705 ILCS 405/4-9
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article IV - Addicted Minors

 (from Ch. 37, par. 804-9)Sec. 4-9. Shelter care hearing. At the appearance of the  minor before the court at the shelter care hearing, all  witnesses present shall be examined before the court in relation to any  matter connected with the allegations made in the petition.(1) If the court finds that there is not probable cause to believe that  the minor is addicted, it shall release the minor and dismiss the petition.(2) If the court finds that there is probable cause to believe that the  minor is addicted, the minor, his or  her parent, guardian, custodian and other persons able to give relevant  testimony shall be examined before the court.  After such testimony, the  court may enter an order that the minor shall be released  upon the request of a parent, guardian or custodian if the parent, guardian  or custodian appears to take custody  and agrees to abide by a court order  which requires the minor and his or her parent, guardian, or legal custodian  to  complete an evaluation by an entity licensed by the Department of Human  Services, as the successor to  the Department of Alcoholism and Substance Abuse, and complete  any treatment recommendations indicated by the assessment. "Custodian" includes the Department of Children and Family Services, if it has been given custody of the child, or any other agency of the State which has been given custody or wardship of the child.The Court shall require  documentation by representatives of the Department of Children and Family  Services or the probation department as to the reasonable efforts that were  made to prevent or eliminate the necessity of removal of the minor from his  or her home, and shall consider the testimony of any person as to those  reasonable efforts.  If the court finds that it is a  matter of immediate and urgent necessity for the protection of the minor  or of the person or property of another that the minor be   placed in a shelter care facility or that he or she is likely to flee the  jurisdiction of the court, and further, finds that reasonable efforts  have been made or good cause has been shown why reasonable efforts cannot  prevent or eliminate the necessity of removal of the minor from his or her  home, the court may prescribe shelter care  and order that the minor be kept in a suitable place designated by the  court or in a shelter care facility designated by the Department of  Children and Family Services or a licensed child welfare agency, or  in a facility or program licensed by the Department of Human  Services for shelter and treatment services;  otherwise it shall release the minor from custody.  If the court prescribes  shelter care, then in placing the minor, the Department or other agency shall,  to the extent compatible with the court's order, comply with Section 7 of the  Children and Family Services Act.  If the minor is ordered placed in a shelter  care facility of the Department of Children and Family Services or a licensed  child welfare agency, or in  a facility or program licensed by the Department of Human  Services for  shelter and treatment  services, the court shall, upon request of the appropriate  Department or other agency, appoint the Department of Children and Family  Services Guardianship Administrator or other appropriate agency executive  temporary custodian of the minor and the court may enter such other orders  related to the temporary custody as it deems fit and proper, including  the provision of services to the minor or his family to ameliorate the  causes contributing to the finding of probable cause or to the finding of  the existence of immediate and urgent necessity.  Acceptance of services  shall not be considered an admission of any allegation in a petition made  pursuant to this Act, nor may a referral of services be considered as  evidence in any proceeding pursuant to this Act, except where the issue is  whether the Department has made reasonable efforts to reunite the family.  In making its findings that reasonable efforts have been made or that good  cause has been shown why reasonable efforts cannot prevent or eliminate the  necessity of removal of the minor from his or her home, the court shall  state in writing its findings concerning the nature of the services that  were offered or the efforts that were made to prevent removal of the child  and the apparent reasons that such  services or efforts could not prevent the need for removal.  The parents,  guardian, custodian, temporary custodian and minor shall each be furnished  a copy of such written findings.  The temporary custodian shall maintain a  copy of the court order and written findings in the case record for the  child. The order together with the court's findings of fact in support  thereof shall be entered of record in the court.Once the court finds that it is a matter of immediate and urgent necessity  for the protection of the minor that the minor be placed in a shelter care  facility, the minor shall not be returned to the parent, custodian or guardian  until the court finds that such placement is no longer necessary for the  protection of the minor.(3) If neither the parent, guardian, legal custodian, responsible  relative nor counsel of the minor has had actual notice of or is present  at the shelter care hearing, he or she may file his or her  affidavit setting forth these facts, and the clerk shall set the matter for  rehearing not later than 24 hours, excluding Sundays and legal holidays,  after the filing of the affidavit. At the rehearing, the court shall  proceed  in  the  same  manner  as  upon  the  original hearing.(4) If the minor is not brought before a judicial officer within the  time period as specified in Section 4-8, the minor must immediately be  released from custody.(5) Only when there is reasonable cause to believe that the minor taken  into custody is a person described in subsection (3) of Section 5-105 may the minor be kept or  detained in a detention home or county or municipal jail.  This Section  shall in no way be construed to limit subsection (6).(6) No minor under 16 years of age may be confined in a jail or place  ordinarily used for the confinement of prisoners in a police station.  Minors under 18 years of age must be kept separate from confined adults and  may not at any time be kept in the same cell, room or yard with adults  confined pursuant to the criminal law.(7) If neither the parent, guardian or custodian appears within 24  hours to take custody of a minor released upon request pursuant to  subsection (2) of this Section, then the clerk of the court shall set the  matter for rehearing not later than 7 days after the original order and  shall issue a summons directed to the parent, guardian or custodian to  appear.  At the same time the probation department shall prepare a report  on the minor.  If a parent, guardian or custodian does not appear at such  rehearing, the judge may enter an order prescribing that the minor be kept  in a suitable place designated by the Department of Children and Family  Services or a licensed child welfare agency.(8) Any interested party, including the State, the temporary  custodian, an agency providing services to the minor or family under a  service plan pursuant to Section 8.2 of the Abused and Neglected Child  Reporting Act, foster parent, or any of their representatives, may file a  motion to modify or vacate a temporary custody order on any of the following  grounds:(a) It is no longer a matter of immediate and urgent     necessity that the minor remain in shelter care; or(b) There is a material change in the circumstances     of the natural family from which the minor was removed; or(c) A person, including a parent, relative or legal     guardian, is capable of assuming temporary custody of the minor; or(d) Services provided by the Department of Children     and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody.The clerk shall set the matter for hearing not later than 14 days after  such motion is filed.  In the event that the court modifies or vacates a  temporary custody order but does not vacate its finding of probable cause,  the court may order that appropriate services be continued or initiated in  behalf of the minor and his or her family.(9) The changes made to this Section by Public Act 98-61 apply to a minor who has been  arrested or taken into custody on or after January 1, 2014 (the effective date  of Public Act 98-61). (Source: P.A. 100-159, eff. 8-18-17; 100-201, eff. 8-18-17.)