705 ILCS 405/2-10
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. 802-10)(Text of Section from P.A. 102-489)Sec. 2-10. Temporary custody hearing. At the appearance of the  minor before the court at the temporary custody 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 abused, neglected or dependent 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 abused, neglected or dependent, the court shall state in writing  the factual basis supporting its finding and the minor, his or her parent,  guardian, custodian and other persons able to give relevant testimony  shall be examined before the court.  The Department of Children and  Family Services shall give testimony concerning indicated reports of abuse  and neglect, of which they are aware through the central registry,  involving the minor's parent, guardian or custodian.  After such  testimony, the court may, consistent with  the health,  safety and best interests of the minor,  enter an order that the minor shall be released  upon the request of parent, guardian or custodian if the parent, guardian  or custodian appears to take custody. If it is determined that a parent's, guardian's, or custodian's compliance with critical services mitigates the necessity for removal of the minor from his or her home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "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. If it is  consistent with the health, safety and best interests of the  minor, the  court may also 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; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a  criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent  shall not be placed in the custody of or committed to the Department of  Children and Family Services by any court, except a minor less than 16    years of age and committed to the Department of Children and Family Services  under Section 5-710 of this Act or a minor for whom an independent  basis of  abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a  criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent  shall not be placed in the custody of or committed to the Department of  Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services  under Section 5-710 of this Act or a minor for whom an independent  basis of  abuse, neglect, or dependency exists.     An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which  give rise to a charge or adjudication of delinquency.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.  In determining  the health, safety and best interests of the minor to prescribe shelter  care, the court must  find that it is a matter of immediate and urgent necessity for the safety  and 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 must further find that reasonable efforts have been made or  that, consistent with the health, safety and best interests of  the minor, no efforts reasonably can be made to  prevent or eliminate the necessity of removal of the minor from his or her  home. The court shall require documentation from the Department of Children and  Family Services as to the reasonable efforts that were made to prevent or  eliminate the necessity of removal of the minor from his or her home or the  reasons why no efforts reasonably could be made to prevent or eliminate the  necessity of removal. When a minor is placed in the home of a relative, the  Department of Children and Family Services shall complete a preliminary  background review of the members of the minor's custodian's household in  accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of  that placement.  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, 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.Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment.  The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents.Where the Department of Children and Family Services Guardianship Administrator is  appointed as the executive temporary custodian, and when the child has siblings in care,  the Department of Children and Family Services shall file with the court and serve on the  parties a sibling placement and contact plan within 10 days, excluding weekends and  holidays, after the appointment. The sibling placement and contact plan shall set forth  whether the siblings are placed together, and if they are not placed together, what, if any,  efforts are being made to place them together. If the Department has determined that it is  not in a child's best interest to be placed with a sibling, the Department shall document in  the sibling placement and contact plan the basis for its determination. For siblings placed  separately, the sibling placement and contact plan shall set the time and place for visits,  the frequency of the visits, the length of visits, who shall be present for the visits, and  where appropriate, the child's opportunities to have contact with their siblings in addition to  in person contact. If the Department determines it is not in the best interest of a sibling to  have contact with a sibling, the Department shall document in the sibling placement and  contact plan the basis for its determination. The sibling placement and contact plan shall  specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed.For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan.  Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest.  The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel.  Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present.  If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence.  The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings.  At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan or subsequently developed Sibling Contact Support Plan.  Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders.  Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe that continuation of the contact, as set out in the plan, would be contrary to the child's health, safety, and welfare. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation.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 it is  consistent with the health, safety and best  interests of the minor to prescribe shelter care, the court shall state in  writing (i) the factual basis supporting its findings concerning the  immediate and urgent necessity for the protection of the minor or of the person  or property of another and (ii) the factual basis supporting its findings that  reasonable efforts were made to prevent or eliminate the removal of the minor  from his or her home or that no efforts reasonably could be made to prevent or  eliminate the removal of the minor from his or her home.  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.If the child is placed in the temporary custody of the Department of  Children  and Family  Services for his or her protection, the court shall admonish the parents,  guardian,  custodian or responsible relative that the parents must cooperate with the  Department of Children and Family Services, comply  with the terms of the service plans, and correct the conditions which require  the child to be in care, or risk termination of their parental  rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living maternal and paternal adult relatives, including, but not limited to, grandparents, aunts, uncles, and siblings.  The court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available.(3) If prior to the shelter care hearing for a minor described in Sections  2-3, 2-4, 3-3 and 4-3 the moving party is unable to serve notice on the  party respondent, the shelter care hearing may proceed ex parte.  A shelter  care order from an ex parte hearing shall be endorsed with the date and  hour of issuance and shall be filed with the clerk's office and entered of  record. The order shall expire after 10 days from the time it is issued  unless before its expiration it is renewed, at a hearing upon appearance  of the party respondent, or upon an affidavit of the moving party as to all  diligent efforts to notify the party respondent by notice as herein  prescribed.  The notice prescribed shall be in writing and shall be  personally delivered to the minor or the minor's attorney and to the last  known address of the other person or persons entitled to notice.  The  notice shall also state the nature of the allegations, the nature of the  order sought by the State, including whether temporary custody is sought,  and the consequences of failure to appear and 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; and shall explain the  right of  the parties and the procedures to vacate or modify a shelter care order as  provided in this Section.  The notice for a shelter care hearing shall be  substantially as follows:  NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARINGOn ................ at ........., before the     Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons:.............................................. and (2)     whether there is "immediate and urgent necessity" to remove the child or children from the responsible relative.YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN     PLACEMENT of the child or children in foster care until a trial can be held.  A trial may not be held for up to 90 days.  You will not be entitled to further notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights.At the shelter care hearing, parents have the     following rights:1. To ask the court to appoint a lawyer if they         cannot afford one.2. To ask the court to continue the hearing to         allow them time to prepare.3. To present evidence concerning:a. Whether or not the child or children were             abused, neglected or dependent.b. Whether or not there is "immediate and             urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal).c. The best interests of the child.4. To cross examine the State's witnesses.The Notice for rehearings shall be substantially as follows:  NOTICE OF PARENT'S AND CHILDREN'S RIGHTS TO REHEARING ON TEMPORARY CUSTODYIf you were not present at and did not have adequate     notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of .................  To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following:1. That you were not present at the shelter care         hearing.2. That you did not get adequate notice         (explaining how the notice was inadequate).3. Your signature.4. Signature must be notarized.The rehearing should be scheduled within 48 hours of     your filing this affidavit.At the rehearing, your rights are the same as at the     initial shelter care hearing.  The enclosed notice explains those rights.At the Shelter Care Hearing, children have the     following rights:1. To have a guardian ad litem appointed.2. To be declared competent as a witness and to         present testimony concerning:a. Whether they are abused, neglected or             dependent.b. Whether there is "immediate and urgent             necessity" to be removed from home.c. Their best interests.3. To cross examine witnesses for other parties.4. To obtain an explanation of any proceedings         and orders of the court.(4) If the parent, guardian, legal custodian, responsible relative,  minor age 8 or over, or counsel of the minor did not have actual notice of  or was not present at the shelter care hearing, he or she may file an  affidavit setting forth these facts, and the clerk shall set the matter for  rehearing not later than 48 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.(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 the minor is not brought before a judicial officer within the  time period as specified in Section 2-9, the minor must immediately be  released from custody.(8) 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.(9) Notwithstanding any other provision of this  Section 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, on notice  to all parties entitled to notice, may file a motion that it is in the best  interests of the minor 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 and the child can be cared for at home without endangering the child's health or safety; or(c) A person not a party to the alleged abuse,     neglect or dependency, 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 and the child can be cared for at home without endangering the child's health or safety.In ruling on the motion, the court shall determine whether it is consistent  with the health, safety and best interests of the minor to modify  or vacate a temporary custody order. If the  minor is being restored to the custody of a parent, legal custodian, or guardian who lives  outside of Illinois, and an Interstate Compact has been requested and refused, the court may order the  Department of Children and Family Services to arrange for an assessment of the minor's  proposed living arrangement and for ongoing monitoring of the health, safety, and best  interest of the minor and compliance with any order of protective supervision entered in  accordance with Section 2-20 or 2-25.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.(10) When the court finds or has found that there is probable cause to  believe a minor is an abused minor as described in subsection (2) of Section  2-3  and that there is an immediate and urgent necessity for the abused minor to be  placed in shelter care, immediate and urgent necessity shall be presumed for  any other minor residing in the same household as the abused minor provided:(a) Such other minor is the subject of an abuse or     neglect petition pending before the court; and(b) A party to the petition is seeking shelter care     for such other minor.Once the presumption of immediate and urgent necessity has been raised, the  burden of demonstrating the lack of immediate and urgent necessity shall be on  any party that is opposing shelter care for the other minor.(11) 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).(12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of  Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests  factors listed in subsection (4.05) of Section 1-3 of this Act:(a) the efforts      to identify and locate the     respondents and adult family members of the minor and the results of those efforts;(b)     the efforts   to engage the respondents and     adult family members of the minor in decision making on behalf of the minor;(c)    the length of time the efforts in paragraphs     (a) and (b) have been ongoing;(d) the relationship between the respondents and     adult family members and the minor;(e) medical testimony regarding the extent to which     the minor is suffering and the impact of a delay in decision-making on the minor; and(f) any other factor   the court deems relevant.If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of  paragraph (1) of subsection (b) of  Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection. (Source: P.A. 102-489, eff. 8-20-21.)(Text of Section from P.A. 102-502)Sec. 2-10. Temporary custody hearing. At the appearance of the  minor before the court at the temporary custody 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 abused, neglected or dependent 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 abused, neglected or dependent, the court shall state in writing  the factual basis supporting its finding and the minor, his or her parent,  guardian, custodian and other persons able to give relevant testimony  shall be examined before the court.  The Department of Children and  Family Services shall give testimony concerning indicated reports of abuse  and neglect, of which they are aware through the central registry,  involving the minor's parent, guardian or custodian.  After such  testimony, the court may, consistent with  the health,  safety and best interests of the minor,  enter an order that the minor shall be released  upon the request of parent, guardian or custodian if the parent, guardian  or custodian appears to take custody. If it is determined that a parent's, guardian's, or custodian's compliance with critical services mitigates the necessity for removal of the minor from his or her home, the court may enter an Order of Protection setting forth reasonable conditions of behavior that a parent, guardian, or custodian must observe for a specified period of time, not to exceed 12 months, without a violation; provided, however, that the 12-month period shall begin anew after any violation. "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. If it is  consistent with the health, safety and best interests of the  minor, the  court may also 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; however, on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, a minor charged with a  criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent  shall not be placed in the custody of or committed to the Department of  Children and Family Services by any court, except a minor less than 16    years of age and committed to the Department of Children and Family Services  under Section 5-710 of this Act or a minor for whom an independent  basis of  abuse, neglect, or dependency exists; and on and after January 1, 2017, a minor charged with a  criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent  shall not be placed in the custody of or committed to the Department of  Children and Family Services by any court, except a minor less than 15 years of age and committed to the Department of Children and Family Services  under Section 5-710 of this Act or a minor for whom an independent  basis of  abuse, neglect, or dependency exists.     An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which  give rise to a charge or adjudication of delinquency.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.  In determining  the health, safety and best interests of the minor to prescribe shelter  care, the court must  find that it is a matter of immediate and urgent necessity for the safety  and 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 must further find that reasonable efforts have been made or  that, consistent with the health, safety and best interests of  the minor, no efforts reasonably can be made to  prevent or eliminate the necessity of removal of the minor from his or her  home. The court shall require documentation from the Department of Children and  Family Services as to the reasonable efforts that were made to prevent or  eliminate the necessity of removal of the minor from his or her home or the  reasons why no efforts reasonably could be made to prevent or eliminate the  necessity of removal. When a minor is placed in the home of a relative, the  Department of Children and Family Services shall complete a preliminary  background review of the members of the minor's custodian's household in  accordance with Section 4.3 of the Child Care Act of 1969 within 90 days of  that placement.  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, 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.Where the Department of Children and Family Services Guardianship Administrator is appointed as the executive temporary custodian, the Department of Children and Family Services shall file with the court and serve on the parties a parent-child visiting plan, within 10 days, excluding weekends and holidays, after the appointment.  The parent-child visiting plan shall set out the time and place of visits, the frequency of visits, the length of visits, who shall be present at the visits, and where appropriate, the minor's opportunities to have telephone and mail communication with the parents.Where the Department of Children and Family Services Guardianship Administrator is  appointed as the executive temporary custodian, and when the child has siblings in care,  the Department of Children and Family Services shall file with the court and serve on the  parties a sibling placement and contact plan within 10 days, excluding weekends and  holidays, after the appointment. The sibling placement and contact plan shall set forth  whether the siblings are placed together, and if they are not placed together, what, if any,  efforts are being made to place them together. If the Department has determined that it is  not in a child's best interest to be placed with a sibling, the Department shall document in  the sibling placement and contact plan the basis for its determination. For siblings placed  separately, the sibling placement and contact plan shall set the time and place for visits,  the frequency of the visits, the length of visits, who shall be present for the visits, and  where appropriate, the child's opportunities to have contact with their siblings in addition to  in person contact. If the Department determines it is not in the best interest of a sibling to  have contact with a sibling, the Department shall document in the sibling placement and  contact plan the basis for its determination. The sibling placement and contact plan shall  specify a date for development of the Sibling Contact Support Plan, under subsection (f) of Section 7.4 of the Children and Family Services Act, and shall remain in effect until the Sibling Contact Support Plan is developed.For good cause, the court may waive the requirement to file the parent-child visiting plan or the sibling placement and contact plan, or extend the time for filing either plan.  Any party may, by motion, request the court to review the parent-child visiting plan to determine whether it is reasonably calculated to expeditiously facilitate the achievement of the permanency goal. A party may, by motion, request the court to review the parent-child visiting plan or the sibling placement and contact plan to determine whether it is consistent with the minor's best interest.  The court may refer the parties to mediation where available. The frequency, duration, and locations of visitation shall be measured by the needs of the child and family, and not by the convenience of Department personnel.  Child development principles shall be considered by the court in its analysis of how frequent visitation should be, how long it should last, where it should take place, and who should be present.  If upon motion of the party to review either plan and after receiving evidence, the court determines that the parent-child visiting plan is not reasonably calculated to expeditiously facilitate the achievement of the permanency goal or that the restrictions placed on parent-child contact or sibling placement or contact are contrary to the child's best interests, the court shall put in writing the factual basis supporting the determination and enter specific findings based on the evidence.  The court shall enter an order for the Department to implement changes to the parent-child visiting plan or sibling placement or contact plan, consistent with the court's findings.  At any stage of proceeding, any party may by motion request the court to enter any orders necessary to implement the parent-child visiting plan, sibling placement or contact plan or subsequently developed Sibling Contact Support Plan.  Nothing under this subsection (2) shall restrict the court from granting discretionary authority to the Department to increase opportunities for additional parent-child contacts or sibling contacts, without further court orders.  Nothing in this subsection (2) shall restrict the Department from immediately restricting or terminating parent-child contact or sibling contacts, without either amending the parent-child visiting plan or the sibling contact plan or obtaining a court order, where the Department or its assigns reasonably believe there is an immediate need to protect the child's health, safety, and welfare.  Such restrictions or terminations must be based on available facts to the Department and its assigns when viewed in light of the surrounding circumstances and shall only occur on an individual case-by-case basis. The Department shall file with the court and serve on the parties any amendments to the plan within 10 days, excluding weekends and holidays, of the change of the visitation.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 it is  consistent with the health, safety and best  interests of the minor to prescribe shelter care, the court shall state in  writing (i) the factual basis supporting its findings concerning the  immediate and urgent necessity for the protection of the minor or of the person  or property of another and (ii) the factual basis supporting its findings that  reasonable efforts were made to prevent or eliminate the removal of the minor  from his or her home or that no efforts reasonably could be made to prevent or  eliminate the removal of the minor from his or her home.  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.If the child is placed in the temporary custody of the Department of  Children  and Family  Services for his or her protection, the court shall admonish the parents,  guardian,  custodian or responsible relative that the parents must cooperate with the  Department of Children and Family Services, comply  with the terms of the service plans, and correct the conditions which require  the child to be in care, or risk termination of their parental  rights. The court shall ensure, by inquiring in open court of each parent, guardian, custodian or responsible relative, that the parent, guardian, custodian or responsible relative has had the opportunity to provide the Department with all known names, addresses, and telephone numbers of each of the minor's living maternal and paternal adult relatives, including, but not limited to, grandparents, aunts, uncles, and siblings.  The court shall advise the parents, guardian, custodian or responsible relative to inform the Department if additional information regarding the minor's adult relatives becomes available.(3) If prior to the shelter care hearing for a minor described in Sections  2-3, 2-4, 3-3 and 4-3 the moving party is unable to serve notice on the  party respondent, the shelter care hearing may proceed ex parte.  A shelter  care order from an ex parte hearing shall be endorsed with the date and  hour of issuance and shall be filed with the clerk's office and entered of  record. The order shall expire after 10 days from the time it is issued  unless before its expiration it is renewed, at a hearing upon appearance  of the party respondent, or upon an affidavit of the moving party as to all  diligent efforts to notify the party respondent by notice as herein  prescribed.  The notice prescribed shall be in writing and shall be  personally delivered to the minor or the minor's attorney and to the last  known address of the other person or persons entitled to notice.  The  notice shall also state the nature of the allegations, the nature of the  order sought by the State, including whether temporary custody is sought,  and the consequences of failure to appear and 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; and shall explain the  right of  the parties and the procedures to vacate or modify a shelter care order as  provided in this Section.  The notice for a shelter care hearing shall be  substantially as follows:  NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARINGOn ................ at ........., before the     Honorable ................, (address:) ................., the State of Illinois will present evidence (1) that (name of child or children) ....................... are abused, neglected or dependent for the following reasons:.............................................. and (2)     whether there is "immediate and urgent necessity" to remove the child or children from the responsible relative.YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN     PLACEMENT of the child or children in foster care until a trial can be held.  A trial may not be held for up to 90 days.  You will not be entitled to further notices of proceedings in this case, including the filing of an amended petition or a motion to terminate parental rights.At the shelter care hearing, parents have the     following rights:1. To ask the court to appoint a lawyer if they         cannot afford one.2. To ask the court to continue the hearing to         allow them time to prepare.3. To present evidence concerning:a. Whether or not the child or children were             abused, neglected or dependent.b. Whether or not there is "immediate and             urgent necessity" to remove the child from home (including: their ability to care for the child, conditions in the home, alternative means of protecting the child other than removal).c. The best interests of the child.4. To cross examine the State's witnesses.The Notice for rehearings shall be substantially as follows:  NOTICE OF PARENT'S AND CHILDREN'S RIGHTS TO REHEARING ON TEMPORARY CUSTODYIf you were not present at and did not have adequate     notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of .................  To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following:1. That you were not present at the shelter care         hearing.2. That you did not get adequate notice         (explaining how the notice was inadequate).3. Your signature.4. Signature must be notarized.The rehearing should be scheduled within 48 hours of     your filing this affidavit.At the rehearing, your rights are the same as at the     initial shelter care hearing.  The enclosed notice explains those rights.At the Shelter Care Hearing, children have the     following rights:1. To have a guardian ad litem appointed.2. To be declared competent as a witness and to         present testimony concerning:a. Whether they are abused, neglected or             dependent.b. Whether there is "immediate and urgent             necessity" to be removed from home.c. Their best interests.3. To cross examine witnesses for other parties.4. To obtain an explanation of any proceedings         and orders of the court.(4) If the parent, guardian, legal custodian, responsible relative,  minor age 8 or over, or counsel of the minor did not have actual notice of  or was not present at the shelter care hearing, he or she may file an  affidavit setting forth these facts, and the clerk shall set the matter for  rehearing not later than 48 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.(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 the minor is not brought before a judicial officer within the  time period as specified in Section 2-9, the minor must immediately be  released from custody.(8) 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.(9) Notwithstanding any other provision of this  Section 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, on notice  to all parties entitled to notice, may file a motion that it is in the best  interests of the minor 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 and the child can be cared for at home without endangering the child's health or safety; or(c) A person not a party to the alleged abuse,     neglect or dependency, 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 and the child can be cared for at home without endangering the child's health or safety.In ruling on the motion, the court shall determine whether it is consistent  with the health, safety and best interests of the minor to modify  or vacate a temporary custody order.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.(10) When the court finds or has found that there is probable cause to  believe a minor is an abused minor as described in subsection (2) of Section  2-3  and that there is an immediate and urgent necessity for the abused minor to be  placed in shelter care, immediate and urgent necessity shall be presumed for  any other minor residing in the same household as the abused minor provided:(a) Such other minor is the subject of an abuse or     neglect petition pending before the court; and(b) A party to the petition is seeking shelter care     for such other minor.Once the presumption of immediate and urgent necessity has been raised, the  burden of demonstrating the lack of immediate and urgent necessity shall be on  any party that is opposing shelter care for the other minor.(11) 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).(12) After the court has placed a minor in the care of a temporary custodian pursuant to this Section, any party may file a motion requesting the court to grant the temporary custodian the authority to serve as a surrogate decision maker for the minor under the Health Care Surrogate Act for purposes of making decisions pursuant to paragraph (1) of subsection (b) of  Section 20 of the Health Care Surrogate Act. The court may grant the motion if it determines by clear and convincing evidence that it is in the best interests of the minor to grant the temporary custodian such authority. In making its determination, the court shall weigh the following factors in addition to considering the best interests  factors listed in subsection (4.05) of Section 1-3 of this Act:(a) the efforts      to identify and locate the     respondents and adult family members of the minor and the results of those efforts;(b)     the efforts   to engage the respondents and     adult family members of the minor in decision making on behalf of the minor;(c)    the length of time the efforts in paragraphs     (a) and (b) have been ongoing;(d) the relationship between the respondents and     adult family members and the minor;(e) medical testimony regarding the extent to which     the minor is suffering and the impact of a delay in decision-making on the minor; and(f) any other factor   the court deems relevant.If the Department of Children and Family Services is the temporary custodian of the minor, in addition to the requirements of  paragraph (1) of subsection (b) of  Section 20 of the Health Care Surrogate Act, the Department shall follow its rules and procedures in exercising authority granted under this subsection. (Source: P.A. 102-502, eff. 1-1-22.)