Bill Text: IL HB4008 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that a child representative may be appointed and have the same rights and duties under the Act as a guardian ad litem. Defines "child representative".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - Referred to Rules Committee [HB4008 Detail]

Download: Illinois-2019-HB4008-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4008 Introduced , by Rep. Katie Stuart SYNOPSIS AS INTRODUCED:
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-5 from Ch. 37, par. 801-5
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/1-8 from Ch. 37, par. 801-8
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-13.1
705 ILCS 405/2-15 from Ch. 37, par. 802-15
705 ILCS 405/2-17 from Ch. 37, par. 802-17
705 ILCS 405/2-17.1
705 ILCS 405/2-24 from Ch. 37, par. 802-24
705 ILCS 405/2-27.1
705 ILCS 405/2-28.1
705 ILCS 405/3-12 from Ch. 37, par. 803-12
705 ILCS 405/3-16 from Ch. 37, par. 803-16
705 ILCS 405/3-17 from Ch. 37, par. 803-17
705 ILCS 405/3-19 from Ch. 37, par. 803-19
705 ILCS 405/4-13 from Ch. 37, par. 804-13
705 ILCS 405/4-14 from Ch. 37, par. 804-14
705 ILCS 405/4-16 from Ch. 37, par. 804-16
705 ILCS 405/5-525
705 ILCS 405/5-610
705 ILCS 405/5-745
Amends the Juvenile Court Act of 1987. Provides that a child representative may be appointed and have the same rights and duties under the Act as a guardian ad litem. Defines "child representative".
LRB101 15667 RLC 65016 b
A BILL FOR
HB4008 LRB101 15667 RLC 65016 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 1-5, 1-7, 1-8, 2-10, 2-13.1, 2-15, 2-17,
2-17.1, 2-24, 2-27.1, 2-28.1, 3-12, 3-16, 3-17, 3-19, 4-13,
4-14, 4-16, 5-525, 5-610, and 5-745 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional

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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);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;

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(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.06) "Child representative" has the meaning ascribed to
it in paragraph (3) of subsection (a) of Section 506 of the
Illinois Marriage and Dissolution of Marriage 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.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the

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Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to enlistment
in the armed forces of the United States, or to a major
medical, psychiatric, and surgical treatment; to represent
the minor in legal actions; and to make other decisions of
substantial legal significance concerning the minor;
(b) the authority and duty of reasonable visitation,
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,

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but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not

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include records identifying a juvenile as a victim, witness, or
missing juvenile and any records created, maintained, or used
for purposes of referral to programs relating to diversion as
defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled

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

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and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of
1969, a secure child care facility as defined in paragraph (18)
of this Section, or any similar facility in another state.
"Residential treatment center" does not include a relative
foster home or a licensed foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent

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after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising a

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concern about the well-being of a minor under the jurisdiction
of the court under Article II of the Juvenile Court Act;
incidents involving damage to property, allegations of
criminal activity, misconduct, or other occurrences affecting
the operations of the Department of Children of Family Services
or a child care facility; any incident that could have media
impact; and unusual incidents as defined by Department of
Children and Family Services rule.
(15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of the Department of 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

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facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff.
8-14-18; 100-1162, eff. 12-20-18.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2) of
Sections 2-22, 3-23, 4-20, 5-610 or 5-705, the minor who is the
subject of the proceeding and his or her parents, guardian,
legal custodian or responsible relative who are parties
respondent have the right to be present, to be heard, to
present evidence material to the proceedings, to cross-examine
witnesses, to examine pertinent court files and records and
also, although proceedings under this Act are not intended to
be adversary in character, the right to be represented by
counsel. At the request of any party financially unable to

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employ counsel, with the exception of a foster parent permitted
to intervene under this Section, the court shall appoint the
Public Defender or such other counsel as the case may require.
Counsel appointed for the minor and any indigent party shall
appear at all stages of the trial court proceeding, and such
appointment shall continue through the permanency hearings and
termination of parental rights proceedings subject to
withdrawal, vacating of appointment, or substitution pursuant
to Supreme Court Rules or the Code of Civil Procedure.
Following the dispositional hearing, the court may require
appointed counsel, other than counsel for the minor or counsel
for the guardian ad litem or child representative, to withdraw
his or her appearance upon failure of the party for whom
counsel was appointed under this Section to attend any
subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Notwithstanding the
preceding sentence, if a guardian ad litem or child
representative has been appointed for the minor under Section
2-17 of this Act and the guardian ad litem or child
representative is a licensed attorney at law of this State, or
in the event that a court appointed special advocate has been
appointed as guardian ad litem or child representative and
counsel has been appointed to represent the court appointed
special advocate, the court may not require the appointment of

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counsel to represent the minor unless the court finds that the
minor's interests are in conflict with what the guardian ad
litem or child representative determines to be in the best
interest of the minor. Each adult respondent shall be furnished
a written "Notice of Rights" at or before the first hearing at
which he or she appears.
(1.5) The Department shall maintain a system of response to
inquiry made by parents or putative parents as to whether their
child is under the custody or guardianship of the Department;
and if so, the Department shall direct the parents or putative
parents to the appropriate court of jurisdiction, including
where inquiry may be made of the clerk of the court regarding
the case number and the next scheduled court date of the
minor's case. Effective notice and the means of accessing
information shall be given to the public on a continuing basis
by the Department.
(2) (a) Though not appointed guardian or legal custodian or
otherwise made a party to the proceeding, any current or
previously appointed foster parent or relative caregiver, or
representative of an agency or association interested in the
minor has the right to be heard by the court, but does not
thereby become a party to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent or relative caregiver of a
minor and the agency designated by the court or the Department
of Children and Family Services as custodian of the minor who

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is alleged to be or has been adjudicated an abused or neglected
minor under Section 2-3 or a dependent minor under Section 2-4
of this Act has the right to and shall be given adequate notice
at all stages of any hearing or proceeding under this Act.
Any foster parent or relative caregiver who is denied his
or her right to be heard under this Section may bring a
mandamus action under Article XIV of the Code of Civil
Procedure against the court or any public agency to enforce
that right. The mandamus action may be brought immediately upon
the denial of those rights but in no event later than 30 days
after the foster parent has been denied the right to be heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have caused
the neglect or to have inflicted the abuse on the minor, a
foster parent may file a motion to intervene in the proceeding
for the sole purpose of requesting that the minor be placed
with the foster parent, provided that the foster parent (i) is
the current foster parent of the minor or (ii) has previously
been a foster parent for the minor for one year or more, has a
foster care license or is eligible for a license or is not
required to have a license, and is not the subject of any
findings of abuse or neglect of any child. The juvenile court
may only enter orders placing a minor with a specific foster
parent under this subsection (2)(b) and nothing in this Section

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shall be construed to confer any jurisdiction or authority on
the juvenile court to issue any other orders requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope or
determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family Services
Act. Nothing in this Section shall relieve the court of its
responsibility, under Section 2-14(a) of this Act to act in a
just and speedy manner to reunify families where it is the best
interests of the minor and the child can be cared for at home
without endangering the child's health or safety and, if
reunification is not in the best interests of the minor, to
find another permanent home for the minor. Nothing in this
Section, or in any order issued by the court with respect to
the placement of a minor with a foster parent, shall impair the
ability of the Department of Children and Family Services, or
anyone else authorized under Section 5 of the Abused and
Neglected Child Reporting Act, to remove a minor from the home
of a foster parent if the Department of Children and Family
Services or the person removing the minor has reason to believe
that the circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an imminent
risk of harm to that minor's life.

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(c) If a foster parent has had the minor who is the subject
of the proceeding under Article II in his or her home for more
than one year on or after July 3, 1994 and if the minor's
placement is being terminated from that foster parent's home,
that foster parent shall have standing and intervenor status
except in those circumstances where the Department of Children
and Family Services or anyone else authorized under Section 5
of the Abused and Neglected Child Reporting Act has removed the
minor from the foster parent because of a reasonable belief
that the circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health or safety or presents an imminent
risk of harm to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in compliance
with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14 and 4-15 or
5-525 and 5-530, as appropriate. At the first appearance before
the court by the minor, his parents, guardian, custodian or
responsible relative, the court shall explain the nature of the
proceedings and inform the parties of their rights under the
first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards

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custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the Department
of Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-705, the court shall inform the
parties of their right to appeal therefrom as well as from any
other final judgment of the court.
When the court finds that a child is an abused, neglected,
or dependent minor under Section 2-21, the court shall admonish
the parents 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 that require the
child to be in care, or risk termination of their parental
rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, 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 that require the child to be in
care, or risk termination of their parental rights.
(4) No sanction may be applied against the minor who is the

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subject of the proceedings by reason of his refusal or failure
to testify in the course of any hearing held prior to final
adjudication under Section 2-22, 3-23, 4-20 or 5-705.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing and,
with the consent of the parent or parents, guardian, counsel or
a guardian ad litem or child representative, from any part or
parts of an adjudicatory hearing.
(6) The general public except for the news media and the
crime victim, as defined in Section 3 of the Rights of Crime
Victims and Witnesses Act, shall be excluded from any hearing
and, except for the persons specified in this Section only
persons, including representatives of agencies and
associations, who in the opinion of the court have a direct
interest in the case or in the work of the court shall be
admitted to the hearing. However, the court may, for the
minor's safety and protection and for good cause shown,
prohibit any person or agency present in court from further
disclosing the minor's identity. Nothing in this subsection (6)
prevents the court from allowing other juveniles to be present
or to participate in a court session being held under the
Juvenile Drug Court Treatment Act.
(7) A party shall not be entitled to exercise the right to
a substitution of a judge without cause under subdivision
(a)(2) of Section 2-1001 of the Code of Civil Procedure in a
proceeding under this Act if the judge is currently assigned to

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a proceeding involving the alleged abuse, neglect, or
dependency of the minor's sibling or half sibling and that
judge has made a substantive ruling in the proceeding involving
the minor's sibling or half sibling.
(Source: P.A. 101-147, eff. 1-1-20.)
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available. Juvenile
law enforcement records may be obtained only under this Section
and Section 1-8 and Part 9 of Article V of this Act, when their
use is needed for good cause and with an order from the
juvenile court, as required by those not authorized to retain
them. Inspection, copying, and disclosure of juvenile law
enforcement records maintained by law enforcement agencies or
records of municipal ordinance violations maintained by any
State, local, or municipal agency that relate to a minor who
has been investigated, arrested, or taken into custody before
his or her 18th birthday shall be restricted to the following:
(0.05) The minor who is the subject of the juvenile law
enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the

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staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous offense
was committed in furtherance of criminal activities by a
criminal street gang, or, when necessary for the discharge
of its official duties in connection with a particular
investigation of the conduct of a law enforcement officer,
an independent agency or its staff created by ordinance and
charged by a unit of local government with the duty of
investigating the conduct of law enforcement officers. For
purposes of this Section, "criminal street gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for

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minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that

HB4008 - 22 - LRB101 15667 RLC 65016 b
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;

HB4008 - 23 - LRB101 15667 RLC 65016 b
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be referred
to in-school or community-based social services if
those services are available. "Rehabilitation

HB4008 - 24 - LRB101 15667 RLC 65016 b
services" may include interventions by school support
personnel, evaluation for eligibility for special
education, referrals to community-based agencies such
as youth services, behavioral healthcare service
providers, drug and alcohol prevention or treatment
programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out

HB4008 - 25 - LRB101 15667 RLC 65016 b
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Department of State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in

HB4008 - 26 - LRB101 15667 RLC 65016 b
subsection (c) of Section 8-23 of the Park District Code or
subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, Department of State
Police, or to the Federal Bureau of Investigation any
fingerprint or photograph relating to a minor who has been
arrested or taken into custody before his or her 18th birthday,
unless the court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Department of State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for

HB4008 - 27 - LRB101 15667 RLC 65016 b
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the

HB4008 - 28 - LRB101 15667 RLC 65016 b
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem or child
representative of the minor whose records are sought.
(2) In cases where the records concern a juvenile court
case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person

HB4008 - 29 - LRB101 15667 RLC 65016 b
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any federal
government, state, county or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant

HB4008 - 30 - LRB101 15667 RLC 65016 b
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall prohibit
the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
12-20-18.)

HB4008 - 31 - LRB101 15667 RLC 65016 b
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to

HB4008 - 32 - LRB101 15667 RLC 65016 b
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.

HB4008 - 33 - LRB101 15667 RLC 65016 b
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including a
hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness
hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal

HB4008 - 34 - LRB101 15667 RLC 65016 b
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually

HB4008 - 35 - LRB101 15667 RLC 65016 b
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent persons
commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem or child representative of the
minor whose records are sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting

HB4008 - 36 - LRB101 15667 RLC 65016 b
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor, and
the minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding, or
operate to disqualify a minor from subsequently holding public
office, or operate as a forfeiture of any public benefit,
right, privilege, or right to receive any license granted by
public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be

HB4008 - 37 - LRB101 15667 RLC 65016 b
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the federal
government, or any state, county, or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department to ascertain whether that applicant was ever
adjudicated to be a delinquent minor and, if so, to examine the
records of disposition or evidence which were made in
proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to the dispositional order shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is

HB4008 - 38 - LRB101 15667 RLC 65016 b
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that court shall
request, and the court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the juvenile
court record, including all documents, petitions, and orders
filed and the minute orders, transcript of proceedings, and
docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the

HB4008 - 39 - LRB101 15667 RLC 65016 b
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
100-1162, eff. 12-20-18.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian or
custodian. After such testimony, the court may, consistent with

HB4008 - 40 - LRB101 15667 RLC 65016 b
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
his or her home, the court may enter an Order of Protection
setting forth reasonable conditions of behavior that a parent,
guardian, or custodian must observe for a specified period of
time, not to exceed 12 months, without a violation; provided,
however, that the 12-month period shall begin anew after any
violation. "Custodian" includes the Department of Children and
Family Services, if it has been given custody of the child, or
any other agency of the State which has been given custody or
wardship of the child. If it is consistent with the health,
safety and best interests of 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

HB4008 - 41 - LRB101 15667 RLC 65016 b
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 he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of

HB4008 - 42 - LRB101 15667 RLC 65016 b
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the Department
of Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of removal
of the minor from his or her home or the reasons why no efforts
reasonably could be made to prevent or eliminate the necessity
of removal. When a minor is placed in the home of a relative,
the Department of Children and Family Services shall complete a
preliminary background review of the members of the minor's
custodian's household in accordance with Section 4.3 of the
Child Care Act of 1969 within 90 days of that placement. If the
minor is ordered placed in a shelter care facility of the
Department of Children and Family Services or a licensed child
welfare agency, the court shall, upon request of the
appropriate Department or other agency, appoint the Department
of Children and Family Services Guardianship Administrator or
other appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the
temporary custody as it deems fit and proper, including the
provision of services to the minor or his family to ameliorate
the causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family

HB4008 - 43 - LRB101 15667 RLC 65016 b
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
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

HB4008 - 44 - LRB101 15667 RLC 65016 b
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
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

HB4008 - 45 - LRB101 15667 RLC 65016 b
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,
where the Department or its assigns reasonably believe that
continuation of the contact, as set out in the plan, would be
contrary to the child's health, safety, and welfare. The
Department shall file with the court and serve on the parties

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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 his or her
home or that no efforts reasonably could be made to prevent or
eliminate the removal of the minor from his or her home. The
parents, guardian, custodian, temporary custodian and minor
shall each be furnished a copy of such written findings. The
temporary custodian shall maintain a copy of the court order
and written findings in the case record for the child. The
order together with the court's findings of fact in support
thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be

HB4008 - 47 - LRB101 15667 RLC 65016 b
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian, custodian
or responsible relative, that the parent, guardian, custodian
or responsible relative has had the opportunity to provide the
Department with all known names, addresses, and telephone
numbers of each of the minor's living maternal and paternal
adult relatives, including, but not limited to, grandparents,
aunts, uncles, and siblings. The court shall advise the
parents, guardian, custodian or responsible relative to inform
the Department if additional information regarding the minor's
adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of

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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
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child

HB4008 - 49 - LRB101 15667 RLC 65016 b
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
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.

HB4008 - 50 - LRB101 15667 RLC 65016 b
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.
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

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those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem or child
representative 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, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection
(3) of Section 5-105 may the minor be kept or detained in a

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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 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

HB4008 - 53 - LRB101 15667 RLC 65016 b
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 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.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court

HB4008 - 54 - LRB101 15667 RLC 65016 b
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall be
presumed for any other minor residing in the same household as
the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care for
such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary

HB4008 - 55 - LRB101 15667 RLC 65016 b
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
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

HB4008 - 56 - LRB101 15667 RLC 65016 b
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. 99-625, eff. 1-1-17; 99-642, eff. 7-28-16;
100-159, eff. 8-18-17; 100-863, eff. 8-14-18; 100-959, eff.
1-1-19.)
(705 ILCS 405/2-13.1)
Sec. 2-13.1. Early termination of reasonable efforts.
(1) (a) In conjunction with, or at any time subsequent to,
the filing of a petition on behalf of a minor in accordance
with Section 2-13 of this Act, the State's Attorney, the
guardian ad litem, child representative, or the Department of
Children and Family Services may file a motion requesting a
finding that reasonable efforts to reunify that minor with his
or her parent or parents are no longer required and are to
cease.
(b) The court shall grant this motion with respect to a
parent of the minor if the court finds after a hearing that the
parent has:
(i) had his or her parental rights to another child of
the parent involuntarily terminated; or
(ii) been convicted of:
(A) first degree or second degree murder of another
child of the parent;

HB4008 - 57 - LRB101 15667 RLC 65016 b
(B) attempt or conspiracy to commit first degree or
second degree murder of another child of the parent;
(C) solicitation to commit murder of another child
of the parent, solicitation to commit murder for hire
of another child of the parent, or solicitation to
commit second degree murder of another child of the
parent;
(D) aggravated battery, aggravated battery of a
child, or felony domestic battery, any of which has
resulted in serious bodily injury to the minor or
another child of the parent; or
(E) an offense in any other state the elements of
which are similar and bear substantial relationship to
any of the foregoing offenses
unless the court sets forth in writing a compelling reason why
terminating reasonable efforts to reunify the minor with the
parent would not be in the best interests of that minor.
(c) The court shall also grant this motion with respect to
a parent of the minor if:
(i) after a hearing it determines that further
reunification services would no longer be appropriate, and
(ii) a dispositional hearing has already taken place.
(2) (a) The court shall hold a permanency hearing within 30
days of granting a motion pursuant to this subsection. If an
adjudicatory or a dispositional hearing, or both, has not taken
place when the court grants a motion pursuant to this Section,

HB4008 - 58 - LRB101 15667 RLC 65016 b
then either or both hearings shall be held as needed so that
both take place on or before the date a permanency hearing is
held pursuant to this subsection.
(b) Following a permanency hearing held pursuant to
paragraph (a) of this subsection, the appointed custodian or
guardian of the minor shall make reasonable efforts to place
the child in accordance with the permanency plan and goal set
by the court, and to complete the necessary steps to locate and
finalize a permanent placement.
(Source: P.A. 90-608, eff. 6-30-98.)
(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
Sec. 2-15. Summons.
(1) When a petition is filed, the clerk of the court shall
issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or
custodian and to each person named as a respondent in the
petition, except that summons need not be directed to a minor
respondent under 8 years of age for whom the court appoints a
guardian ad litem or child representative if the guardian ad
litem or child representative appears on behalf of the minor in
any proceeding under this Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other

HB4008 - 59 - LRB101 15667 RLC 65016 b
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing. The summons 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.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his or her usual place of abode with some person of the
family or a person residing there, of the age of 10 years or
upwards, and informing that person of the contents thereof,
provided the officer or other person making service shall also
send a copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the person summoned at his usual
place of abode, at least 3 days before the time stated therein

HB4008 - 60 - LRB101 15667 RLC 65016 b
for appearance; or (c) leaving a copy thereof with the guardian
or custodian of a minor, at least 3 days before the time stated
therein for appearance. If the guardian or custodian is an
agency of the State of Illinois, proper service may be made by
leaving a copy of the summons and petition with any
administrative employee of such agency designated by such
agency to accept service of summons and petitions. The
certificate of the officer or affidavit of the person that he
has sent the copy pursuant to this Section is sufficient proof
of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court, except that the filing of a motion authorized under
Section 2-301 of the Code of Civil Procedure does not
constitute an appearance under this subsection. A copy of the
summons and petition shall be provided to the person at the
time of his appearance.
(8) Notice to a parent who has appeared or been served with
summons personally or by certified mail, and for whom an order

HB4008 - 61 - LRB101 15667 RLC 65016 b
of default has been entered on the petition for wardship and
has not been set aside shall be provided in accordance with
Supreme Court Rule 11. Notice to a parent who was served by
publication and for whom an order of default has been entered
on the petition for wardship and has not been set aside shall
be provided in accordance with this Section and Section 2-16.
(Source: P.A. 101-146, eff. 1-1-20.)
(705 ILCS 405/2-17) (from Ch. 37, par. 802-17)
Sec. 2-17. Guardian ad litem and child representative.
(1) Immediately upon the filing of a petition alleging that
the minor is a person described in Sections 2-3 or 2-4 of this
Article, the court shall appoint a guardian ad litem or child
representative for the minor if:
(a) such petition alleges that the minor is an abused
or neglected child; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article 11
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of defendant in the
commission of such offense.
Unless the guardian ad litem or child representative
appointed pursuant to this paragraph (1) is an attorney at law,

HB4008 - 62 - LRB101 15667 RLC 65016 b
he shall be represented in the performance of his duties by
counsel. The guardian ad litem or child representative shall
represent the best interests of the minor and shall present
recommendations to the court consistent with that duty.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem or child representative for the
minor if:
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of the
case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem or child
representative for the minor whenever it finds that there may
be a conflict of interest between the minor and his parents or
other custodian or that it is otherwise in the minor's best
interest to do so.
(4) Unless the guardian ad litem or child representative is
an attorney, he shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem or child
representative appointed under this Section shall be fixed by
the court and charged to the parents of the minor, to the
extent they are able to pay. If the parents are unable to pay

HB4008 - 63 - LRB101 15667 RLC 65016 b
those fees, they shall be paid from the general fund of the
county.
(6) A guardian ad litem or child representative appointed
under this Section, shall receive copies of any and all
classified reports of child abuse and neglect made under the
Abused and Neglected Child Reporting Act in which the minor who
is the subject of a report under the Abused and Neglected Child
Reporting Act, is also the minor for whom the guardian ad litem
or child representative is appointed under this Section.
(6.5) A guardian ad litem or child representative appointed
under this Section or attorney appointed under this Act shall
receive a copy of each significant event report that involves
the minor no later than 3 days after the Department learns of
an event requiring a significant event report to be written, or
earlier as required by Department rule.
(7) The appointed guardian ad litem or child representative
shall remain the child's guardian ad litem or child
representative throughout the entire juvenile trial court
proceedings, including permanency hearings and termination of
parental rights proceedings, unless there is a substitution
entered by order of the court.
(8) The guardian ad litem or child representative or an
agent of the guardian ad litem or child representative shall
have a minimum of one in-person contact with the minor and one
contact with one of the current foster parents or caregivers
prior to the adjudicatory hearing, and at least one additional

HB4008 - 64 - LRB101 15667 RLC 65016 b
in-person contact with the child and one contact with one of
the current foster parents or caregivers after the adjudicatory
hearing but prior to the first permanency hearing and one
additional in-person contact with the child and one contact
with one of the current foster parents or caregivers each
subsequent year. For good cause shown, the judge may excuse
face-to-face interviews required in this subsection.
(9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem or child
representative must successfully complete a training program
approved by the Department of Children and Family Services. The
Department of Children and Family Services shall provide
training materials and documents to guardians ad litem and
child representatives who are not mandated to attend the
training program. The Department of Children and Family
Services shall develop and distribute to all guardians ad litem
and child representatives a bibliography containing
information including but not limited to the juvenile court
process, termination of parental rights, child development,
medical aspects of child abuse, and the child's need for safety
and permanence.
(Source: P.A. 100-689, eff. 1-1-19; 101-81, eff. 7-12-19.)
(705 ILCS 405/2-17.1)
Sec. 2-17.1. Court appointed special advocate.
(1) The court may appoint a special advocate upon the

HB4008 - 65 - LRB101 15667 RLC 65016 b
filing of a petition under this Article or at any time during
the pendency of a proceeding under this Article. Except in
counties with a population over 3,000,000, the court appointed
special advocate may also serve as guardian ad litem or child
representative by appointment of the court under Section 2-17
of this Act.
(2) The court appointed special advocate shall act as a
monitor and shall be notified of all administrative case
reviews pertaining to the minor and work with the parties'
attorneys, the guardian ad litem or child representative, and
others assigned to the minor's case to protect the minor's
health, safety and best interests and insure the proper
delivery of child welfare services. The court may consider, at
its discretion, testimony of the court appointed special
advocate pertaining to the well-being of the child.
(3) Court appointed special advocates shall serve as
volunteers without compensation and shall receive training
consistent with nationally developed standards.
(4) No person convicted of a criminal offense as specified
in Section 4.2 of the Child Care Act of 1969 and no person
identified as a perpetrator of an act of child abuse or neglect
as reflected in the Department of Children and Family Services
State Central Register shall serve as a court appointed special
advocate.
(5) All costs associated with the appointment and duties of
the court appointed special advocate shall be paid by the court

HB4008 - 66 - LRB101 15667 RLC 65016 b
appointed special advocate or an organization of court
appointed special advocates. In no event shall the court
appointed special advocate be liable for any costs of services
provided to the child.
(6) The court may remove the court appointed special
advocate or the guardian ad litem or child representative from
a case upon finding that the court appointed special advocate
or the guardian ad litem or child representative has acted in a
manner contrary to the child's best interest or if the court
otherwise deems continued service is unwanted or unnecessary.
(7) In any county in which a program of court appointed
special advocates is in operation, the provisions of this
Section shall apply unless the county board of that county, by
resolution, determines that the county shall not be governed by
this Section.
(8) Any court appointed special advocate acting in good
faith within the scope of his or her appointment shall have
immunity from any civil or criminal liability that otherwise
might result by reason of his or her actions, except in cases
of willful and wanton misconduct. For the purpose of any civil
or criminal proceedings, the good faith of any court appointed
special advocate shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98; 90-608, eff. 6-30-98; 91-357,
eff. 7-29-99.)
(705 ILCS 405/2-24) (from Ch. 37, par. 802-24)

HB4008 - 67 - LRB101 15667 RLC 65016 b
Sec. 2-24. Protective supervision.
(1) If the order of disposition, following a determination
of the best interests of the minor, releases the minor to the
custody of his parents, guardian or legal custodian, or
continues him in such custody, the court may, if the health,
safety and best interests of the minor require, place the
person having custody of the minor, except for representatives
of private or public agencies or governmental departments,
under supervision of the probation office.
(2) An order of protective supervision may require the
parent to present the child for periodic medical examinations,
which shall include an opportunity for medical personnel to
speak with and examine the child outside the presence of the
parent. The results of the medical examinations conducted in
accordance with this Section shall be made available to the
Department, the guardian ad litem, child representative, and
the court.
(3) Rules or orders of court shall define the terms and
conditions of protective supervision, which may be modified or
terminated when the court finds that the health, safety and
best interests of the minor and the public will be served
thereby.
(Source: P.A. 90-28, eff. 1-1-98.)
(705 ILCS 405/2-27.1)
Sec. 2-27.1. Placement; secure child care facility.

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(1) A minor under 18 years of age and who is subject under
Article II of this Act to a secure child care facility may be
admitted to a secure child care facility for inpatient
treatment upon application to the facility director if, prior
to admission, the facility director and the Director of the
Department of Children and Family Services or the Director's
designate find that: the minor has a mental illness or
emotional disturbance, including but not limited to a behavior
disorder, of such severity that placement in a secure child
care facility is necessary because in the absence of such a
placement, the minor is likely to endanger self or others or
not meet his or her basic needs and this placement is the least
restrictive alternative. Prior to admission, a psychiatrist,
clinical social worker, or clinical psychologist who has
personally examined the minor shall state in writing that the
minor meets the standards for admission. The statement must set
forth in detail the reasons for that conclusion and shall
indicate what alternatives to secure treatment have been
explored. When the minor is placed in a child care facility
which includes a secure child care facility in addition to a
less restrictive setting, and the application for admission
states that the minor will be permanently placed in the less
restrictive setting of the child care facility as part of his
or her permanency plan after the need for secure treatment has
ended, the psychiatrist, clinical social worker, or clinical
psychologist shall state the reasons for the minor's need to be

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placed in secure treatment, the conditions under which the
minor may be placed in the less restrictive setting of the
facility, and the conditions under which the minor may need to
be returned to secure treatment.
(2) The application for admission under this Section shall
contain, in large bold-face type, a statement written in simple
non-technical terms of the minor's right to object and the
right to a hearing. A minor 12 years of age or older must be
given a copy of the application and the statement should be
explained to him or her in an understandable manner. A copy of
the application shall also be given to the person who executed
it, the designate of the Director of the Department of Children
and Family Services, the minor's parent, the minor's attorney,
and, if the minor is 12 years of age or older, 2 other persons
whom the minor may designate, excluding persons whose
whereabouts cannot reasonably be ascertained.
(3) Thirty days after admission, the facility director
shall review the minor's record and assess the need for
continuing placement in a secure child care facility. When the
minor has been placed in a child care facility which includes a
secure child care facility in addition to a less restrictive
setting, and the application for admission states that the
minor will be permanently placed in the less restrictive
setting of the child care facility as part of his or her
permanency plan after the need for secure treatment has ended,
the facility director shall review the stated reasons for the

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minor's need to be placed in secure treatment, the conditions
under which the minor may be placed in the less restrictive
setting of the facility, and the conditions under which the
minor may need to be returned to secure treatment. The director
of the facility shall consult with the designate of the
Director of the Department of Children and Family Services and
request authorization for continuing placement of the minor.
Request and authorization should be noted in the minor's
record. Every 60 days thereafter a review shall be conducted
and new authorization shall be secured from the designate for
as long as placement continues. Failure or refusal to authorize
continued placement shall constitute a request for the minor's
discharge.
(4) At any time during a minor's placement in a secure
child care facility, an objection may be made to that placement
by the minor, the minor's parents (except where parental rights
have been terminated), the minor's guardian ad litem, child
representative, or the minor's attorney. When an objection is
made, the minor shall be discharged at the earliest appropriate
time not to exceed 15 days, including Saturdays, Sundays, and
holidays unless the objection is withdrawn in writing or
unless, within that time, the Director or his or her designate
files with the Court a petition for review of the admission.
The petition must be accompanied by a certificate signed by a
psychiatrist, clinical social worker, or clinical
psychologist. The certificate shall be based upon a personal

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examination and shall specify that the minor has a mental
illness or an emotional disturbance of such severity that
placement in a secure facility is necessary, that the minor can
benefit from the placement, that a less restrictive alternative
is not appropriate, and that the placement is in the minor's
best interest.
(5) Upon receipt of a petition, the court shall set a
hearing to be held within 5 days, excluding Saturdays, Sundays,
and holidays. The court shall direct that notice of the time
and place of the hearing shall be served upon the minor, his or
her attorney and the minor's guardian ad litem, child
representative, the Director of the Department of Children and
Family Services or his or her designate, the State's Attorney,
and the attorney for the parents.
(6) The court shall order the minor discharged from the
secure child care facility if it determines that the minor does
not have a mental illness or emotional disturbance of such
severity that placement in a secure facility is necessary, or
if it determines that a less restrictive alternative is
appropriate.
(7) If however, the court finds that the minor does have a
mental illness or an emotional disturbance for which the minor
is likely to benefit from treatment but that a less restrictive
alternative is appropriate, the court shall order that the
Department of Children and Family Services prepare a case plan
for the minor which permits alternative treatment which is

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capable of providing adequate and humane treatment in the least
restrictive setting that is appropriate to the minor's
condition and serves the minor's best interests, and shall
authorize the continued placement of the minor in the secure
child care facility. At each permanency hearing conducted
thereafter, the court shall determine whether the minor does
not have a mental illness or emotional disturbance of such
severity that placement in a secure facility is necessary or,
if a less restrictive alternative is appropriate. If either of
these 2 conditions are not met, the court shall order the minor
discharged from the secure child care facility.
(8) Unwillingness or inability of the Department of
Children and Family Services to find a placement for the minor
shall not be grounds for the court's refusing to order
discharge of the minor.
(Source: P.A. 90-608, eff. 6-30-98.)
(705 ILCS 405/2-28.1)
Sec. 2-28.1. Permanency hearings; before hearing officers.
(a) The chief judge of the circuit court may appoint
hearing officers to conduct the permanency hearings set forth
in subsection (2) of Section 2-28, in accordance with the
provisions of this Section. The hearing officers shall be
attorneys with at least 3 years experience in child abuse and
neglect or permanency planning and in counties with a
population of 3,000,000 or more, any hearing officer appointed

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after September 1, 1997, must be an attorney admitted to
practice for at least 7 years. Once trained by the court,
hearing officers shall be authorized to do the following:
(1) Conduct a fair and impartial hearing.
(2) Summon and compel the attendance of witnesses.
(3) Administer the oath or affirmation and take
testimony under oath or affirmation.
(4) Require the production of evidence relevant to the
permanency hearing to be conducted. That evidence may
include, but need not be limited to case plans, social
histories, medical and psychological evaluations, child
placement histories, visitation records, and other
documents and writings applicable to those items.
(5) Rule on the admissibility of evidence using the
standard applied at a dispositional hearing under Section
2-22 of this Act.
(6) When necessary, cause notices to be issued
requiring parties, the public agency that is custodian or
guardian of the minor, or another agency responsible for
the minor's care to appear either before the hearing
officer or in court.
(7) Analyze the evidence presented to the hearing
officer and prepare written recommended orders, including
findings of fact, based on the evidence.
(8) Prior to the hearing, conduct any pre-hearings that
may be necessary.

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(9) Conduct in camera interviews with children when
requested by a child or the child's guardian ad litem or
child representative.
In counties with a population of 3,000,000 or more, hearing
officers shall also be authorized to do the following:
(i) Accept specific consents for adoption or
surrenders of parental rights from a parent or parents.
(ii) Conduct hearings on the progress made toward the
permanency goal set for the minor.
(iii) Perform other duties as assigned by the court.
(b) The hearing officer shall consider evidence and conduct
the permanency hearings as set forth in subsections (2) and (3)
of Section 2-28 in accordance with the standards set forth
therein. The hearing officer shall assure that a verbatim
record of the proceedings is made and retained for a period of
12 months or until the next permanency hearing, whichever date
is later, and shall direct to the clerk of the court all
documents and evidence to be made part of the court file. The
hearing officer shall inform the participants of their
individual rights and responsibilities. The hearing officer
shall identify the issues to be reviewed under subsection (2)
of Section 2-28, consider all relevant facts, and receive or
request any additional information necessary to make
recommendations to the court.
If a party fails to appear at the hearing, the hearing
officer may proceed to the permanency hearing with the parties

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present at the hearing. The hearing officer shall specifically
note for the court the absence of any parties. If all parties
are present at the permanency hearing, and the parties and the
Department are in agreement that the service plan and
permanency goal are appropriate or are in agreement that the
permanency goal for the child has been achieved, the hearing
officer shall prepare a recommended order, including findings
of fact, to be submitted to the court, and all parties and the
Department shall sign the recommended order at the time of the
hearing. The recommended order will then be submitted to the
court for its immediate consideration and the entry of an
appropriate order.
The court may enter an order consistent with the
recommended order without further hearing or notice to the
parties, may refer the matter to the hearing officer for
further proceedings, or may hold such additional hearings as
the court deems necessary. All parties present at the hearing
and the Department shall be tendered a copy of the court's
order at the conclusion of the hearing.
(c) If one or more parties are not present at the
permanency hearing, or any party or the Department of Children
and Family Services objects to the hearing officer's
recommended order, including any findings of fact, the hearing
officer shall set the matter for a judicial determination
within 30 days of the permanency hearing for the entry of the
recommended order or for receipt of the parties' objections.

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Any objections shall be in writing and identify the specific
findings or recommendations that are contested, the basis for
the objections, and the evidence or applicable law supporting
the objection. The recommended order and its contents may not
be disclosed to anyone other than the parties and the
Department or other agency unless otherwise specifically
ordered by a judge of the court.
Following the receipt of objections consistent with this
subsection from any party or the Department of Children and
Family Services to the hearing officer's recommended orders,
the court shall make a judicial determination of those portions
of the order to which objections were made, and shall enter an
appropriate order. The court may refuse to review any
objections that fail to meet the requirements of this
subsection.
(d) The following are judicial functions and shall be
performed only by a circuit judge or associate judge:
(1) Review of the recommended orders of the hearing
officer and entry of orders the court deems appropriate.
(2) Conduct of judicial hearings on all pre-hearing
motions and other matters that require a court order and
entry of orders as the court deems appropriate.
(3) Conduct of judicial determinations on all matters
in which the parties or the Department of Children and
Family Services disagree with the hearing officer's
recommended orders under subsection (3).

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(4) Issuance of rules to show cause, conduct of
contempt proceedings, and imposition of appropriate
sanctions or relief.
(Source: P.A. 89-17, eff. 5-31-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98; 90-87, eff. 9-1-97; 90-608, eff. 6-30-98; 90-655,
eff. 7-30-98.)
(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. Shelter care hearing. At the appearance of the
minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is a person requiring authoritative
intervention, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to
believe that the minor is a person requiring authoritative
intervention, the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. After such testimony, the court may
enter an order that the minor shall be released upon the
request of a parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. "Custodian"
includes the Department of Children and Family Services, if it

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has been given custody of the child, or any other agency of the
State which has been given custody or wardship of the child.
The Court shall require documentation by representatives of the
Department of Children and Family Services or the probation
department as to the reasonable efforts that were made to
prevent or eliminate the necessity of removal of the minor from
his or her home, and shall consider the testimony of any person
as to those reasonable efforts. If the court finds that it is a
matter of immediate and urgent necessity for the protection of
the minor or of the person or property of another that the
minor be placed in a shelter care facility, or that he or she
is likely to flee the jurisdiction of the court, and further
finds that reasonable efforts have been made or good cause has
been shown why reasonable efforts cannot prevent or eliminate
the necessity of removal of the minor from his or her home, the
court may prescribe shelter care and order that the minor be
kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of Children
and Family Services or a licensed child welfare agency;
otherwise it shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with
the court's order, comply with Section 7 of the Children and
Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,

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upon request of the Department or other agency, appoint the
Department of Children and Family Services Guardianship
Administrator or other appropriate agency executive temporary
custodian of the minor and the court may enter such other
orders related to the temporary custody as it deems fit and
proper, including the provision of services to the minor or his
family to ameliorate the causes contributing to the finding of
probable cause or to the finding of the existence of immediate
and urgent necessity. Acceptance of services shall not be
considered an admission of any allegation in a petition made
pursuant to this Act, nor may a referral of services be
considered as evidence in any proceeding pursuant to this Act,
except where the issue is whether the Department has made
reasonable efforts to reunite the family. In making its
findings that reasonable efforts have been made or that good
cause has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or her
home, the court shall state in writing its findings concerning
the nature of the services that were offered or the efforts
that were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian, temporary
custodian and minor shall each be furnished a copy of such
written findings. The temporary custodian shall maintain a copy
of the court order and written findings in the case record for
the child.

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The order together with the court's findings of fact and
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that such placement is no longer necessary for the
protection of the minor.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and entered
of record. The order shall expire after 10 days from the time
it is issued unless before its expiration it is renewed, at a
hearing upon appearance of the party respondent, or upon an
affidavit of the moving party as to all diligent efforts to
notify the party respondent by notice as herein prescribed. The
notice prescribed shall be in writing and shall be personally
delivered to the minor or the minor's attorney and to the last
known address of the other person or persons entitled to
notice. The notice shall also state the nature of the
allegations, the nature of the order sought by the State,
including whether temporary custody is sought, and the
consequences of failure to appear; and shall explain the right

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of the parties and the procedures to vacate or modify a shelter
care order as provided in this Section. The notice for a
shelter care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of
Illinois will present evidence (1) that (name of child or
children) ....................... are abused, neglected or
dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to
remove the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a trial
can be held. A trial may not be held for up to 90 days.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they cannot
afford one.
2. To ask the court to continue the hearing to allow
them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and urgent
necessity" to remove the child from home (including:

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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.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your
filing this affidavit.
At the rehearing, your rights are the same as at the

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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 or child representative
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, or counsel of the minor did not have actual notice of
or was not present at the shelter care hearing, he or she may
file an affidavit setting forth these facts, and the clerk
shall set the matter for rehearing not later than 48 hours,
excluding Sundays and legal holidays, after the filing of the
affidavit. At the rehearing, the court shall proceed in the
same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that the
minor taken into custody is a person described in subsection

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(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 specified in Section 3-11, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or custodian does not appear
at such rehearing, the judge may enter an order prescribing
that the minor be kept in a suitable place designated by the
Department of Children and Family Services or a licensed child
welfare agency.
(9) Notwithstanding any other provision of this Section,
any interested party, including the State, the temporary

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custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion to modify or vacate a temporary custody order
on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
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; or
(c) A person, 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.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of the
minor and his or her family.
(10) 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

HB4008 - 86 - LRB101 15667 RLC 65016 b
98-61).
(Source: P.A. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.)
(705 ILCS 405/3-16) (from Ch. 37, par. 803-16)
Sec. 3-16. Date for adjudicatory hearing. (a) Until January
1, 1988:
(1) When a petition has been filed alleging that the minor
requires authoritative intervention, an adjudicatory hearing
shall be held within 120 days. The 120 day period in which an
adjudicatory hearing shall be held is tolled by: (A) delay
occasioned by the minor; (B) a continuance allowed pursuant to
Section 114-4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for
trial; or (C) an interlocutory appeal. Any such delay shall
temporarily suspend for the time of the delay the period within
which the adjudicatory hearing must be held. On the day of
expiration of the delay, the said period shall continue at the
point at which it was suspended. Where no such adjudicatory
hearing is held within 120 days, the court may, on written
motion of a minor's guardian ad litem or child representative,
dismiss the petition with respect to such minor. Such dismissal
shall be without prejudice.
Where the court determines that the State exercised,
without success, due diligence to obtain evidence material to
the case, and that there are reasonable grounds to believe that
such evidence may be obtained at a later date, the court may,

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upon written motion by the State, continue the matter for not
more than 30 additional days.
(2) In the case of a minor ordered held in shelter care,
the hearing on the petition must be held within 10 judicial
days from the date of the order of the court directing shelter
care or the earliest possible date in compliance with the
notice provisions of Sections 3-17 and 3-18 as to the custodial
parent, guardian or legal custodian, but no later than 30
judicial days from the date of the order of the court directing
shelter care. Delay occasioned by the respondent shall
temporarily suspend, for the time of the delay, the period
within which a respondent must be tried pursuant to this
Section.
Upon failure to comply with the time limits specified in
this subsection (a)(2), the minor shall be immediately
released. The time limits specified in subsection (a)(1) shall
still apply.
(3) Nothing in this Section prevents the minor's exercise
of his or her right to waive any time limits set forth in this
Section.
(b) Beginning January 1, 1988:
(1) (A) When a petition has been filed alleging that the
minor requires authoritative intervention, an adjudicatory
hearing shall be held within 120 days of a demand made by any
party, except that when the court determines that the State,
without success, has exercised due diligence to obtain evidence

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material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later date, the
court may, upon motion by the State, continue the adjudicatory
hearing for not more than 30 additional days.
The 120 day period in which an adjudicatory hearing shall
be held is tolled by: (i) delay occasioned by the minor; or
(ii) a continuance allowed pursuant to Section 114-4 of the
Code of Criminal Procedure of 1963 after a court's
determination of the minor's physical incapacity for trial; or
(iii) an interlocutory appeal. Any such delay shall temporarily
suspend, for the time of the delay, the period within which the
adjudicatory hearing must be held. On the day of expiration of
the delay, the said period shall continue at the point at which
it was suspended.
(B) When no such adjudicatory hearing is held within the
time required by paragraph (b)(1)(A) of this Section, the court
shall, upon motion by any party, dismiss the petition with
prejudice.
(2) Without affecting the applicability of the tolling and
multiple prosecution provisions of paragraph (b)(1) of this
Section, when a petition has been filed alleging that the minor
requires authoritative intervention and the minor is in shelter
care, the adjudicatory hearing shall be held within 10 judicial
days after the date of the order directing shelter care, or the
earliest possible date in compliance with the notice provisions
of Sections 3-17 and 3-18 as to the custodial parent, guardian

HB4008 - 89 - LRB101 15667 RLC 65016 b
or legal custodian, but no later than 30 judicial days from the
date of the order of the court directing shelter care.
(3) Any failure to comply with the time limits of paragraph
(b)(2) of this Section shall require the immediate release of
the minor from shelter care, and the time limits of paragraph
(b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the
minor's parents or guardian from exercising their respective
rights to waive the time limits set forth in this Section.
(Source: P.A. 85-601.)
(705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
Sec. 3-17. Summons. (1) When a petition is filed, the clerk
of the court shall issue a summons with a copy of the petition
attached. The summons shall be directed to the minor's legal
guardian or custodian and to each person named as a respondent
in the petition, except that summons need not be directed to a
minor respondent under 8 years of age for whom the court
appoints a guardian ad litem or child representative if the
guardian ad litem or child representative appears on behalf of
the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is

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financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
person summoned at his usual place of abode, at least 3 days
before the time stated therein for appearance; or (c) leaving a
copy thereof with the guardian or custodian of a minor, at
least 3 days before the time stated therein for appearance. If
the guardian or custodian is an agency of the State of
Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such
agency designated by such agency to accept service of summons

HB4008 - 91 - LRB101 15667 RLC 65016 b
and petitions. The certificate of the officer or affidavit of
the person that he has sent the copy pursuant to this Section
is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.
(Source: P.A. 86-441.)
(705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
Sec. 3-19. Guardian ad litem or child representative.
(1) Immediately upon the filing of a petition alleging that
the minor requires authoritative intervention, the court may
appoint a guardian ad litem or child representative for the
minor if
(a) such petition alleges that the minor is the victim
of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article 11

HB4008 - 92 - LRB101 15667 RLC 65016 b
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of the defendant in
the commission of such offense.
(2) Unless the guardian ad litem or child representative
appointed pursuant to paragraph (1) is an attorney at law he
shall be represented in the performance of his duties by
counsel.
(3) Before proceeding with the hearing, the court shall
appoint a guardian ad litem or child representative for the
minor if
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of the
case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(4) The court may appoint a guardian ad litem or child
representative for the minor whenever it finds that there may
be a conflict of interest between the minor and his parents or
other custodian or that it is otherwise in the minor's interest
to do so.

HB4008 - 93 - LRB101 15667 RLC 65016 b
(5) The reasonable fees of a guardian ad litem or child
representative appointed under this Section shall be fixed by
the court and charged to the parents of the minor, to the
extent they are able to pay. If the parents are unable to pay
those fees, they shall be paid from the general fund of the
county.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/4-13) (from Ch. 37, par. 804-13)
Sec. 4-13. Date for adjudicatory hearing. (a) Until January
1, 1988:
(1) When a petition has been filed alleging that the minor
is an addict under this Article, an adjudicatory hearing shall
be held within 120 days. The 120 day period in which an
adjudicatory hearing shall be held is tolled by: (A) delay
occasioned by the minor; (B) a continuance allowed pursuant to
Section 114-4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for
trial; or (C) an interlocutory appeal. Any such delay shall
temporarily suspend for the time of the delay the period within
which the adjudicatory hearing must be held. On the day of
expiration of the delay, the said period shall continue at the
point at which it was suspended. Where no such adjudicatory
hearing is held within 120 days the court may, upon written
motion of such minor's guardian ad litem or child
representative, dismiss the petition with respect to such

HB4008 - 94 - LRB101 15667 RLC 65016 b
minor. Such dismissal shall be without prejudice.
Where the court determines that the State has exercised,
without success, due diligence to obtain evidence material to
the case, and that there are reasonable grounds to believe that
such evidence may be obtained at a later date the court may,
upon written motion by the state, continue the matter for not
more than 30 additional days.
(2) In the case of a minor ordered held in shelter care,
the hearing on the petition must be held within 10 judicial
days from the date of the order of the court directing shelter
care, or the earliest possible date in compliance with the
notice provisions of Sections 4-14 and 4-15 as to the custodial
parent, guardian or legal custodian, but no later than 30
judicial days from the date of the order of the court directing
shelter care. Delay occasioned by the respondent shall
temporarily suspend, for the time of the delay, the period
within which a respondent must be brought to an adjudicatory
hearing pursuant to this Section.
Any failure to comply with the time limits of this
subsection must require the immediate release of the minor and
the time limits of subsection (a) (1) shall apply.
(3) Nothing in this Section prevents the minor's exercise
of his or her right to waive the time limits set forth in this
Section.
(b) Beginning January 1, 1988:
(1) (A) When a petition has been filed alleging that the

HB4008 - 95 - LRB101 15667 RLC 65016 b
minor is an addict under this Article, an adjudicatory hearing
shall be held within 120 days of a demand made by any party,
except that when the court determines that the State, without
success, has exercised due diligence to obtain evidence
material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later date, the
court may, upon motion by the State, continue the adjudicatory
hearing for not more than 30 additional days.
The 120 day period in which an adjudicatory hearing shall
be held is tolled by: (i) delay occasioned by the minor; or
(ii) a continuance allowed pursuant to Section 114-4 of the
Code of Criminal Procedure of 1963 after a court's
determination of the minor's physical incapacity for trial; or
(iii) an interlocutory appeal. Any such delay shall temporarily
suspend for the time of the delay the period within which the
adjudicatory hearing must be held. On the day of expiration of
the delay, the said period shall continue at the point at which
it was suspended.
(B) When no such adjudicatory hearing is held within the
time required by paragraph (b)(1)(A) of this Section, the court
shall, upon motion by any party, dismiss the petition with
prejudice.
(2) Without affecting the applicability of the tolling and
multiple prosecution provisions of paragraph (b) (1) of this
Section, when a petition has been filed alleging that the minor
is an addict under this Article and the minor is in shelter

HB4008 - 96 - LRB101 15667 RLC 65016 b
care, the adjudicatory hearing shall be held within 10 judicial
days after the date of the order directing shelter care, or the
earliest possible date in compliance with the notice provisions
of Sections 4-14 and 4-15 as to the custodial parent, guardian
or legal custodian, but no later than 30 judicial days from the
date of the order of the court directing shelter care.
(3) Any failure to comply with the time limits of paragraph
(b)(2) of this Section shall require the immediate release of
the minor from shelter care, and the time limits of paragraph
(b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the
minor's parents or guardian from exercising their respective
rights to waive the time limits set forth in this Section.
(Source: P.A. 85-601.)
(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
Sec. 4-14. Summons. (1) When a petition is filed, the clerk
of the court shall issue a summons with a copy of the petition
attached. The summons shall be directed to the minor's legal
guardian or custodian and to each person named as a respondent
in the petition, except that summons need not be directed to a
minor respondent under 8 years of age for whom the court
appoints a guardian ad litem or child representative if the
guardian ad litem or child representative appears on behalf of
the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or

HB4008 - 97 - LRB101 15667 RLC 65016 b
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided that the officer or
other person making service shall also send a copy of the
summons in a sealed envelope with postage fully prepaid,
addressed to the person summoned at his usual place of abode,
at least 3 days before the time stated therein for appearance;
or (c) leaving a copy thereof with the guardian or custodian of
a minor, at least 3 days before the time stated therein for

HB4008 - 98 - LRB101 15667 RLC 65016 b
appearance. If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy
of the summons and petition with any administrative employee of
such agency designated by such agency to accept service of
summons and petitions. The certificate of the officer or
affidavit of the person that he has sent the copy pursuant to
this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.
(Source: P.A. 86-441.)
(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
Sec. 4-16. Guardian ad litem and child representative.
(1) Immediately upon the filing of a petition alleging that
the minor is a person described in Section 4-3 of this Act, the
court may appoint a guardian ad litem or child representative
for the minor if:

HB4008 - 99 - LRB101 15667 RLC 65016 b
(a) such petition alleges that the minor is the victim
of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article 11
or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of the defendant in
the commission of such offense.
Unless the guardian ad litem or child representative
appointed pursuant to this paragraph (1) is an attorney at law
he shall be represented in the performance of his duties by
counsel.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem or child representative for the
minor if
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of the
case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem or child

HB4008 - 100 - LRB101 15667 RLC 65016 b
representative for the minor whenever it finds that there may
be a conflict of interest between the minor and his parents or
other custodian or that it is otherwise in the minor's interest
to do so.
(4) Unless the guardian ad litem or child representative is
an attorney, he shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem or child
representative appointed under this Section shall be fixed by
the court and charged to the parents of the minor, to the
extent they are able to pay. If the parents are unable to pay
those fees, they shall be paid from the general fund of the
county.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-525)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
prosecution, the clerk of the court shall issue a summons
with a copy of the petition attached. The summons shall be
directed to the minor's parent, guardian or legal custodian
and to each person named as a respondent in the petition,
except that summons need not be directed (i) to a minor
respondent under 8 years of age for whom the court appoints
a guardian ad litem or child representative if the guardian
ad litem or child representative appears on behalf of the

HB4008 - 101 - LRB101 15667 RLC 65016 b
minor in any proceeding under this Act, or (ii) to a parent
who does not reside with the minor, does not make regular
child support payments to the minor, to the minor's other
parent, or to the minor's legal guardian or custodian
pursuant to a support order, and has not communicated with
the minor on a regular basis.
(b) The summons must contain a statement that the minor
is entitled to have an attorney present at the hearing on
the petition, and that the clerk of the court should be
notified promptly if the minor desires to be represented by
an attorney but is financially unable to employ counsel.
(c) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the
date set for the adjudicatory hearing.
(d) The summons may be served by any law enforcement
officer, coroner or probation officer, even though the
officer is the petitioner. The return of the summons with
endorsement of service by the officer is sufficient proof
of service.
(e) Service of a summons and petition shall be made by:
(i) leaving a copy of the summons and petition with the
person summoned at least 3 days before the time stated in
the summons for appearance; (ii) leaving a copy at his or
her usual place of abode with some person of the family, of

HB4008 - 102 - LRB101 15667 RLC 65016 b
the age of 10 years or upwards, and informing that person
of the contents of the summons and petition, provided, the
officer or other person making service shall also send a
copy of the summons in a sealed envelope with postage fully
prepaid, addressed to the person summoned at his or her
usual place of abode, at least 3 days before the time
stated in the summons for appearance; or (iii) leaving a
copy of the summons and petition with the guardian or
custodian of a minor, at least 3 days before the time
stated in the summons for appearance. If the guardian or
legal custodian is an agency of the State of Illinois,
proper service may be made by leaving a copy of the summons
and petition with any administrative employee of the agency
designated by the agency to accept the service of summons
and petitions. The certificate of the officer or affidavit
of the person that he or she has sent the copy pursuant to
this Section is sufficient proof of service.
(f) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or
who has waived or acknowledged service, fails to appear
with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the
minor, or both.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in subsection
(1) is not made on any respondent within a reasonable time

HB4008 - 103 - LRB101 15667 RLC 65016 b
or if it appears that any respondent resides outside the
State, service may be made by certified mail. In that case
the clerk shall mail the summons and a copy of the petition
to that respondent by certified mail marked for delivery to
addressee only. The court shall not proceed with the
adjudicatory hearing until 5 days after the mailing. The
regular return receipt for certified mail is sufficient
proof of service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent under
the designation of "All Whom It May Concern", or if service
cannot be made because the whereabouts of a respondent are
unknown, service may be made by publication. The clerk of
the court as soon as possible shall cause publication to be
made once in a newspaper of general circulation in the
county where the action is pending. Service by publication
is not required in any case when the person alleged to have
legal custody of the minor has been served with summons
personally or by certified mail, but the court may not
enter any order or judgment against any person who cannot
be served with process other than by publication unless
service by publication is given or unless that person
appears. Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a

HB4008 - 104 - LRB101 15667 RLC 65016 b
trial or a plea of delinquency by the minor. When a minor
has been detained or sheltered under Section 5-501 of this
Act and summons has not been served personally or by
certified mail within 20 days from the date of the order of
court directing such detention or shelter care, the clerk
of the court shall cause publication. Service by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if
there is any respondent under that designation):
Take notice that on (insert date) a petition was
filed under the Juvenile Court Act of 1987 by .... in
the circuit court of .... county entitled 'In the
interest of ...., a minor', and that in .... courtroom
at .... on (insert date) at the hour of ...., or as
soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to
have the child declared to be a ward of the court under
that Act. The court has authority in this proceeding to
take from you the custody and guardianship of the
minor.
Now, unless you appear at the hearing and show
cause against the petition, the allegations of the
petition may stand admitted as against you and each of
you, and an order or judgment entered.
........................................

HB4008 - 105 - LRB101 15667 RLC 65016 b
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the publication
of the notice send a copy of the notice by mail to each of
the respondents on account of whom publication is made at
his or her last known address. The certificate of the clerk
that he or she has mailed the notice is evidence of that
mailing. No other publication notice is required. Every
respondent notified by publication under this Section must
appear and answer in open court at the hearing. The court
may not proceed with the adjudicatory hearing until 10 days
after service by publication on any custodial parent,
guardian or legal custodian of a minor alleged to be
delinquent.
(d) If it becomes necessary to change the date set for
the hearing in order to comply with this Section, notice of
the resetting of the date must be given, by certified mail
or other reasonable means, to each respondent who has been
served with summons personally or by certified mail.
(3) Once jurisdiction has been established over a
party, further service is not required and notice of any
subsequent proceedings in that prosecution shall be made in
accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian or
legal custodian, or a person named as a respondent in a
petition, in any proceeding under this Act shall constitute

HB4008 - 106 - LRB101 15667 RLC 65016 b
a waiver of service and submission to the jurisdiction of
the court. A copy of the petition shall be provided to the
person at the time of his or her appearance.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
(705 ILCS 405/5-610)
Sec. 5-610. Guardian ad litem and child representative and
appointment of attorney.
(1) The court may appoint a guardian ad litem or child
representative for the minor whenever it finds that there may
be a conflict of interest between the minor and his or her
parent, guardian or legal custodian or that it is otherwise in
the minor's interest to do so.
(2) Unless the guardian ad litem or child representative is
an attorney, he or she shall be represented by counsel.
(3) The reasonable fees of a guardian ad litem or child
representative appointed under this Section shall be fixed by
the court and charged to the parents of the minor, to the
extent they are able to pay. If the parents are unable to pay
those fees, they shall be paid from the general fund of the
county.
(4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that he or she has an actual
conflict of interest with the minor in that delinquency
proceeding and that the parents, guardian, or legal custodian
are indigent, the court shall appoint a separate attorney for

HB4008 - 107 - LRB101 15667 RLC 65016 b
that parent, guardian, or legal custodian.
(5) A guardian ad litem or child representative appointed
under this Section for a minor who is in the custody or
guardianship of the Department of Children and Family Services
or who has an open intact family services case with the
Department of Children and Family Services is entitled to
receive copies of any and all classified reports of child abuse
or neglect made pursuant to the Abused and Neglected Child
Reporting Act in which the minor, who is the subject of the
report under the Abused and Neglected Child Reporting Act, is
also a minor for whom the guardian ad litem or child
representative is appointed under this Act. The Department of
Children and Family Services' obligation under this subsection
to provide reports to a guardian ad litem or child
representative for a minor with an open intact family services
case applies only if the guardian ad litem or child
representative notified the Department in writing of the
representation.
(Source: P.A. 100-158, eff. 1-1-18.)
(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act, including the
Department of Juvenile Justice for youth committed under
Section 5-750 of this Act, to report periodically to the court

HB4008 - 108 - LRB101 15667 RLC 65016 b
or may cite him or her into court and require him or her, or his
or her agency, to make a full and accurate report of his or her
or its doings in behalf of the minor, including efforts to
secure post-release placement of the youth after release from
the Department's facilities. The legal custodian or guardian,
within 10 days after the citation, shall make the report,
either in writing verified by affidavit or orally under oath in
open court, or otherwise as the court directs. Upon the hearing
of the report the court may remove the legal custodian or
guardian and appoint another in his or her stead or restore the
minor to the custody of his or her parents or former guardian
or legal custodian.
(2) If the Department of Children and Family Services is
appointed legal custodian or guardian of a minor under Section
5-740 of this Act, the Department of Children and Family
Services shall file updated case plans with the court every 6
months. Every agency which has guardianship of a child shall
file a supplemental petition for court review, or review by an
administrative body appointed or approved by the court and
further order within 18 months of the sentencing order and each
18 months thereafter. The petition shall state facts relative
to the child's present condition of physical, mental and
emotional health as well as facts relative to his or her
present custodial or foster care. The petition shall be set for
hearing and the clerk shall mail 10 days notice of the hearing
by certified mail, return receipt requested, to the person or

HB4008 - 109 - LRB101 15667 RLC 65016 b
agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is
filed with the petition.
If the minor is in the custody of the Illinois Department
of Children and Family Services, pursuant to an order entered
under this Article, the court shall conduct permanency hearings
as set out in subsections (1), (2), and (3) of Section 2-28 of
Article II of this Act.
Rights of wards of the court under this Act are enforceable
against any public agency by complaints for relief by mandamus
filed in any proceedings brought under this Act.
(3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for
the restoration of the minor to the custody of his or her
parents or former guardian or custodian. In the event that the
minor has attained 18 years of age and the guardian or
custodian petitions the court for an order terminating his or
her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of the
petition unless the court orders otherwise. No legal custodian
or guardian of the person may be removed without his or her
consent until given notice and an opportunity to be heard by
the court.
(4) If the minor is committed to the Department of Juvenile
Justice under Section 5-750 of this Act, the Department shall

HB4008 - 110 - LRB101 15667 RLC 65016 b
notify the court in writing of the occurrence of any of the
following:
(a) a critical incident involving a youth committed to
the Department; as used in this paragraph (a), "critical
incident" means any incident that involves a serious risk
to the life, health, or well-being of the youth and
includes, but is not limited to, an accident or suicide
attempt resulting in serious bodily harm or
hospitalization, psychiatric hospitalization, alleged or
suspected abuse, or escape or attempted escape from
custody, filed within 10 days of the occurrence;
(b) a youth who has been released by the Prisoner
Review Board but remains in a Department facility solely
because the youth does not have an approved aftercare
release host site, filed within 10 days of the occurrence;
(c) a youth, except a youth who has been adjudicated a
habitual or violent juvenile offender under Section 5-815
or 5-820 of this Act or committed for first degree murder,
who has been held in a Department facility for over one
consecutive year; or
(d) if a report has been filed under paragraph (c) of
this subsection, a supplemental report shall be filed every
6 months thereafter.
The notification required by this subsection (4) shall contain
a brief description of the incident or situation and a summary
of the youth's current physical, mental, and emotional health

HB4008 - 111 - LRB101 15667 RLC 65016 b
and the actions the Department took in response to the incident
or to identify an aftercare release host site, as applicable.
Upon receipt of the notification, the court may require the
Department to make a full report under subsection (1) of this
Section.
(5) With respect to any report required to be filed with
the court under this Section, the Independent Juvenile
Ombudsman shall provide a copy to the minor's court appointed
guardian ad litem or child representative, if the Department
has received written notice of the appointment, and to the
minor's attorney, if the Department has received written notice
of representation from the attorney. If the Department has a
record that a guardian has been appointed for the minor and a
record of the last known address of the minor's court appointed
guardian, the Independent Juvenile Ombudsman shall send a
notice to the guardian that the report is available and will be
provided by the Independent Juvenile Ombudsman upon request. If
the Department has no record regarding the appointment of a
guardian for the minor, and the Department's records include
the last known addresses of the minor's parents, the
Independent Juvenile Ombudsman shall send a notice to the
parents that the report is available and will be provided by
the Independent Juvenile Ombudsman upon request.
(Source: P.A. 99-628, eff. 1-1-17; 99-664, eff. 1-1-17;
100-201, eff. 8-18-17.)