(705 ILCS 405/2-20)
(from Ch. 37, par. 802-20)
Continuance under supervision.
(1) The court may enter an
order of continuance under supervision (a) upon an admission or stipulation
by the appropriate respondent or minor respondent of the facts supporting
the petition and before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before noting in the
minutes of proceeding a finding of whether or not the minor is abused,
neglected or dependent; and (b) in the absence of objection made in open
court by the minor, his parent, guardian, custodian, responsible relative,
defense attorney or the State's Attorney.
(2) If the minor, his parent, guardian, custodian, responsible
relative, defense attorney or the State's Attorney, objects in open court to
any such continuance and insists upon proceeding to findings and
adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or
for any other proper reason.
(4) When a hearing where a minor is alleged to be abused, neglected or
dependent is continued pursuant to this Section, the court
may permit the minor to remain in his home
if the court determines and makes written factual findings that the minor can
be cared for at home when consistent with the minor's
health, safety, and best interests,
subject to such conditions
concerning his conduct and supervision as the court may require by order.
(5) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that such condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The filing of a
petition for violation of a condition of the continuance under supervision
shall toll the period of continuance under supervision until the final
determination of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that does not constitute
a criminal offense, the hearing must be held within 15 days of the filing
of the petition unless a delay in such hearing has been occasioned by the
minor, in which case the delay shall continue the tolling of the period
of continuance under supervision for the period of such delay.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98.)