705 ILCS 405/2-27
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. 802-27)Sec. 2-27. Placement; legal custody or guardianship.(1) If the court determines and puts in writing the factual basis supporting  the determination of whether the parents, guardian, or legal custodian of a  minor adjudged a ward of the court are unfit or are unable, for some reason  other than financial circumstances alone, to care for, protect, train or  discipline the minor or are unwilling to do so, and that the  health, safety, and best  interest of the minor will be jeopardized if the minor remains in the custody  of his or her parents, guardian or  custodian, the court may at this hearing and at any later point:(a) place the minor in the custody of a suitable     relative or other person as legal custodian or guardian;(a-5) with the approval of the Department of Children     and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; "subsidized guardianship" means a private guardianship arrangement for children for whom the permanency goals of return home and adoption have been ruled out and who meet the qualifications for subsidized guardianship as defined by the Department of Children and Family Services in administrative rules;(b) place the minor under the guardianship of a     probation officer;(c) commit the minor to an agency for care or     placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;(d) on and after the effective date of this     amendatory Act of the 98th General Assembly and before January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, 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 (i) 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, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act.  On and after January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, 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 (i) 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, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. 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.  The Department shall be given due notice of the pendency of the action and the Guardianship Administrator of the Department of Children and Family Services shall be appointed guardian of the person of the minor. Whenever the Department seeks to discharge a minor from its care and service, the Guardianship Administrator shall petition the court for an order terminating guardianship. The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship Administrator to documents affecting the guardian-ward relationship of children for whom he or she has been appointed guardian at such times as he or she is unable to perform the duties of his or her office. The signature authorization shall include but not be limited to matters of consent of marriage, enlistment in the armed forces, legal proceedings, adoption, major medical and surgical treatment and application for driver's license. Signature authorizations made pursuant to the provisions of this paragraph shall be filed with the Secretary of State and the Secretary of State shall provide upon payment of the customary fee, certified copies of the authorization to any court or individual who requests a copy.(1.5) In making a determination under this Section, the court shall also  consider  whether, based on health, safety, and the best interests of the minor,(a) appropriate services aimed at family preservation     and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or(b) no family preservation or family reunification     services would be appropriate,  and if the petition or amended petition  contained an allegation that the  parent is an unfit  person as defined in subdivision (D) of Section 1 of the Adoption Act, and the  order of  adjudication  recites that parental unfitness was established by clear and convincing  evidence, the court  shall, when appropriate and in the best interest of the minor, enter an  order terminating parental rights and  appointing a guardian with  power to  consent to adoption in accordance with Section 2-29.When making a placement, the court, wherever possible, shall  require the Department of Children and Family Services to select a person  holding the same religious belief as that of the minor or a private agency  controlled by persons of like religious faith of the minor and shall require  the Department to otherwise comply with Section 7 of the Children and Family  Services Act in placing the child. In addition, whenever alternative plans for  placement are available, the court shall ascertain and consider, to the extent  appropriate in the particular case, the views and preferences of the minor.(2) When a minor is placed with a suitable relative or other  person pursuant to item (a) of subsection (1),  the court shall appoint him or her the legal custodian or guardian of the  person of the minor. When a minor is committed to any agency, the court  shall appoint the proper officer or representative thereof as legal  custodian or guardian of the person of the minor. Legal custodians and  guardians of the person of the minor have the respective rights and duties set  forth in subsection (9) of Section 1-3 except as otherwise provided by order  of court; but no guardian of the person may consent to adoption of the  minor unless that authority is conferred upon him or her in accordance with  Section 2-29. An agency whose representative is appointed guardian of the  person or legal custodian of the minor may place the minor in any child care  facility, but the facility must be licensed under the Child Care Act of  1969 or have been approved by the Department of Children and Family Services  as meeting the standards established for such licensing. No agency may  place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility  unless the placement is in compliance with the rules and regulations  for placement under this Section promulgated by the Department of Children  and Family Services under Section 5 of the Children and Family Services  Act. Like authority and restrictions shall be conferred by the court upon  any probation officer who has been appointed guardian of the person of a minor.(3) No placement by any probation officer or agency whose representative  is appointed guardian of the person or legal custodian of a minor may be  made in any out of State child care facility unless it complies with the  Interstate Compact on the Placement of Children.  Placement with a parent,  however, is not subject to that Interstate Compact.(4) The clerk of the court shall issue to the legal custodian or  guardian of the person a certified copy of the order of court, as proof  of his authority. No other process is necessary as authority for the  keeping of the minor.(5) Custody or guardianship granted under this Section continues until  the court otherwise directs, but not after the minor reaches the age  of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33.(6) (Blank).  (Source: P.A. 101-79, eff. 7-12-19.)