705 ILCS 405/2-13
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. 802-13)Sec. 2-13. Petition.(1) Any adult person, any agency or association by its  representative may file, or the court on its own motion, consistent with the  health, safety and best interests of the minor may direct the  filing through the State's Attorney of a petition in respect of a minor  under this Act.  The petition and all subsequent court documents shall be  entitled "In the interest of ...., a minor".(2) The petition shall be verified but the statements may be made  upon information and belief.  It shall allege that the minor is  abused, neglected, or dependent, with citations to the appropriate  provisions of this Act,  and set forth (a) facts sufficient to bring the minor  under Section 2-3 or 2-4 and to inform respondents of the cause of action,  including, but not limited to, a plain and concise statement of the factual  allegations that form the basis for the filing of the petition; (b) the name,  age and residence of the minor; (c) the names and residences of his parents;  (d) the name and residence of his  legal guardian or the person or persons having custody or control of the  minor, or of the nearest known relative if no parent or guardian can be  found; and (e) if the minor upon whose behalf the petition is brought is  sheltered in custody, the date on which such temporary custody  was ordered by the  court or the date set for a temporary custody hearing. If any of the facts  herein required are not known by the petitioner, the petition shall so  state.(3) The petition must allege that it is in the best interests of the  minor and of the public that he be adjudged a ward of the court and may  pray generally for relief available under this Act. The petition need  not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection.(4) If termination of parental rights and appointment of a guardian of the  person with power to consent to adoption of the minor under Section 2-29 is  sought, the petition shall so state.  If the petition includes this request,  the prayer for relief shall clearly and obviously state that the parents could  permanently lose their rights as a parent at this hearing.In addition to the foregoing, the petitioner, by motion, may request the  termination of parental rights and appointment of a guardian of the person with  power to consent to adoption of the minor under Section 2-29 at any time after  the entry of a dispositional order under Section 2-22.(4.5) (a) Unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, with respect to any minors committed to its care pursuant to  this Act, the Department of Children and Family Services shall request the  State's Attorney to file a petition or motion for termination of parental  rights and appointment of guardian of the person with power to consent to  adoption of the minor under Section 2-29 if:(i) a minor has been in foster care, as described in     subsection (b), for 15 months of the most recent 22 months; or(ii) a minor under the age of 2 years has been     previously determined to be abandoned at an adjudicatory hearing; or(iii) the parent is criminally convicted of:(A) first degree murder or second degree murder         of any child;(B) attempt or conspiracy to commit first degree         murder or second degree murder of any child;(C) solicitation to commit murder of any child,         solicitation to commit murder for hire of any child, or solicitation to commit second degree murder of any child;(D) aggravated battery, aggravated battery of a         child, or felony domestic battery, any of which has resulted in serious injury to the minor or a sibling of the minor;(E) predatory criminal sexual assault of a child;(E-5)   aggravated criminal sexual assault;(E-10) criminal sexual abuse in violation of         subsection (a) of Section 11-1.50 of the Criminal Code of 1961 or the Criminal Code of 2012;(E-15) sexual exploitation of a child;(E-20) permitting sexual abuse of a child;(E-25) criminal sexual assault; or(F) an offense in any other state the elements of         which are similar and bear a substantial relationship to any of the foregoing offenses.(a-1) For purposes of this subsection (4.5), good cause exists in the following circumstances:(i) the child  is being cared for by a relative,(ii) the Department has documented in the case plan a     compelling reason for determining that filing such petition would not be in the best interests of the child,(iii) the court has found within the preceding 12     months that the Department has failed to make reasonable efforts to reunify the child and family, or(iv) the parent is incarcerated, or the parent's     prior incarceration is a significant factor in why the child has been in foster care for 15 months out of any 22-month period, the parent maintains a meaningful role in the child's life, and the Department has not documented another reason why it would otherwise be appropriate to file a petition to terminate parental rights pursuant to this Section and the Adoption Act. The assessment of whether an incarcerated parent maintains a meaningful role in the child's life may include consideration of the following:(A) the child's best interest;(B) the parent's expressions or acts of         manifesting concern for the child, such as letters, telephone calls, visits, and other forms of communication with the child and the impact of the communication on the child;(C) the parent's efforts to communicate with and         work with the Department for the purpose of complying with the service plan and repairing, maintaining, or building the parent-child relationship; or(D) limitations in the parent's access to family         support programs, therapeutic services, visiting opportunities, telephone and mail services, and meaningful participation in court proceedings.(b) For purposes of this subsection, the date of entering foster care is  defined as the earlier of:(1) The date of a judicial finding at an adjudicatory     hearing that the child is an abused, neglected, or dependent minor; or(2) 60 days after the date on which the child is     removed from his or her parent, guardian, or legal custodian.(c) (Blank).(d) (Blank).(5) The court shall liberally allow the petitioner to amend the petition to  set forth a cause of action or to add, amend, or supplement factual allegations  that form the basis for a cause of action up until 14 days before the  adjudicatory hearing.  The petitioner may amend the petition after that date  and prior to the adjudicatory hearing if the court grants leave to amend upon a  showing of good cause.  The court may allow amendment of the  petition to conform with the evidence at any time prior to ruling.  In all  cases in which the court has granted leave to amend based on new evidence or  new allegations, the court shall permit  the respondent an adequate opportunity to prepare a defense to the amended  petition.(6) At any time before dismissal of the petition or before final closing  and discharge under Section 2-31, one or more motions in the best interests of  the minor may be filed.  The motion shall specify sufficient facts in support  of the relief requested.  (Source: P.A. 101-529, eff. 1-1-20.)