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90_HB2252
705 ILCS 405/1-15 from Ch. 37, par. 801-15
705 ILCS 405/2-10 from Ch. 37, par. 802-10
705 ILCS 405/2-13 from Ch. 37, par. 802-13
705 ILCS 405/2-15 from Ch. 37, par. 802-15
705 ILCS 405/2-21 from Ch. 37, par. 802-21
705 ILCS 405/2-28 from Ch. 37, par. 802-28
705 ILCS 405/2-16 rep.
735 ILCS 5/2-301 from Ch. 110, par. 2-301
Amends the Juvenile Court Act. Adds provisions
concerning objections to the court's jurisdiction. In
proceedings concerning abused, neglected, or dependent
minors, requires the court to make certain written statements
supporting its finding that it is in the minor's best
interests to prescribe shelter care. Adds provisions
concerning service of process, including provision for
service by publication. Makes other changes. Amends the
Code of Civil Procedure to make an objection to jurisdiction
as provided in the Juvenile Court Act an exception to the
rule that every appearance prior to judgment not in
compliance with the Code's requirements for special
appearances is a general appearance and not a special
appearance.
LRB9004936DJcd
LRB9004936DJcd
1 AN ACT concerning juveniles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 1-15, 2-10, 2-13, 2-15, 2-21, and 2-28 as
6 follows:
7 (705 ILCS 405/1-15) (from Ch. 37, par. 801-15)
8 Sec. 1-15. Wrong Venue or Inadequate Service.
9 (a) All objections of improper venue are waived by a
10 party respondent unless a motion to transfer to a proper
11 venue is made by that party respondent before the start of an
12 adjudicatory hearing conducted under any Article of this Act.
13 No order or judgment is void because of a claim that it was
14 rendered in the wrong venue unless that claim is raised in
15 accordance with this Section.
16 (b) A party respondent who either has been properly
17 served, or who appears before the court personally or by
18 counsel at the adjudicatory hearing or at any earlier
19 proceeding on a petition for wardship under this Act leading
20 to that adjudicatory hearing, and who wishes to object to the
21 court's jurisdiction on the ground that some necessary party
22 either has not been served or has not been properly served
23 may must raise that claim at before the start of the
24 adjudicatory hearing or at any earlier proceeding conducted
25 under any Article of this Act. An objection to jurisdiction
26 on the ground of failure to serve or improper service is not
27 waived by being joined with any other defense or objection.
28 An objection to jurisdiction on the ground of failure to
29 serve or improper service is waived by appearance at and
30 participation in the adjudicatory hearing if not asserted at
31 the hearing, either separately or in combination with any
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1 other objection. The procedures to correct jurisdictional
2 defects set forth in subsection (5) of Section 2-13 shall
3 apply in any case in which a court dismisses an action on the
4 grounds of failure to serve or improper service. No order or
5 judgment is void because of a claim of inadequate service
6 unless that claim is raised in accordance with this Section.
7 (c) This Section is an exception to Section 2-301 of the
8 Code of Civil Procedure.
9 (Source: P.A. 86-1012; 86-1475.)
10 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
11 Sec. 2-10. Temporary custody hearing. At the appearance
12 of the minor before the court at the temporary custody
13 hearing, all witnesses present shall be examined before the
14 court in relation to any matter connected with the
15 allegations made in the petition.
16 (1) If the court finds that there is not probable cause
17 to believe that the minor is abused, neglected or dependent
18 it shall release the minor and dismiss the petition.
19 (2) If the court finds that there is probable cause to
20 believe that the minor is abused, neglected or dependent, the
21 court shall state in writing the factual basis supporting its
22 finding and the minor, his or her parent, guardian, custodian
23 and other persons able to give relevant testimony shall be
24 examined before the court. The Department of Children and
25 Family Services shall give testimony concerning indicated
26 reports of abuse and neglect, of which they are aware of
27 through the central registry, involving the minor's parent,
28 guardian or custodian. After such testimony, the court may,
29 if it is in the best interests of the minor, enter an order
30 that the minor shall be released upon the request of parent,
31 guardian or custodian if the parent, guardian or custodian
32 appears to take custody. Custodian shall include any agency
33 of the State which has been given custody or wardship of the
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1 child. If it is in the best interests of the minor, the court
2 may also prescribe shelter care and order that the minor be
3 kept in a suitable place designated by the court or in a
4 shelter care facility designated by the Department of
5 Children and Family Services or a licensed child welfare
6 agency; however, a minor charged with a criminal offense
7 under the Criminal Code of 1961 or adjudicated delinquent
8 shall not be placed in the custody of or committed to the
9 Department of Children and Family Services by any court,
10 except a minor less than 13 years of age and committed to the
11 Department of Children and Family Services under Section 5-23
12 of this Act or a minor for whom an independent basis of
13 abuse, neglect, or dependency exists, which must be defined
14 by departmental rule. In placing the minor, the Department or
15 other agency shall, to the extent compatible with the court's
16 order, comply with Section 7 of the Children and Family
17 Services Act. In determining that it is in the best interests
18 of the minor to prescribe shelter care, the court must find
19 that it is a matter of immediate and urgent necessity for the
20 protection of the minor or of the person or property of
21 another that the minor be placed in a shelter care facility
22 or that he or she is likely to flee the jurisdiction of the
23 court, and must further find that reasonable efforts have
24 been made or that, in the best interests of the minor, no
25 efforts reasonably can be made to prevent or eliminate the
26 necessity of removal of the minor from his or her home. The
27 court shall require documentation from the Department of
28 Children and Family Services as to the reasonable efforts
29 that were made to prevent or eliminate the necessity of
30 removal of the minor from his or her home or the reasons why
31 no efforts reasonably could be made to prevent or eliminate
32 the necessity of removal. In making its findings that it is
33 in the best interests of the minor to prescribe shelter care,
34 the court shall state in writing (i) the factual basis
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1 supporting its conclusion that there is probable cause to
2 believe the minor is abused, neglected, or dependent, (ii)
3 the factual basis supporting its conclusions that it is a
4 matter of immediate and urgent necessity for the protection
5 of the minor or of the person or property of another to place
6 the minor in shelter care, and (iii) the factual basis
7 supporting its conclusion that reasonable efforts were made
8 to prevent or eliminate the removal of the minor from his or
9 her home or that no efforts reasonably could be made to
10 prevent or eliminate the removal of the minor from his or her
11 home. The parents, guardian, custodian, temporary custodian,
12 and minor shall each be furnished a copy of those written
13 decisions. The temporary custodian shall maintain a copy of
14 the court order and written decisions in the case record for
15 the minor. The order together with the court's
16 determinations of fact in support thereof shall be entered in
17 the record in the court. When a minor is placed in the home
18 of a relative, the Department of Children and Family Services
19 shall complete a preliminary background review of the members
20 of the minor's custodian's household in accordance with
21 Section 4.3 of the Child Care Act of 1969 within 90 days of
22 that placement. If the minor is ordered placed in a shelter
23 care facility of the Department of Children and Family
24 Services or a licensed child welfare agency, the court shall,
25 upon request of the appropriate Department or other agency,
26 appoint the Department of Children and Family Services
27 Guardianship Administrator or other appropriate agency
28 executive temporary custodian of the minor and the court may
29 enter such other orders related to the temporary custody as
30 it deems fit and proper, including the provision of services
31 to the minor or his family to ameliorate the causes
32 contributing to the finding of probable cause or to the
33 finding of the existence of immediate and urgent necessity.
34 Acceptance of services shall not be considered an admission
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1 of any allegation in a petition made pursuant to this Act,
2 nor may a referral of services be considered as evidence in
3 any proceeding pursuant to this Act, except where the issue
4 is whether the Department has made reasonable efforts to
5 reunite the family. In making its findings that it is in the
6 best interests of the minor to prescribe shelter care, the
7 court shall state in writing (i) the factual basis supporting
8 its findings concerning the immediate and urgent necessity
9 for the protection of the minor or of the person or property
10 of another and (ii) the factual basis supporting its findings
11 that reasonable efforts were made to prevent or eliminate the
12 removal of the minor from his or her home or that no efforts
13 reasonably could be made to prevent or eliminate the removal
14 of the minor from his or her home. The parents, guardian,
15 custodian, temporary custodian and minor shall each be
16 furnished a copy of such written findings. The temporary
17 custodian shall maintain a copy of the court order and
18 written findings in the case record for the child. The order
19 together with the court's findings of fact in support thereof
20 shall be entered of record in the court.
21 Once the court finds that it is a matter of immediate and
22 urgent necessity for the protection of the minor that the
23 minor be placed in a shelter care facility, the minor shall
24 not be returned to the parent, custodian or guardian until
25 the court finds that such placement is no longer necessary
26 for the protection of the minor.
27 (3) If prior to the shelter care hearing for a minor
28 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
29 is unable to serve notice on the party respondent, the
30 shelter care hearing may proceed ex-parte. A shelter care
31 order from an ex-parte hearing shall be endorsed with the
32 date and hour of issuance and shall be filed with the clerk's
33 office and entered of record. The order shall expire after 10
34 days from the time it is issued unless before its expiration
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1 it is renewed, at a hearing upon appearance of the party
2 respondent, or upon an affidavit of the moving party as to
3 all diligent efforts to notify the party respondent by notice
4 as herein prescribed. The notice prescribed shall be in
5 writing and shall be personally delivered to the minor or the
6 minor's attorney and to the last known address of the other
7 person or persons entitled to notice. The notice shall also
8 state the nature of the allegations, the nature of the order
9 sought by the State, including whether temporary custody is
10 sought, and the consequences of failure to appear; and shall
11 explain the right of the parties and the procedures to vacate
12 or modify a shelter care order as provided in this Section.
13 The notice for a shelter care hearing shall be substantially
14 as follows:
15 NOTICE TO PARENTS AND CHILDREN
16 OF SHELTER CARE HEARING
17 On ................ at ........., before the
18 Honorable ................, (address:) .................,
19 the State of Illinois will present evidence (1) that
20 (name of child or children) ....................... are
21 abused, neglected or dependent for the following reasons:
22 .............................................. and (2)
23 that there is "immediate and urgent necessity" to remove
24 the child or children from the responsible relative.
25 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
26 PLACEMENT of the child or children in foster care until a
27 trial can be held. A trial may not be held for up to 90
28 days.
29 At the shelter care hearing, parents have the
30 following rights:
31 1. To ask the court to appoint a lawyer if
32 they cannot afford one.
33 2. To ask the court to continue the hearing to
34 allow them time to prepare.
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1 3. To present evidence concerning:
2 a. Whether or not the child or children
3 were abused, neglected or dependent.
4 b. Whether or not there is "immediate and
5 urgent necessity" to remove the child from home
6 (including: their ability to care for the
7 child, conditions in the home, alternative
8 means of protecting the child other than
9 removal).
10 c. The best interests of the child.
11 4. To cross examine the State's witnesses.
12 The Notice for rehearings shall be substantially as
13 follows:
14 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
15 TO REHEARING ON TEMPORARY CUSTODY
16 If you were not present at and did not have adequate
17 notice of the Shelter Care Hearing at which temporary
18 custody of ............... was awarded to
19 ................, you have the right to request a full
20 rehearing on whether the State should have temporary
21 custody of ................. To request this rehearing,
22 you must file with the Clerk of the Juvenile Court
23 (address): ........................, in person or by
24 mailing a statement (affidavit) setting forth the
25 following:
26 1. That you were not present at the shelter
27 care hearing.
28 2. That you did not get adequate notice
29 (explaining how the notice was inadequate).
30 3. Your signature.
31 4. Signature must be notarized.
32 The rehearing should be scheduled within one day of
33 your filing this affidavit.
34 At the rehearing, your rights are the same as at the
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1 initial shelter care hearing. The enclosed notice
2 explains those rights.
3 At the Shelter Care Hearing, children have the
4 following rights:
5 1. To have a guardian ad litem appointed.
6 2. To be declared competent as a witness and
7 to present testimony concerning:
8 a. Whether they are abused, neglected or
9 dependent.
10 b. Whether there is "immediate and urgent
11 necessity" to be removed from home.
12 c. Their best interests.
13 3. To cross examine witnesses for other
14 parties.
15 4. To obtain an explanation of any proceedings
16 and orders of the court.
17 (4) If the parent, guardian, legal custodian,
18 responsible relative, minor age 8 or over, or counsel of the
19 minor did not have actual notice of or was not present at the
20 shelter care hearing, he or she may file an affidavit setting
21 forth these facts, and the clerk shall set the matter for
22 rehearing not later than 48 hours, excluding Sundays and
23 legal holidays, after the filing of the affidavit. At the
24 rehearing, the court shall proceed in the same manner as upon
25 the original hearing.
26 (5) Only when there is reasonable cause to believe that
27 the minor taken into custody is a person described in Section
28 5-3 may the minor be kept or detained in a detention home or
29 county or municipal jail. This Section shall in no way be
30 construed to limit subsection (6).
31 (6) No minor under 16 years of age may be confined in a
32 jail or place ordinarily used for the confinement of
33 prisoners in a police station. Minors under 17 years of age
34 must be kept separate from confined adults and may not at any
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1 time be kept in the same cell, room, or yard with adults
2 confined pursuant to the criminal law.
3 (7) If the minor is not brought before a judicial
4 officer within the time period as specified in Section 2-9,
5 the minor must immediately be released from custody.
6 (8) If neither the parent, guardian or custodian appears
7 within 24 hours to take custody of a minor released upon
8 request pursuant to subsection (2) of this Section, then the
9 clerk of the court shall set the matter for rehearing not
10 later than 7 days after the original order and shall issue a
11 summons directed to the parent, guardian or custodian to
12 appear. At the same time the probation department shall
13 prepare a report on the minor. If a parent, guardian or
14 custodian does not appear at such rehearing, the judge may
15 enter an order prescribing that the minor be kept in a
16 suitable place designated by the Department of Children and
17 Family Services or a licensed child welfare agency.
18 (9) Notwithstanding any other provision of this Section
19 any interested party, including the State, the temporary
20 custodian, an agency providing services to the minor or
21 family under a service plan pursuant to Section 8.2 of the
22 Abused and Neglected Child Reporting Act, foster parent, or
23 any of their representatives, on notice to all parties
24 entitled to notice, may file a motion that it is in the best
25 interests of the minor to modify or vacate a temporary
26 custody order on any of the following grounds:
27 (a) It is no longer a matter of immediate and
28 urgent necessity that the minor remain in shelter care;
29 or
30 (b) There is a material change in the circumstances
31 of the natural family from which the minor was removed;
32 or
33 (c) A person not a party to the alleged abuse,
34 neglect or dependency, including a parent, relative or
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1 legal guardian, is capable of assuming temporary custody
2 of the minor; or
3 (d) Services provided by the Department of Children
4 and Family Services or a child welfare agency or other
5 service provider have been successful in eliminating the
6 need for temporary custody.
7 In ruling on the motion, the court shall determine
8 whether it is in the best interests of the minor to modify or
9 vacate a temporary custody order.
10 The clerk shall set the matter for hearing not later than
11 14 days after such motion is filed. In the event that the
12 court modifies or vacates a temporary custody order but does
13 not vacate its finding of probable cause, the court may order
14 that appropriate services be continued or initiated in behalf
15 of the minor and his or her family.
16 (10) When the court finds or has found that there is
17 probable cause to believe a minor is an abused minor as
18 described in subsection (2) of Section 2-3 and that there is
19 an immediate and urgent necessity for the abused minor to be
20 placed in shelter care, immediate and urgent necessity shall
21 be presumed for any other minor residing in the same
22 household as the abused minor provided:
23 (a) Such other minor is the subject of an abuse or
24 neglect petition pending before the court; and
25 (b) A party to the petition is seeking shelter care
26 for such other minor.
27 Once the presumption of immediate and urgent necessity
28 has been raised, the burden of demonstrating the lack of
29 immediate and urgent necessity shall be on any party that is
30 opposing shelter care for the other minor.
31 (Source: P.A. 88-7; 88-491; 88-614, eff. 9-7-94; 88-670, eff.
32 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
33 89-626, eff. 8-9-96.)
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1 (705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
2 (Text of Section before amendment by P.A. 89-704)
3 Sec. 2-13. Petition; supplemental petitions.
4 (1) Any adult person, any agency or association by its
5 representative may file, or the court on its own motion in
6 the best interests of the minor may direct the filing through
7 the State's Attorney of a petition in respect of a minor
8 under this Act. The petition and all subsequent court
9 documents shall be entitled "In the interest of ...., a
10 minor".
11 (2) The petition shall be verified but the statements
12 may be made upon information and belief. It shall allege that
13 the minor is abused, neglected, or dependent, with citations
14 to the appropriate provisions of this Act, and set forth (a)
15 facts sufficient to bring the minor under Section 2-3 or 2-4
16 and to inform respondents of the cause of action, including,
17 but not limited to, a plain and concise statement of the
18 factual allegations that form the basis for the filing of the
19 petition; (b) the name, age and residence of the minor; (c)
20 the names and residences of his parents; (d) the name and
21 residence of his legal guardian or the person or persons
22 having custody or control of the minor, or of the nearest
23 known relative if no parent or guardian can be found; and (e)
24 if the minor upon whose behalf the petition is brought is
25 sheltered in custody, the date on which such temporary
26 custody was ordered by the court or the date set for a
27 temporary custody hearing. If any of the facts herein
28 required are not known by the petitioner, the petition shall
29 so state.
30 (3) The petition must allege that it is in the best
31 interests of the minor and of the public that he be adjudged
32 a ward of the court and may pray generally for relief
33 available under this Act. The petition need not specify any
34 proposed disposition following adjudication of wardship.
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1 (4) If appointment of a guardian of the person with
2 power to consent to adoption of the minor under Section 2-29
3 is sought, the petition shall so state.
4 (5) At any time before dismissal of the petition or
5 before final closing and discharge under Section 2-31, one or
6 more supplemental petitions in the best interests of the
7 minor may be filed in respect of the same minor. The
8 supplemental petition shall specify sufficient facts in
9 support of the relief requested. The court shall liberally
10 allow the petitioner to amend the petition to set forth a
11 cause of action or to add, amend, or supplement factual
12 allegations that form the basis for a cause of action up
13 until 14 days before the adjudicatory hearing. The
14 petitioner may amend the petition after that date and prior
15 to the adjudicatory hearing if the court grants leave to
16 amend upon a showing of (i) necessity to protect the health
17 or safety of the minor or (ii) the written consent of all
18 other parties good cause. The court may allow amendment of
19 the petition to conform with the evidence at any time prior
20 to ruling. In all cases in which the court has granted leave
21 to amend based on new evidence or new allegations, the court
22 shall permit the respondent an adequate opportunity to
23 prepare a defense to the amended petition.
24 (6) In any proceeding in which a motion to dismiss a
25 petition is granted based on a jurisdictional defect, failure
26 to state a cause of action, or other defect that may be
27 cured, the court in its discretion may delay the effective
28 date of its dismissal order for 3 working days and may
29 authorize the petitioner to refile the petition or to correct
30 any jurisdictional defect within the same 3-day period. The
31 court may extend any prior order until that 3-day period
32 elapses. Nothing in this Section shall affect the authority
33 of the court to conduct a shelter care hearing in accordance
34 with Section 2-10 if otherwise appropriate.
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1 (Source: P.A. 88-7; 88-614, eff. 9-7-94.)
2 (Text of Section after amendment by P.A. 89-704)
3 Sec. 2-13. Petition; supplemental petitions.
4 (1) Any adult person, any agency or association by its
5 representative may file, or the court on its own motion in
6 the best interests of the minor may direct the filing through
7 the State's Attorney of a petition in respect of a minor
8 under this Act. The petition and all subsequent court
9 documents shall be entitled "In the interest of ...., a
10 minor".
11 (2) The petition shall be verified but the statements
12 may be made upon information and belief. It shall allege that
13 the minor is abused, neglected, or dependent, with citations
14 to the appropriate provisions of this Act, and set forth (a)
15 facts sufficient to bring the minor under Section 2-3 or 2-4
16 and to inform respondents of the cause of action, including,
17 but not limited to, a plain and concise statement of the
18 factual allegations that form the basis for the filing of the
19 petition; (b) the name, age and residence of the minor; (c)
20 the names and residences of his parents; (d) the name and
21 residence of his legal guardian or the person or persons
22 having custody or control of the minor, or of the nearest
23 known relative if no parent or guardian can be found; and (e)
24 if the minor upon whose behalf the petition is brought is
25 sheltered in custody, the date on which such temporary
26 custody was ordered by the court or the date set for a
27 temporary custody hearing. If any of the facts herein
28 required are not known by the petitioner, the petition shall
29 so state.
30 (3) The petition must allege that it is in the best
31 interests of the minor and of the public that he be adjudged
32 a ward of the court and may pray generally for relief
33 available under this Act. The petition need not specify any
34 proposed disposition following adjudication of wardship.
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1 (4) If appointment of a guardian of the person with
2 power to consent to adoption of the minor under Section 2-29
3 is sought, the petition shall so state. If the petition
4 includes this request, the prayer for relief shall clearly
5 and obviously state that the parents could permanently lose
6 their rights as a parent at this hearing.
7 (5) At any time before dismissal of the petition or
8 before final closing and discharge under Section 2-31, one or
9 more supplemental petitions in the best interests of the
10 minor may be filed in respect of the same minor. The
11 supplemental petition shall specify sufficient facts in
12 support of the relief requested. The court shall liberally
13 allow the petitioner to amend the petition to set forth a
14 cause of action or to add, amend, or supplement factual
15 allegations that form the basis for a cause of action up
16 until 14 days before the adjudicatory hearing. The
17 petitioner may amend the petition after that date and prior
18 to the adjudicatory hearing if the court grants leave to
19 amend upon a showing of (i) necessity to protect the health
20 or safety of the minor or (ii) the written consent of all
21 other parties good cause. The court may allow amendment of
22 the petition to conform with the evidence at any time prior
23 to ruling. In all cases in which the court has granted leave
24 to amend based on new evidence or new allegations, the court
25 shall permit the respondent an adequate opportunity to
26 prepare a defense to the amended petition.
27 (6) In any proceeding in which a motion to dismiss a
28 petition is granted based on a jurisdictional defect, failure
29 to state a cause of action, or other defect that may be
30 cured, the court in its discretion may delay the effective
31 date of its dismissal order for 3 working days and may
32 authorize the petitioner to refile the petition or to correct
33 any jurisdictional defect within the same 3-day period. The
34 court may extend any prior order until that 3-day period
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1 elapses. Nothing in this Section shall affect the authority
2 of the court to conduct a shelter care hearing in accordance
3 with Section 2-10 if otherwise appropriate.
4 (Source: P.A. 88-7; 88-614, eff. 9-7-94; 89-704, eff.
5 1-1-98.)
6 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
7 Sec. 2-15. Summons.
8 (1) When a petition is filed, the clerk of the court
9 shall issue a summons with a copy of the petition attached.
10 The summons shall be directed to the minor's legal guardian
11 or custodian and to each person named as a respondent in the
12 petition, except that summons need not be directed to a minor
13 respondent under 8 years of age for whom the court appoints a
14 guardian ad litem if the guardian ad litem appears on behalf
15 of the minor in any proceeding under this Act.
16 (2) The summons must contain a statement that the minor
17 or any of the respondents is entitled to have an attorney
18 present at the hearing on the petition, and that the clerk of
19 the court should be notified promptly if the minor or any
20 other respondent desires to be represented by an attorney but
21 is financially unable to employ counsel and that the court
22 will appoint counsel to represent any of the respondents upon
23 prompt application to the office of the clerk.
24 (3) The summons shall be issued under the seal of the
25 court, attested in and signed with the name of the clerk of
26 the court, dated on the day it is issued, and shall require
27 each respondent to appear and answer the petition on the date
28 set for the adjudicatory hearing.
29 (4) The summons may be served by any county officer,
30 sheriff, coroner or probation officer, even though the
31 officer is the petitioner. The certificate of the officer or
32 affidavit of the person making service that he or she has
33 served or sent service shall be presumptive proof thereof but
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1 may be subject to challenge. The return of the summons with
2 endorsement of service by the officer is sufficient proof
3 thereof.
4 (5) (a) Service. Except as otherwise provided,
5 service of summons upon an individual shall be made by (A)
6 personal delivery to the respondent in any place, (B) leaving
7 a copy of the summons with the respondent personally at least
8 7 days before the time stated therein for appearance, (C)
9 leaving a copy at the respondent's usual place of abode with
10 some person of the family, of the age of 13 years or upwards,
11 and informing that person of the contents thereof, provided
12 that the person serving process shall also send a copy of the
13 summons and petition in a sealed envelope with postage
14 prepaid, addressed to the respondent at his or her usual
15 place of abode, at least 7 days before the time stated
16 therein for appearance, or (D) as to minor respondents 8
17 years of age or older, leaving a copy thereof in a sealed
18 envelope at the current residence of the minor respondent, at
19 least 3 days before the time stated therein for appearance.
20 The officer, in his or her certificate or in a record
21 filed and maintained in the sheriff's office, or other person
22 making service, in his or her affidavit or in a record filed
23 and maintained in his or her employer's office, shall (A)
24 identify as to sex, race, and approximate age the respondent
25 or other person with whom the summons was left and (B) state
26 the place where (whenever possible in terms of an exact
27 street address) and the date and time of the day when the
28 summons was left with the respondent or other person.
29 (b) Time. Each party respondent required to be served
30 under this Act shall be served promptly. If an emergency
31 order has been entered in the cause, a copy of that order
32 shall be attached to the petition. If a temporary custody
33 order has been entered ex parte, a notice of parent's and
34 children's rights to rehearing as provided in item (3) of
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1 Section 2-10 shall be attached to the summons and served
2 therewith.
3 (c) Certified mail. A respondent residing outside this
4 State may be served by certified mail. A respondent whose
5 address is known but who cannot be served as provided in
6 paragraph (a) after reasonable attempts to do so may be
7 served by certified mail. The court shall not proceed with
8 the adjudicatory hearing until 5 days after that mailing.
9 The regular return receipt for certified mail is sufficient
10 proof of service.
11 (d) Diligent inquiry required. If a respondent's usual
12 place of abode is not known, a diligent inquiry shall be made
13 to ascertain the respondent's current and last known address.
14 If, after diligent inquiry, the usual place of abode cannot
15 be reasonably ascertained, or if respondent is concealing his
16 or her whereabouts to avoid service of process, petitioner's
17 attorney shall file an affidavit at the office of the clerk
18 of the court in which the action is pending showing that
19 respondent on due inquiry cannot be found or is concealing
20 his or her whereabouts so that process cannot be served. The
21 affidavit shall state the last known address of the
22 respondent. The affidavit shall also state what efforts were
23 made to effectuate service. Within 3 days after receipt of
24 the affidavit, the clerk shall issue publication service as
25 provided in paragraph (f). The clerk shall also send a copy
26 thereof by mail addressed to each respondent listed in the
27 affidavit at his or her last known address.
28 (e) Civil contempt. A person who knowingly sets forth
29 in an affidavit or certificate required by this subsection
30 (5) a false statement shall be liable in civil contempt.
31 When the court holds a person in civil contempt under this
32 Section, it shall award damages that are just, including a
33 reasonable attorney's fee for the cost of prosecution.
34 (f) Publication. Publication service shall consist of a
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1 notice substantially as follows published once in a newspaper
2 of general circulation in the county where the action is
3 pending and, if known, in the county of the respondent's last
4 known address, at least 10 days prior to the date scheduled
5 for adjudication:
6 A, B, C, D (here giving the names of the named
7 respondents) and to All Whom It May Concern (if there is
8 any respondent under that designation): Take notice that
9 on the .... day of ...., 19.., a petition was filed under
10 the Juvenile Court Act of 1987 by .... in the circuit
11 court of .... county entitled "In the Interest of ...., A
12 Minor" and that, in the courtroom at .... on the .... day
13 of .... at the hour of ...., or as soon thereafter as
14 this cause may be heard, an adjudicatory hearing will be
15 held upon the petition to determine whether the minor is
16 abused, neglected, or dependent under that Act. The
17 court has authority in this proceeding to take from you
18 the custody or guardianship of the minor and (if the
19 petition asks for the appointment of a guardian with
20 power to consent to adoption) authority to appoint a
21 guardian with power to consent to adoption of the minor.
22 Unless you appear at the hearing and defend against the
23 petition, the court will assume that the allegations in
24 the petition are true and may enter an order or judgment
25 against you.
26 If it becomes necessary to change the date set for the
27 hearing in order to comply with Section 2-14 or with this
28 Section, notice of the resetting of the date must be given by
29 certified mail or other reasonable written notice to each
30 respondent who has appeared or has been served personally or
31 by certified mail.
32 (g) It is the responsibility of the office of the clerk
33 to report to the court any pending case in which proper
34 service has not been achieved within 30 days after the date
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1 the action is filed and the reasons therefor. In that case,
2 the court shall take immediate action to ensure that proper
3 service is made. The court may enter an order to ensure
4 service summarily and without any hearing thereon. Service of
5 a summons and petition shall be made by: (a) leaving a copy
6 thereof with the person summoned at least 3 days before the
7 time stated therein for appearance; (b) leaving a copy at his
8 usual place of abode with some person of the family, of the
9 age of 10 years or upwards, and informing that person of the
10 contents thereof, provided the officer or other person making
11 service shall also send a copy of the summons in a sealed
12 envelope with postage fully prepaid, addressed to the person
13 summoned at his usual place of abode, at least 3 days before
14 the time stated therein for appearance; or (c) leaving a copy
15 thereof with the guardian or custodian of a minor, at least 3
16 days before the time stated therein for appearance. If the
17 guardian or custodian is an agency of the State of Illinois,
18 proper service may be made by leaving a copy of the summons
19 and petition with any administrative employee of such agency
20 designated by such agency to accept service of summons and
21 petitions. The certificate of the officer or affidavit of the
22 person that he has sent the copy pursuant to this Section is
23 sufficient proof of service.
24 (6) When a parent or other person, who has signed a
25 written promise to appear and bring the minor to court or who
26 has waived or acknowledged service, fails to appear with the
27 minor on the date set by the court, a bench warrant may be
28 issued for the parent or other person, the minor, or both.
29 (7) (Blank). The appearance of the minor's legal
30 guardian or custodian, or a person named as a respondent in a
31 petition, in any proceeding under this Act shall constitute a
32 waiver of service of summons and submission to the
33 jurisdiction of the court, except that the filing of a
34 special appearance authorized under Section 2-301 of the Code
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1 of Civil Procedure does not constitute an appearance under
2 this subsection. A copy of the summons and petition shall be
3 provided to the person at the time of his appearance.
4 (Source: P.A. 86-441.)
5 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
6 (Text of Section before amendment by P.A. 89-704)
7 Sec. 2-21. Findings and adjudication.
8 (1) After hearing the evidence the court shall determine
9 whether or not the minor is abused, neglected, or dependent.
10 If it finds that the minor is not such a person, the court
11 shall order the petition dismissed and the minor discharged.
12 The court's determination of whether the minor is abused,
13 neglected, or dependent shall be stated in writing with the
14 factual basis supporting that determination.
15 If the court finds that the minor is abused, neglected,
16 or dependent, the court shall then determine and put in
17 writing the factual basis supporting the determination of
18 whether the abuse, neglect, or dependency is the result of
19 physical abuse to the minor inflicted by a parent, guardian,
20 or legal custodian. That finding shall appear in the order
21 of the court.
22 (2) If the court determines and puts in writing the
23 factual basis supporting the determination that the minor is
24 either abused or neglected or dependent, the court shall then
25 set a time not later than 30 days after the entry of the
26 finding for a dispositional hearing to be conducted under
27 Section 2-22 at which hearing the court shall determine
28 whether it is in the best interests of the minor and the
29 public that he be made a ward of the court. To assist the
30 court in making this and other determinations at the
31 dispositional hearing, the court may order that an
32 investigation be conducted and a dispositional report be
33 prepared concerning the minor's physical and mental history
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1 and condition, family situation and background, economic
2 status, education, occupation, history of delinquency or
3 criminality, personal habits, and any other information that
4 may be helpful to the court. The dispositional hearing may
5 be continued once for a period not to exceed 30 days if the
6 court finds that such continuance is necessary to complete
7 the dispositional report.
8 (3) The time limits of this Section may be waived only
9 by consent of all parties and approval by the court, as
10 determined to be in the best interests of the minor.
11 (4) For all cases adjudicated prior to July 1, 1991, for
12 which no dispositional hearing has been held prior to that
13 date, a dispositional hearing under Section 2-22 shall be
14 held within 90 days of July 1, 1991.
15 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
16 12-2-94.)
17 (Text of Section after amendment by P.A. 89-704)
18 Sec. 2-21. Findings and adjudication.
19 (1) After hearing the evidence the court shall determine
20 whether or not the minor is abused, neglected, or dependent.
21 If it finds that the minor is not such a person, the court
22 shall order the petition dismissed and the minor discharged.
23 The court's determination of whether the minor is abused,
24 neglected, or dependent shall be stated in writing with the
25 factual basis supporting that determination.
26 If the court finds that the minor is abused, neglected,
27 or dependent, the court shall then determine and put in
28 writing the factual basis supporting the determination of
29 whether the abuse, neglect, or dependency is the result of
30 physical abuse to the minor inflicted by a parent, guardian,
31 or legal custodian. That finding shall appear in the order
32 of the court.
33 (2) If the court determines and puts in writing the
34 factual basis supporting the determination that the minor is
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1 either abused or neglected or dependent, the court shall then
2 set a time not later than 30 days after the entry of the
3 finding for a dispositional hearing to be conducted under
4 Section 2-22 at which hearing the court shall determine
5 whether it is in the best interests of the minor and the
6 public that he be made a ward of the court. To assist the
7 court in making this and other determinations at the
8 dispositional hearing, the court may order that an
9 investigation be conducted and a dispositional report be
10 prepared concerning the minor's physical and mental history
11 and condition, family situation and background, economic
12 status, education, occupation, history of delinquency or
13 criminality, personal habits, and any other information that
14 may be helpful to the court. The dispositional hearing may
15 be continued once for a period not to exceed 30 days if the
16 court finds that such continuance is necessary to complete
17 the dispositional report.
18 (3) The time limits of this Section may be waived only
19 by consent of all parties and approval by the court, as
20 determined to be in the best interests of the minor.
21 (4) For all cases adjudicated prior to July 1, 1991, for
22 which no dispositional hearing has been held prior to that
23 date, a dispositional hearing under Section 2-22 shall be
24 held within 90 days of July 1, 1991.
25 (5) The court may terminate the parental rights of a
26 parent at the initial dispositional hearing if all of the
27 following conditions are met:
28 (i) the original, amended, or supplemental petition
29 contains a request for termination of parental rights and
30 appointment of a guardian with power to consent to
31 adoption; and
32 (ii) the court has found by a preponderance of
33 evidence, introduced or stipulated to at an adjudicatory
34 hearing, that the child comes under the jurisdiction of
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1 the court as an abused, neglected, or dependent minor
2 under Section 2-18; and
3 (iii) the court finds, on the basis of clear and
4 convincing legally admissible evidence introduced or
5 stipulated to at the adjudicatory hearing or at the
6 dispositional hearing, that the parent is an unfit person
7 under subdivision D of Section 1 of the Adoption Act; and
8 (iv) the court determines in accordance with the
9 rules of evidence for dispositional proceedings, that:
10 (A) it is in the best interest of the minor
11 and public that the child be made a ward of the
12 court; and
13 (B) termination of parental rights and
14 appointment of a guardian with power to consent to
15 adoption is in the best interest of the child
16 pursuant to Section 2-29.
17 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
18 12-2-94; 89-704, eff. 1-1-98.)
19 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
20 Sec. 2-28. Court review.
21 (1) The court may require any legal custodian or
22 guardian of the person appointed under this Act to report
23 periodically to the court or may cite him into court and
24 require him or his agency, to make a full and accurate report
25 of his or its doings in behalf of the minor. The custodian
26 or guardian, within 10 days after such citation, shall make
27 the report, either in writing verified by affidavit or orally
28 under oath in open court, or otherwise as the court directs.
29 Upon the hearing of the report the court may remove the
30 custodian or guardian and appoint another in his stead or
31 restore the minor to the custody of his parents or former
32 guardian or custodian. However, custody of the minor shall
33 not be restored to any parent, guardian or legal custodian in
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1 any case in which the minor is found to be neglected or
2 abused under Section 2-3 of this Act, unless it is in the
3 best interests of the minor, and if such neglect or abuse is
4 found by the court under paragraph (2) of Section 2-21 of
5 this Act to be the result of physical abuse inflicted on the
6 minor by such parent, guardian or legal custodian, until such
7 time as an investigation is made as provided in paragraph (5)
8 and a hearing is held on the issue of the fitness of such
9 parent, guardian or legal custodian to care for the minor and
10 the court enters an order that such parent, guardian or legal
11 custodian is fit to care for the minor.
12 (2) Permanency hearings shall be conducted by the court,
13 or by hearing officers appointed or approved by the court in
14 the manner set forth in Section 2-28.1 of this Act.
15 Permanency hearings shall be held every 12 months or more
16 frequently if necessary in the court's determination
17 following the initial permanency hearing, in accordance with
18 the standards set forth in this Section, until the court
19 determines that the plan and goal have been achieved. Once
20 the plan and goal have been achieved, if the minor remains in
21 substitute care, the case shall be reviewed at least every 12
22 months thereafter, subject to the provisions of this Section.
23 Notice in compliance with Sections 2-15 and 2-16 must
24 have been given to all parties-respondent before proceeding
25 to a permanency hearing.
26 The public agency that is the custodian or guardian of
27 the minor, or another agency responsible for the minor's
28 care, shall ensure that all parties to the permanency
29 hearings are provided a copy of the most recent service plan
30 prepared within the prior 6 months at least 14 days in
31 advance of the hearing. If not contained in the plan, the
32 agency shall also include a report setting forth (i) any
33 special physical, psychological, educational, medical,
34 emotional, or other needs of the minor or his or her family
-25- LRB9004936DJcd
1 that are relevant to a permanency or placement determination
2 and (ii) for any minor age 16 or over, a written description
3 of the programs and services that will enable the minor to
4 prepare for independent living. If a permanency review
5 hearing has not previously been scheduled by the court, the
6 moving party shall move for the setting of a permanency
7 hearing and the entry of an order within the time frames set
8 forth in this subsection.
9 At the permanency hearing, the court shall determine the
10 future status of the child. The court shall review (i) the
11 appropriateness of the permanency goal, (ii) the
12 appropriateness of the plan to achieve the goal, (iii) the
13 appropriateness of the services contained in the plan and
14 whether those services have been provided, (iv) whether
15 reasonable efforts have been made by all the parties to the
16 service plan to achieve the goal, and (v) whether the plan
17 and goal have been achieved. All evidence relevant to
18 determining these questions, including oral and written
19 reports, may be admitted and may be relied on to the extent
20 of their probative value.
21 In reviewing the permanency goal and the most recent
22 service plan prepared within the prior 6 months, the standard
23 of review to be employed by the court shall be whether the
24 Department of Children and Family Services, in setting the
25 permanency goal and the service plan, abused its discretion
26 in light of the best interests of the child, the permanency
27 alternatives, and the facts in the individual case.
28 If the plan and goal are found to be appropriate and to
29 have been achieved, the court shall enter orders that are
30 necessary to conform the minor's legal custody and status to
31 those findings.
32 If, after receiving evidence, the court determines that
33 the Department of Children and Family Services abused its
34 discretion in identifying services contained in the plan that
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1 are not reasonably calculated to facilitate achievement of
2 the permanency goal, the court shall put in writing the
3 factual basis supporting the determination and enter specific
4 findings based on the evidence. The court also shall enter
5 an order for the Department to develop and implement a new
6 service plan or to implement changes to the current service
7 plan consistent with the court's findings. The new service
8 plan shall be filed with the court and served on all parties
9 within 45 days of the date of the order. The court shall
10 continue the matter until the new service plan is filed.
11 Unless otherwise specifically authorized by law, the court is
12 not empowered under this subsection (2) or under subsection
13 (3) to order specific placements, specific services, or
14 specific service providers to be included in the plan.
15 If, after receiving evidence, the court determines that
16 the Department of Children and Family Services abused its
17 discretion in setting a permanency goal that is not in the
18 best interests of the minor, the court shall enter specific
19 findings in writing based on the evidence. The court also
20 shall enter an order for the Department to set a new
21 permanency goal and to develop and implement a new service
22 plan that is consistent with the court's findings. The new
23 service plan shall be filed with the court and served on all
24 parties within 45 days of the date of the order. The court
25 shall continue the matter until the new service plan is
26 filed.
27 A guardian or custodian appointed by the court pursuant
28 to this Act shall file updated case plans with the court
29 every 6 months.
30 Rights of wards of the court under this Act are
31 enforceable against any public agency by complaints for
32 relief by mandamus filed in any proceedings brought under
33 this Act.
34 (3) Following the permanency hearing, the court shall
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1 enter an order setting forth the following determinations in
2 writing:
3 (a) The future status of the minor, including but
4 not limited to whether the minor should be returned to
5 the parent, should be continued in the care of the
6 Department of Children and Family Services or other
7 agency for a specified period, should be placed for
8 adoption, should be emancipated, or should (because of
9 the minor's special needs or circumstances) be continued
10 in the care of the Department of Children and Family
11 Services or other agency on a permanent or long-term
12 basis, and any orders necessary to conform the minor's
13 legal custody and status to such determination; or
14 (b) if the future status of the minor cannot be
15 achieved immediately, the specific reasons for continuing
16 the minor in the care of the Department of Children and
17 Family Services or other agency for short term placement,
18 and the following determinations:
19 (i) Whether the permanency goal is in the best
20 interests of the minor, or whether the Department of
21 Children and Family Services abused its discretion
22 in setting a goal that is not in the best interests
23 of the minor.
24 (ii) Whether the services required by the
25 court and by any service plan prepared within the
26 prior 6 months have been provided and (A) if so,
27 whether the services were reasonably calculated to
28 facilitate the achievement of the permanency goal or
29 (B) if not provided, why the services were not
30 provided.
31 (iii) Whether the minor's placement is
32 necessary, and appropriate to the plan and goal,
33 recognizing the right of minors to the least
34 restrictive (most family-like) setting available and
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1 in close proximity to the parents' home consistent
2 with the best interest and special needs of the
3 minor and, if the minor is placed out-of-State,
4 whether the out-of-State placement continues to be
5 appropriate and in the best interest of the minor.
6 (iv) Whether, because of any of the findings
7 under subparagraphs (i) through (iii), the
8 Department of Children and Family Services should be
9 ordered to set a new permanency goal or develop and
10 implement a new service plan consistent with such
11 findings.
12 (v) Whether any orders to effectuate the
13 completion of a plan or goal are necessary,
14 including conforming the minor's custody or status
15 to a goal being achieved.
16 Any order entered pursuant to this subsection (3) shall
17 be immediately appealable as a matter of right under Supreme
18 Court Rule 304(b)(1).
19 (4) The minor or any person interested in the minor may
20 apply to the court for a change in custody of the minor and
21 the appointment of a new custodian or guardian of the person
22 or for the restoration of the minor to the custody of his
23 parents or former guardian or custodian. However, custody of
24 the minor shall not be restored to any parent, guardian or
25 legal custodian in any case in which the minor is found to be
26 neglected or abused under Section 2-3 of this Act, unless it
27 is in the best interest of the minor, and if such neglect or
28 abuse is found by the court under paragraph (2) of Section
29 2-21 of this Act to be the result of physical abuse inflicted
30 on the minor by such parent, guardian or legal custodian,
31 until such time as an investigation is made as provided in
32 paragraph (4) and a hearing is held on the issue of the
33 fitness of such parent, guardian or legal custodian to care
34 for the minor and the court enters an order that such parent,
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1 guardian or legal custodian is fit to care for the minor. In
2 the event that the minor has attained 18 years of age and the
3 guardian or custodian petitions the court for an order
4 terminating his guardianship or custody, guardianship or
5 custody shall terminate automatically 30 days after the
6 receipt of the petition unless the court orders otherwise.
7 No legal custodian or guardian of the person may be removed
8 without his consent until given notice and an opportunity to
9 be heard by the court.
10 (5) Whenever a parent, guardian, or legal custodian
11 petitions for restoration of custody of the minor, and the
12 minor was adjudicated neglected or abused as a result of
13 physical abuse, the court shall cause to be made an
14 investigation as to whether the petitioner has ever been
15 charged with or convicted of any criminal offense which would
16 indicate the likelihood of any further physical abuse to the
17 minor. Evidence of such criminal convictions shall be taken
18 into account in determining fitness of the parent, guardian,
19 or legal custodian.
20 (a) Any agency of this State or any subdivision
21 thereof shall co-operate with the agent of the court in
22 providing any information sought in the investigation.
23 (b) The information derived from the investigation
24 and any conclusions or recommendations derived from the
25 information shall be provided to the parent, guardian, or
26 legal custodian seeking restoration of custody prior to
27 the hearing on fitness and the petitioner shall have an
28 opportunity at the hearing to refute the information or
29 contest its significance.
30 (c) All information obtained from any investigation
31 shall be confidential as provided in Section 1-10 of this
32 Act.
33 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
34 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
-30- LRB9004936DJcd
1 eff. 8-9-96.)
2 (705 ILCS 405/2-16 rep.)
3 Section 10. The Juvenile Court Act of 1987 is amended by
4 repealing Section 2-16.
5 Section 15. The Code of Civil Procedure is amended by
6 changing Section 2-301 as follows:
7 (735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
8 Sec. 2-301. Special appearance. (a) Prior to filing any
9 other pleading or motion, a special appearance may be made
10 either in person or by attorney for the purpose of objecting
11 to the jurisdiction of the court over the person of the
12 defendant. A special appearance may be made as to an entire
13 proceeding or as to any cause of action involved therein.
14 Every appearance, prior to judgment, not in compliance with
15 the foregoing is a general appearance, except as provided
16 under Section 1-15 of the Juvenile Court Act of 1987.
17 (b) If the reasons for objection are not apparent from
18 the papers on file in the case, the special appearance shall
19 be supported by affidavit setting forth the reasons. In
20 ruling upon the objection, the court shall consider all
21 matters apparent from the papers on file in the case,
22 affidavits submitted by any party, and any evidence adduced
23 upon disputed issues of fact. No determination of any issue
24 of fact in connection with the objection is a determination
25 of the merits of the case or any aspect thereof. A decision
26 adverse to the objector does not preclude the objector from
27 making any motion or defense which he or she might otherwise
28 have made.
29 (c) If the court sustains the objection, an appropriate
30 order shall be entered. Error in ruling against the defendant
31 on the objection is waived by the defendant's taking part in
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1 further proceedings in the case, unless the objection is on
2 the ground that the defendant is not amenable to process
3 issued by a court of this State.
4 (Source: P.A. 82-280.)
5 Section 95. No acceleration or delay. Where this Act
6 makes changes in a statute that is represented in this Act by
7 text that is not yet or no longer in effect (for example, a
8 Section represented by multiple versions), the use of that
9 text does not accelerate or delay the taking effect of (i)
10 the changes made by this Act or (ii) provisions derived from
11 any other Public Act.