705 ILCS 405/2-16
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article II - Abused, Neglected Or Dependent Minors

 (from Ch. 37, par. 802-16)Sec. 2-16.     Notice by certified mail or publication.(1) If service on individuals as provided in Section 2-15 is not made on  any respondent within a reasonable time or if it appears that any respondent  resides outside the State, service may be made by certified mail.  In such 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 such mailing.  The  regular return receipt for certified mail is sufficient proof of service.(2) Where a respondent's  usual place of abode is not known, a diligent inquiry shall be made to  ascertain the respondent's current and last known address.  The Department of  Children and Family Services shall adopt rules defining the requirements for  conducting a diligent search to locate parents of minors in the custody of the  Department.  If, after diligent inquiry made at any time within the preceding  12 months, the usual place of abode cannot be reasonably ascertained, or if  respondent is concealing his or her whereabouts to avoid service of process,  petitioner's attorney shall file an affidavit at the office of the clerk of  court in which the action is pending showing that respondent on due inquiry  cannot be found or is concealing his or her whereabouts so that process  cannot be served.  The affidavit shall state the last known address of the  respondent.  The affidavit shall also state what efforts were made to  effectuate service.  Within 3 days of receipt of the affidavit, the clerk shall  issue publication service as provided below.  The clerk shall also send a copy  thereof by mail addressed to each respondent listed in the affidavit at his or  her last known address.  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.  Notice  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 notice by publication is given or unless that person  appears.  When a minor has been sheltered under Section 2-10  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  shelter care, the clerk of the court shall cause publication.  Notice  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, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A  GUARDIAN WITH POWER TO CONSENT TO ADOPTION.  YOU MAY LOSE ALL PARENTAL RIGHTS  TO YOUR CHILD.  IF THE PETITION REQUESTS THE TERMINATION OF YOUR PARENTAL  RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,  YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD.  Unless you appear you will not be entitled to further written notices or  publication notices of the proceedings in this case, including the filing  of an amended petition or a motion to terminate parental rights.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.    ......................    Clerk             Dated (insert the date of publication)"(3) The clerk shall also at the time of the publication of the  notice send a copy thereof 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 thereof.  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 parent, guardian or legal custodian in the case of a minor  described in Section 2-3 or 2-4.(4) If it becomes necessary to change the date set for the hearing  in order to comply with Section 2-14 or 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.(5) 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 2-15.    (Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff.  6-30-98; 91-357, eff. 7-29-99.)