730 ILCS 5/3-10-11
2021 Illinois Compiled Statutes|Chapter 730 - CORRECTIONS|730 ILCS 5/ - Unified Code of Corrections.|Chapter III - Department Of Corrections

 (from Ch. 38, par. 1003-10-11)Sec. 3-10-11. Transfers from Department of Children and Family Services.(a) If (i) a minor 10 years of age or older is adjudicated a  delinquent under the  Juvenile Court Act or the Juvenile Court Act of 1987 and placed with  the Department of Children and Family Services, (ii) it is determined by an  interagency review committee that the Department of  Children and Family Services lacks adequate facilities  to care for and rehabilitate such minor and that placement of such minor with  the Department of Juvenile Justice, subject to certification by the Department of  Juvenile Justice, is appropriate, and (iii) the Department of Juvenile Justice          certifies that it has suitable facilities and personnel available for the  confinement of the minor, the Department of Children and Family Services may  transfer custody of the minor to the  Department of Juvenile Justice provided that:(1) the juvenile court that adjudicated the minor a     delinquent orders the transfer after a hearing with opportunity to the minor to be heard and defend; and(2) the Director of Juvenile Justice is made a party     to the action; and(3) notice of such transfer is given to the minor's     parent, guardian or nearest relative; and(4) a term of incarceration is permitted by law for     adults found guilty of the offense for which the minor was adjudicated delinquent.The interagency review committee shall include a representative from the  Department of Children and Family Services, a representative from the  Department of Juvenile Justice, and an educator and a qualified mental health  professional jointly selected by the Department of Children and Family Services  and the Department of Juvenile Justice.  The Department of Children and Family  Services, in consultation with the Department of Juvenile Justice, shall promulgate  rules governing the operation of the interagency review committee pursuant to  the Illinois Administrative Procedure Act.(b) Guardianship of a minor transferred under this Section shall remain  with the Department of Children and Family Services.(c) Minors transferred under this Section may be placed by the Department  of Juvenile Justice in any program  or facility of the Department of Juvenile Justice, or any  juvenile residential facility.(d) A minor transferred under this Section shall remain in the custody  of the Department of Juvenile Justice until the Department of  Juvenile Justice determines that the minor is ready to leave its program.  The  Department of Juvenile Justice in consultation with the Department of Children and  Family Services shall develop a transition plan and cooperate with  the Department of Children and Family Services to move the minor to an  alternate program.  Thirty days before implementing the transition plan, the  Department of Juvenile Justice shall provide the court with notice of the plan.  The  Department of Juvenile Justice's custodianship of the minor shall automatically  terminate 30 days after notice is provided to the court and the State's  Attorney.(e) In no event shall a minor transferred under this Section remain in  the custody of the Department of Juvenile Justice for a period of time in excess of  that period for which an adult could be committed for the same act.    (Source: P.A. 94-696, eff. 6-1-06.)