act; or
(c) who is a 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 or 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 person who gave birth or the newborn

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infant; or
(d) 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. 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 factors including, but not
limited to, the following:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) the special needs of the minor, including
whether the minor is a person with a physical or mental
disability or is otherwise in need of ongoing
prescribed medical treatment, 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

HB3365 Engrossed - 23 - LRB104 10403 RLC 20478 b
light;
(8) the location of the parent or guardian at the
time the minor was left without supervision and 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 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

HB3365 Engrossed - 24 - LRB104 10403 RLC 20478 b
health and safety of that particular minor; or
(e) 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 the minor or others living in the home.
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.
(1.5) A minor shall not be considered neglected for the
sole reason that the minor's parent or other person
responsible for the minor's welfare permits the minor to
engage in independent activities unless the minor was
permitted to engage in independent activities under
circumstances presenting unreasonable risk of harm to the
minor's mental or physical health, safety, or well-being.
"Independent activities" includes, but is not limited to:
(a) traveling to and from school, including by
walking, running, or bicycling;
(b) traveling to and from nearby commercial or
recreational facilities;
(c) engaging in outdoor play;
(d) remaining in a vehicle unattended, except as
otherwise provided by law;
(e) remaining at home or at a similarly appropriate
location unattended; or

HB3365 Engrossed - 25 - LRB104 10403 RLC 20478 b
(f) engaging in a similar independent activity alone
or with other children.
In determining whether an independent activity presented
unreasonable risk of harm, the court shall consider:
(1) whether the activity is accepted as suitable for
minors of the same age, maturity level, and developmental
capacity as the involved minor;
(2) the factors listed in items (1) through (15) of
paragraph (d) of subsection (1); and
(3) any other factor the court deems relevant.
(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
such minor by other than accidental means which would be

HB3365 Engrossed - 26 - LRB104 10403 RLC 20478 b
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
included herein solely for the purpose of qualifying for

HB3365 Engrossed - 27 - LRB104 10403 RLC 20478 b
financial assistance for the minor or the minor's parents,
guardian, or custodian.
(4) The changes made by Public Act 101-79 apply to a case
that is pending on or after July 12, 2019 (the effective date
of Public Act 101-79).
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
103-605, eff. 7-1-24.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
(Text of Section before amendment by P.A. 103-1061)
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, the minor's parent, guardian, or
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

HB3365 Engrossed - 28 - LRB104 10403 RLC 20478 b
the central registry, involving the minor's parent, guardian,
or custodian. After such testimony, the court may, consistent
with the health, safety, and best interests of the minor,
enter an order that the minor shall be released upon the
request of parent, guardian, or custodian if the parent,
guardian, or custodian appears to take custody. If it is
determined that a parent's, guardian's, or custodian's
compliance with critical services mitigates the necessity for
removal of the minor from the minor's 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 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

HB3365 Engrossed - 29 - LRB104 10403 RLC 20478 b
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.
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 the

HB3365 Engrossed - 30 - LRB104 10403 RLC 20478 b
minor 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 the
minor's 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 the minor's home or the
reasons why no efforts reasonably could be made to prevent or
eliminate the necessity of removal. When a minor is placed in
the home of a relative, the Department of Children and Family
Services shall complete a preliminary background review of the
members of the minor's custodian's household in accordance
with Section 4.3 of the Child Care Act of 1969 within 90 days
of that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or 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 the minor's family to ameliorate the causes
contributing to the finding of probable cause or to the

HB3365 Engrossed - 31 - LRB104 10403 RLC 20478 b
finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,
the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
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

HB3365 Engrossed - 32 - LRB104 10403 RLC 20478 b
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement
and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
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

HB3365 Engrossed - 33 - LRB104 10403 RLC 20478 b
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any
stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan, or
subsequently developed Sibling Contact Support Plan. Nothing
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
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,

HB3365 Engrossed - 34 - LRB104 10403 RLC 20478 b
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
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 the minor's home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from the minor's home. The parents, guardian,
custodian, temporary custodian, and minor shall each be

HB3365 Engrossed - 35 - LRB104 10403 RLC 20478 b
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 the minor's
protection, the court shall admonish the parents, guardian,
custodian, or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. 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 adult
relatives, including, but not limited to, grandparents,
siblings of the minor's parents, and siblings. The court shall

HB3365 Engrossed - 36 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 37 - LRB104 10403 RLC 20478 b
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
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.

HB3365 Engrossed - 38 - LRB104 10403 RLC 20478 b
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the 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

HB3365 Engrossed - 39 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 40 - LRB104 10403 RLC 20478 b
hearing, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor 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
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

HB3365 Engrossed - 41 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 42 - LRB104 10403 RLC 20478 b
(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
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and the minor's 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

HB3365 Engrossed - 43 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 44 - LRB104 10403 RLC 20478 b
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
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; 103-22, eff. 8-8-23; 103-605, eff.
7-1-24.)

HB3365 Engrossed - 45 - LRB104 10403 RLC 20478 b
(Text of Section after amendment by P.A. 103-1061)
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, the minor's parent, guardian, or
custodian, and other persons able to give relevant testimony
shall be examined before the court. Findings of probable cause
must be based on reasons sufficient and independent from
exposure to domestic violence that is perpetrated against
someone other than the minor where there is no demonstrated
likelihood of imminent bodily harm to the minor. The
Department of Children and Family Services shall give
testimony concerning indicated reports of abuse and neglect,
of which they are aware through the central registry,
involving the minor's parent, guardian, or custodian. After
such testimony, the court may, consistent with the health,
safety, and best interests of the minor, enter an order that

HB3365 Engrossed - 46 - LRB104 10403 RLC 20478 b
the minor shall be released upon the request of parent,
guardian, or custodian if the parent, guardian, or custodian
appears to take custody. If it is determined that a parent's,
guardian's, or custodian's compliance with critical services
mitigates the necessity for removal of the minor from the
minor's 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 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

HB3365 Engrossed - 47 - LRB104 10403 RLC 20478 b
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.
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 the
minor 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

HB3365 Engrossed - 48 - LRB104 10403 RLC 20478 b
minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from the
minor's home. Domestic violence that is perpetrated against
someone other than the minor where there is no demonstrated
likelihood of present and imminent bodily harm to the minor is
not sufficient to determine that an urgent and immediate
necessity exists to remove a minor from a parent who is not the
perpetrator of that domestic violence. 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 the minor's 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 3.4 or 4.3 of
the Child Care Act of 1969 within 90 days of that placement. If
the minor is not placed in the home of a relative, the court
shall require evidence from the Department as to the efforts
that were made to place the minor in the home of a relative or
the reasons why no efforts reasonably could be made to place
the minor in the home of a relative, consistent with the best
interests of the minor. 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,

HB3365 Engrossed - 49 - LRB104 10403 RLC 20478 b
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 the minor's 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

HB3365 Engrossed - 50 - LRB104 10403 RLC 20478 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

HB3365 Engrossed - 51 - LRB104 10403 RLC 20478 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

HB3365 Engrossed - 52 - LRB104 10403 RLC 20478 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

HB3365 Engrossed - 53 - LRB104 10403 RLC 20478 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 the minor's home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from the minor's 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 the minor's
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

HB3365 Engrossed - 54 - LRB104 10403 RLC 20478 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 adult
relatives, including, but not limited to, grandparents,
siblings of the minor's parents, 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.
(2.5) When the court places the minor in the temporary
custody of the Department, the court shall inquire of the
Department's initial family finding and relative engagement
efforts, as described in Section 7 of the Children and Family
Services Act, and the Department shall complete any remaining
family finding and relative engagement efforts required under
Section 7 of the Children and Family Services Act within 30
days of the minor being taken into temporary custody. The
Department shall complete new family finding and relative
engagement efforts in accordance with Section 7 of the
Children and Family Services Act for relatives of the minor
within 30 days of an unknown parent's identity being
determined or a parent whose whereabouts were unknown being
located.
(3) If prior to the shelter care hearing for a minor

HB3365 Engrossed - 55 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 56 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 57 - LRB104 10403 RLC 20478 b
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the 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.

HB3365 Engrossed - 58 - LRB104 10403 RLC 20478 b
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
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, the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor may file
an affidavit setting forth these facts, and the clerk shall
set the matter for rehearing not later than 48 hours,

HB3365 Engrossed - 59 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 60 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 61 - LRB104 10403 RLC 20478 b
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
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and the minor's 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:

HB3365 Engrossed - 62 - LRB104 10403 RLC 20478 b
(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
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

HB3365 Engrossed - 63 - LRB104 10403 RLC 20478 b
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
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; 103-22, eff. 8-8-23; 103-605, eff.
7-1-24; 103-1061, eff. 7-1-25.)
(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

HB3365 Engrossed - 64 - LRB104 10403 RLC 20478 b
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.
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, the factual

HB3365 Engrossed - 65 - LRB104 10403 RLC 20478 b
basis supporting a determination that the child has been
abused, neglected, or dependent must be sufficient and
independent of exposure to domestic violence that is
perpetrated against someone other than the child where there
is no demonstrated likelihood of imminent bodily harm to the
child. 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
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

HB3365 Engrossed - 66 - LRB104 10403 RLC 20478 b
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 the minor 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 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

HB3365 Engrossed - 67 - LRB104 10403 RLC 20478 b
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
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-1) the petitioner has demonstrated that the
Department has discussed the permanency options of
guardianship and adoption with the caregiver and the
Department has informed the court of the caregiver's
wishes as to the permanency goal;
(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

HB3365 Engrossed - 68 - LRB104 10403 RLC 20478 b
(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; 103-1061, eff. 2-5-25.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
(Text of Section before amendment by P.A. 103-1061)
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 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 the health, safety, and best interest of the minor
will be jeopardized if the minor remains in the custody of the
minor's 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

HB3365 Engrossed - 69 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 70 - LRB104 10403 RLC 20478 b
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
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

HB3365 Engrossed - 71 - LRB104 10403 RLC 20478 b
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 the Guardianship
Administrator has been appointed guardian at such times as
the Guardianship Administrator is unable to perform the
duties of the Guardianship Administrator 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 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

HB3365 Engrossed - 72 - LRB104 10403 RLC 20478 b
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.
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 the suitable relative or other person 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

HB3365 Engrossed - 73 - LRB104 10403 RLC 20478 b
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 the guardian in
accordance with Section 2-29. An agency whose 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.

HB3365 Engrossed - 74 - LRB104 10403 RLC 20478 b
(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 the legal custodian's or
guardian's 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
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. 103-22, eff. 8-8-23.)
(Text of Section after amendment by P.A. 103-1061)
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 unwilling to care for, protect, train,
or discipline the minor, or is are unfit or are unable, for
some reason other than financial circumstances alone, to care
for, protect, train, or discipline the minor for a reason
sufficient and independent from financial circumstances or
exposure to domestic violence that is perpetrated against

HB3365 Engrossed - 75 - LRB104 10403 RLC 20478 b
someone other than the minor if there is no demonstrated
likelihood of present and imminent bodily harm to the minor
and the domestic violence is not perpetrated by that parent,
guardian, or custodian, or are unwilling to do so, and if the
court determines and puts in writing the factual basis
supporting the determination of whether that the health,
safety, and best interest of the minor will be jeopardized if
the minor remains in the custody of the minor's parents,
guardian, or custodian, then 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" has the meaning
ascribed to that term in Section 4d of the Children and
Family Services Act;
(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,

HB3365 Engrossed - 76 - LRB104 10403 RLC 20478 b
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 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

HB3365 Engrossed - 77 - LRB104 10403 RLC 20478 b
subsection (2) of Section 2-33 of this Act. 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. 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 the Guardianship
Administrator has been appointed guardian at such times as
the Guardianship Administrator is unable to perform the
duties of the Guardianship Administrator 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

HB3365 Engrossed - 78 - LRB104 10403 RLC 20478 b
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 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.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services

HB3365 Engrossed - 79 - LRB104 10403 RLC 20478 b
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 the suitable relative or other person 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 the guardian in
accordance with Section 2-29. An agency whose 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

HB3365 Engrossed - 80 - LRB104 10403 RLC 20478 b
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 the legal custodian's or
guardian's 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
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.

HB3365 Engrossed - 81 - LRB104 10403 RLC 20478 b
(6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.