(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)
Sec. 2-9. Setting of temporary custody hearing; notice; release.
(1) Unless sooner released, a minor as defined in Section 2-3 or 2-4 of this
Act taken into temporary protective custody must be brought before a
judicial officer within 48 hours, exclusive of Saturdays, Sundays and
court-designated holidays, for a temporary custody hearing to determine
whether the minor shall be further held in custody.
(2) If the probation officer or such other public officer designated
by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court
shall cause a petition to be filed as provided in Section 2-13 of this Article,
and the clerk of the court shall set the matter for hearing on the
temporary custody hearing calendar. When a parent, guardian, custodian or
responsible relative is present and so requests, the temporary custody
hearing shall be held immediately if the court is in session, otherwise
at the earliest feasible time. The petitioner through counsel or such other public
officer designated by the court shall insure notification to the minor's
parent, guardian, custodian or responsible relative of the time and place
of the hearing by the best practicable notice, allowing for oral notice in
place of written notice only if provision of written notice is unreasonable
under the circumstances.
(3) The minor must be released from temporary protective custody at the
expiration of the 48 hour period specified by this Section if not
brought before a judicial officer within that period.
(Source: P.A. 103-22, eff. 8-8-23.)
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