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Public Act 101-0146


 

Public Act 0146 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0146
 
HB2934 EnrolledLRB101 10500 SLF 55606 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 Section 2-15 as follows:
 
    (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 if the guardian ad litem 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
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
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
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. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
eff. 6-30-98; 91-145, eff. 1-1-00.)

Effective Date: 1/1/2020