705 ILCS 405/3-12
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article III - Minors Requiring Authoritative Intervention

 (from Ch. 37, par. 803-12)Sec. 3-12. 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 a person requiring authoritative intervention, 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 a person requiring authoritative intervention, 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. "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; 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, the court  shall, upon request of the 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 and 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 prior to the shelter care hearing for a minor described in  Sections 2-3, 2-4, 3-3, and 4-3 the petitioner 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 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) that 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.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 one day 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, 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 specified in Section 3-11, 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 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.(10) 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. 99-642, eff. 7-28-16; 100-159, eff. 8-18-17.)