2023 Illinois Compiled Statutes › Chapter 705 - COURTS › 705 ILCS 405/ - Juvenile Court Act of 1987. › Article IV - Addicted Minors

(705 ILCS 405/Art. IV heading)
ARTICLE IV.  
		ADDICTED MINORS
(705 ILCS 405/4-1) (from Ch. 37, par. 804-1)
Sec. 4-1. Jurisdictional facts. Proceedings may be instituted under
the provisions of this Article concerning children who are addicted
as defined in Section 4-3.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-2) (from Ch. 37, par. 804-2)
Sec. 4-2. 
		Venue. 
		(1) Venue under this Article lies in the county
where the minor resides or is found.
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at
any time before or after adjudication of wardship transfer the case to the
county of the minor's residence by transmitting to the court in that county
an authenticated copy of the court record, including all documents,
petitions and orders filed therein, and the minute orders and docket
entries of the court.  Transfer in like manner may be made in the event of
a change of residence from one county to another of a minor concerning whom
proceedings are pending.
(Source: P.A. 85-601.)
(705 ILCS 405/4-3) (from Ch. 37, par. 804-3)
Sec. 4-3. Addicted minor. Those who are addicted include any minor
who has a substance use disorder as defined in the Substance Use Disorder Act.
(Source: P.A. 100-759, eff. 1-1-19.)
(705 ILCS 405/4-4) (from Ch. 37, par. 804-4)
Sec. 4-4. Taking into custody.
(1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be an addicted minor; (b) who has been adjudged a ward of the court
and has escaped from any commitment ordered by the court under this Act; or (c)
who is found in any street or public place suffering from any sickness or
injury which requires care, medical treatment or hospitalization.
(2) Whenever a petition has been filed under Section 4-12 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of the minor or others or that the
circumstances of the minor's home environment may endanger the minor's health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record.
(4) Minors taken into temporary custody under this Section are subject
to the provisions of Section 1-4.1.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-5) (from Ch. 37, par. 804-5)
Sec. 4-5. Duty of officer; admissions by minor.
(1) A law
enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's
care or the person with whom the minor resides that the minor has been
taken into custody and where the minor is being held; and the officer shall
without unnecessary delay take the minor to the nearest juvenile police
officer designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city or village
where the offense is alleged to have been committed.
The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of
minors, provided that the court may not designate a place of detention.
(2) A law enforcement officer who takes a minor into custody without
a warrant under Section 4-4 shall, if the minor is not released,
immediately make a reasonable attempt to notify the parent or other person
legally responsible for the minor's care or the person with whom the minor
resides that the minor has been taken into custody and where the minor is
being held; and the law enforcement officer shall without unnecessary delay
take the minor to the nearest juvenile police officer designated for such
purposes in the county of venue.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to a     parent;
(c) station adjustment, release of the minor to a     parent, and referral of the case to community services;
(d) station adjustment, release of the minor to a     parent, and referral of the case to community services with informal monitoring by a juvenile police officer;
(e) station adjustment and release of the minor to a     third person pursuant to agreement of the minor and parents;
(f) station adjustment, release of the minor to a     third person pursuant to agreement of the minor and parents, and referral of the case to community services;
(g) station adjustment, release of the minor to a     third person pursuant to agreement of the minor and parents, and referral to community services with informal monitoring by a juvenile police officer;
(h) release of the minor to the minor's parents and     referral of the case to a county juvenile probation officer or such other public officer designated by the court;
(i) if the juvenile police officer reasonably     believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of the court for the reception of minors; and
(j) any other appropriate action with consent of the     minor and a parent.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-6) (from Ch. 37, par. 804-6)
Sec. 4-6. Temporary custody. "Temporary custody" means the temporary
placement of the minor out of the custody of the minor's guardian or parent.
(a) "Temporary protective custody" means custody within a hospital or
other medical facility or a place previously designated for such custody by
the Department, subject to review by the Court, including a licensed foster
home, group home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile offenders.
(b) "Shelter care" means a physically unrestrictive facility designated by
Department of Children and Family Services or a licensed child welfare
agency or other suitable place designated by the court for a minor who
requires care away from the minor's home.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-7) (from Ch. 37, par. 804-7)
Sec. 4-7. Investigation; release. When a minor is delivered to the
court, or to the place designated by the court under Section 4-6 of this Act,
a probation officer or such other public officer designated by the court
shall immediately investigate the circumstances of the minor and the
facts surrounding the minor being taken into custody. The minor shall be
immediately released to the custody of the minor's parent, guardian, legal
custodian or responsible relative, unless the probation officer or such
other public officer designated by the court finds that further
temporary custody is necessary, as provided in Section 4-6.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-8) (from Ch. 37, par. 804-8)
Sec. 4-8. Setting of shelter care hearing.
(1) Unless sooner released, a minor alleged to be addicted
taken into temporary protective custody must be brought before
a judicial officer within 48 hours, exclusive of Saturdays, Sundays and
holidays, for a shelter care hearing to determine whether the minor shall be further
held in custody.
(2) If the probation officer or such other public officer designated
by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court 
shall cause a petition to be filed as provided in Section 4-12 of this Act,
and the clerk of the court shall set the matter for hearing on the
shelter care hearing calendar. When a parent, guardian, custodian or
responsible relative is present and so requests, the shelter
care hearing shall be held immediately if the court is in session, otherwise
at the earliest feasible time. The probation officer or such other public
officer designated by the court shall notify the minor's parent, guardian,
custodian or responsible relative of the time and place of the hearing.
The notice may be given orally.
(3) The minor must be released from custody at the expiration of the
48 hour period, as the case may be, specified by this Section, if not
brought before a judicial officer within that period.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
Sec. 4-9. 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 addicted, 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 addicted, the minor, the minor's 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
and agrees to abide by a court order
which requires the minor and the minor's parent, guardian, or legal custodian
to
complete an evaluation by an entity licensed by the Department of Human
Services, as the successor to
the Department of Alcoholism and Substance Abuse, and complete
any treatment recommendations indicated by the assessment. "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 the minor's 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 the minor 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 the minor's 
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, or
in a facility or program licensed by the Department of Human
Services for shelter and treatment services;
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, or in
a facility or program licensed by the Department of Human
Services for
shelter and treatment
services, 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 the minor's 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 the minor's 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 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.
(3) If neither the parent, guardian, legal custodian, responsible
relative nor counsel of the minor has had actual notice of or is present
at the shelter care hearing, the parent, guardian, legal custodian, responsible relative, or counsel of the minor may file an 
affidavit setting forth these facts, and the clerk shall set the matter for
rehearing not later than 24 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.
(4) If the minor is not brought before a judicial officer within the
time period as specified in Section 4-8, the minor must immediately be
released from custody.
(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 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.
(8) 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, 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 the minor's family.
(9) 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. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-10) (from Ch. 37, par. 804-10)
Sec. 4-10. 
		Medical and dental treatment and care. 
		At all times during
temporary custody or shelter care, the court may authorize a physician, a
hospital or any other appropriate health care provider to provide medical,
dental or surgical procedures if such procedures are necessary to safeguard
the minor's life or health.
(Source: P.A. 85-1209.)
(705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
Sec. 4-11. Preliminary conferences.
(1) The court may authorize the
probation officer to confer in a
preliminary conference with any person seeking to file a petition under
this Article, the prospective respondents and other interested persons
concerning the advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition as provided for herein.
The probation officer should schedule a
conference promptly except where
the State's Attorney insists on court action or where the minor has indicated
that the minor will demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody, the holding of
preliminary conferences does not operate to prolong temporary custody
beyond the period permitted by Section 4-8.
(3) This Section does not authorize any
probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(4) No statement made during a preliminary conference may be admitted
into evidence at an adjudicatory hearing or at any proceeding against the
minor under the criminal laws of this State prior to the minor's conviction
thereunder.
(5) The probation officer shall promptly
formulate a written
non-judicial adjustment plan following the initial conference.
(6) Non-judicial adjustment plans include but are not limited to the
following:
(a) up to 6 months informal supervision within the     family;
(b) up to 12 months informal supervision with a     probation officer involved;
(c) up to 6 months informal supervision with release     to a person other than a parent;
(d) referral to special educational, counseling or     other rehabilitative social or educational programs;
(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the     minor and a parent.
(7) The factors to be considered by the
probation officer in formulating
a written non-judicial adjustment plan shall be the same as those limited
in subsection (4) of Section 5-405.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-12) (from Ch. 37, par. 804-12)
Sec. 4-12. Petition; supplemental petitions.
(1) Any adult person, any
agency or association by its representative may file, or the court on its
own motion may direct the filing through the State's Attorney of a petition
in respect to 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
addicted,
as
the case may be, and set forth (a) facts sufficient to bring the minor
under Section 4-1; (b) the name, age and residence of the minor; (c) the
names and residences of the minor's parents; (d) the name and residence of the minor's 
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 shelter care was ordered by the
court or the date set for a shelter care 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 the minor 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.
(4) If appointment of a guardian of the person with power to consent
to adoption of the minor under Section 4-27 is sought, the petition shall
so state.
(5) At any time before dismissal of the petition or before final
closing and discharge under Section 4-29, one or more supplemental
petitions may be filed in respect to the same minor.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-13) (from Ch. 37, par. 804-13)
Sec. 4-13. Date for adjudicatory hearing.
(a) (Blank).
(b)(1)(A)  When a petition has been filed
alleging that the minor is an addict under this Article,
an adjudicatory hearing shall be held within 120
days of a demand made by any party, except that when the court determines
that the State, without success, has exercised due diligence to obtain
evidence material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later date, the court may,
upon motion by the State, continue the adjudicatory hearing for not more
than 30 additional days.
The 120 day period in which an adjudicatory hearing shall be held is
tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed
pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for trial; or (iii) an
interlocutory appeal.  Any such delay shall temporarily suspend for the
time of the delay the period within which the adjudicatory hearing must
be held.  On the day of expiration of the delay, the said period shall
continue at the point at which it was suspended.
(B) When no such adjudicatory hearing is held within the time required
by paragraph (b)(1)(A) of this Section, the court shall,
upon motion by any party, dismiss the petition with prejudice.
(2) Without affecting the applicability of the tolling and multiple
prosecution provisions of paragraph (b) (1) of this Section, when a petition
has been filed alleging that the minor is an addict under this Article and
the minor is in shelter care, the
adjudicatory hearing shall be held within 10 judicial days after the date
of the order directing shelter care, or the earliest possible
date in compliance  with the notice provisions  of Sections 4-14 and 4-15 as
to the custodial parent, guardian or legal custodian, but no later than 30
judicial days from the date of the order of the court directing
shelter care.
(3) Any failure to comply with the time limits of paragraph (b)(2)
of this Section shall require the immediate release of the minor from shelter
care, and the time limits of paragraph (b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the minor's parents or
guardian from exercising their respective rights to waive the time limits
set forth in this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
(Text of Section from P.A. 103-22)
Sec. 4-14. Summons.
(1) When a petition is filed, the clerk of the
court shall issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or custodian and to
each person named as a respondent in the petition, except that summons need
not be directed to a minor respondent under 8 years of age for whom the
court appoints a guardian ad litem if the guardian ad litem appears on
behalf of the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or any of the
respondents is entitled to have an attorney present at the hearing on the
petition, and that the clerk of the court should be notified promptly if
the minor or any other respondent desires to be represented by an attorney
but is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the court, attested to
and signed with the name of the clerk of the court, dated on the day it is
issued, and shall require each respondent to appear and answer the petition
on the date set for the adjudicatory hearing.
(4) The summons may be served by any county sheriff, coroner or
probation officer, even though the officer is the petitioner. The return of
the summons with endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by:  (a) leaving a
copy thereof with the person summoned at least 3 days before the time
stated therein for appearance; (b) leaving a copy at the summoned person's usual place
of abode with some person of the family, of the age of 10 years or upwards,
and informing that person of the contents thereof, provided that the officer or
other person making service shall also send a copy of the summons in a
sealed envelope with postage fully prepaid, addressed to the person
summoned at the person's usual place of abode, at least 3 days before the time
stated therein for appearance; or (c) leaving a copy thereof with the
guardian or custodian of a minor, at least 3 days before the time stated
therein for appearance.  If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such agency
designated by such agency to accept service of summons and petitions.
The certificate of the officer or affidavit of the person that the officer or person has sent
the copy pursuant to this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written promise to
appear and bring the minor to court or who has waived or acknowledged service,
fails to appear with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or custodian, or a
person named as a respondent in a petition, in any proceeding under this
Act shall constitute a waiver of service of summons and submission to the
jurisdiction of the court.  A copy of the summons and petition shall be
provided to the person at the time of the person's appearance.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 4-14. Summons.
(1) When a petition is filed, the clerk of the
court shall issue a summons with a copy of the petition attached. The
summons shall be directed to the minor's legal guardian or custodian and to
each person named as a respondent in the petition, except that summons need
not be directed to a minor respondent under 8 years of age for whom the
court appoints a guardian ad litem if the guardian ad litem appears on
behalf of the minor in any proceeding under this Act.
(2) The summons must contain a statement that the minor or any of the
respondents is entitled to have an attorney present at the hearing on the
petition, and that the clerk of the court should be notified promptly if
the minor or any other respondent desires to be represented by an attorney
but is financially unable to employ counsel.
(3) The summons shall be issued under the seal of the court, attested to
and signed with the name of the clerk of the court, dated on the day it is
issued, and shall require each respondent to appear and answer the petition
on the date set for the adjudicatory hearing.
(4) The summons may be served by any county sheriff, coroner or
probation officer, even though the officer is the petitioner. The return of
the summons with endorsement of service by the officer is sufficient proof
thereof.
(5) Service of a summons and petition shall be made by:  (a) leaving a
copy thereof with the person summoned at least 3 days before the time
stated therein for appearance; (b) leaving a copy at his usual place
of abode with some person of the family, of the age of 10 years or upwards,
and informing that person of the contents thereof, provided that the officer or
other person making service shall also send a copy of the summons in a
sealed envelope with postage fully prepaid, addressed to the person
summoned at his usual place of abode, at least 3 days before the time
stated therein for appearance; or (c) leaving a copy thereof with the
guardian or custodian of a minor, at least 3 days before the time stated
therein for appearance.  If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such agency
designated by such agency to accept service of summons and petitions.
The certificate of the officer or affidavit of the person that he has sent
the copy pursuant to this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written promise to
appear and bring the minor to court or who has waived or acknowledged service,
fails to appear with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or custodian, or a
person named as a respondent in a petition, in any proceeding under this
Act shall constitute a waiver of service of summons and submission to the
jurisdiction of the court.  A copy of the summons and petition shall be
provided to the person at the time of his appearance.
(8) Fines or assessments, such as fees or administrative costs, in the service of process shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
(705 ILCS 405/4-15) (from Ch. 37, par. 804-15)
Sec. 4-15. Notice by certified mail or publication.
(1) If service on individuals as provided in Section 4-14 is not made on
any respondent within a reasonable time or if it appears that any respondent
resides outside the State, service may be made by certified mail.  In such case
the clerk shall mail the summons and a copy of the petition to that respondent
by certified mail marked for delivery to addressee only.  The court shall not
proceed with the adjudicatory hearing until 5 days after such mailing.  The
regular return receipt for certified mail is sufficient proof of service.
(2) If service upon individuals as provided in Section 4-14 is not made
on any respondents within a reasonable time or if any person is
made a respondent under the designation of "All whom it may Concern",
or if service cannot be made because the whereabouts of a respondent are
unknown, service may be made by publication.  The clerk of the court as soon
as possible shall cause publication to be made once in a newspaper of
general circulation in the county where the action is pending.  Notice
by publication is not required in any case when the person alleged to
have legal custody of the minor has been served with summons personally
or by certified mail, but the court may not enter any order or judgment
against any person who cannot be served with process other than by
publication unless notice by publication is given or unless that person
appears.  When a minor has been sheltered under Section 4-6
of this Act and summons has not been served personally or by certified mail
within 20 days from the date of the order of court directing such shelter
care, the clerk of the court shall cause publication.  Notice
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named respondents, if any)
and to All Whom It May Concern (if there is any respondent under that
designation):
Take notice that on (insert date) a
petition was filed
under the Juvenile Court Act of 1987 by .... in the circuit court of ....
county entitled 'In the interest of ...., a minor', and that in ....
courtroom at .... on the .... day of ....  at the hour of ...., or as
soon thereafter as this cause may be heard, an adjudicatory hearing will
be held upon the petition to have the child declared to be a ward of the
court under that Act.  The court has authority in this proceeding to
take from you the custody and guardianship of the minor, (and if the
petition prays for the appointment of a guardian with power to consent
to adoption) and to appoint a guardian with power to consent to adoption
of the minor.
Now, unless you appear at the hearing and show cause against the petition,
the allegations of the petition may stand admitted as against you and
each of you, and an order or judgment entered.
......................
Clerk         
Dated (insert the date of publication)"
(3) The clerk shall also at the time of the publication of the
notice send a copy thereof by mail to each of the respondents on account
of whom publication is made at each respondent's last known address.  The certificate
of the clerk that the clerk has mailed the notice is evidence thereof.  No
other publication notice is required.  Every respondent notified by
publication under this Section must appear and answer in open court at
the hearing.  The court may not proceed with the adjudicatory hearing until
10 days after service by publication on any custodial parent, guardian
or legal custodian.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 4-14 or with this Section, notice of the
resetting of the date must be given, by certified mail or other
reasonable means, to each respondent who has been served with summons
personally or by certified mail.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
(Text of Section from P.A. 103-22)
Sec. 4-16. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this Act, the court may appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is the     victim of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the     commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law the guardian ad litem shall be represented in the performance of the guardian ad litem's duties by counsel.
(2) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of the     minor appears at the first or any subsequent hearing of the case;
(b) the petition prays for the appointment of a     guardian with power to consent to adoption; or
(c) the petition for which the minor is before the     court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's parents or other custodian or that it is otherwise in the minor's interest to do so.
(4) Unless the guardian ad litem is an attorney, the guardian ad litem shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay. If the parents are unable to pay those fees, they shall be paid from the general fund of the county.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 4-16. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this Act, the court may appoint a guardian ad litem for the minor if:
(a) such petition alleges that the minor is the     victim of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the     commission of any of the sex offenses defined in Article 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.
Unless the guardian ad litem appointed pursuant to this paragraph (1) is an attorney at law he shall be represented in the performance of his duties by counsel.
(2) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of the     minor appears at the first or any subsequent hearing of the case;
(b) the petition prays for the appointment of a     guardian with power to consent to adoption; or
(c) the petition for which the minor is before the     court resulted from a report made pursuant to the Abused and Neglected Child Reporting Act.
(3) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and his parents or other custodian or that it is otherwise in the minor's interest to do so.
(4) Unless the guardian ad litem is an attorney, he shall be represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed under this Section shall be fixed by the court and paid from the general fund of the county.
(Source: P.A. 103-379, eff. 7-28-23.)
(705 ILCS 405/4-17) (from Ch. 37, par. 804-17)
Sec. 4-17. 
		Evidence. 
		At the adjudicatory hearing, the court shall first
consider only the question whether the minor is a person described in
Section 4-3. The standard of proof and the rules of evidence in the nature
of civil proceedings in this State are applicable to proceedings under this
Article.
(Source: P.A. 85-601.)
(705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
(Text of Section from P.A. 103-22)
Sec. 4-18. Continuance under supervision.
(1) The court may enter an
order of continuance under supervision (a) upon an admission or stipulation
by the appropriate respondent or minor respondent of the facts supporting
the petition and before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before noting in the
minutes of the proceeding a finding of whether or not the minor is an
addict, and (b) in the absence of objection made in open court by the
minor, the minor's parent, guardian, custodian, responsible relative, defense
attorney or the State's Attorney.
(2) If the minor, the minor's parent, guardian, custodian, responsible
relative, defense attorney or State's Attorney, objects in open court to
any such continuance and insists upon proceeding to findings and
adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or
for any other proper reason.
(4) When a hearing is continued pursuant to this Section, the court
may permit the minor to remain in the minor's home subject to such conditions
concerning the minor's conduct and supervision as the court may require by order.
(5) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that such condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition.  The filing of a
petition for violation of a condition of the continuance under supervision
shall toll the period of continuance under supervision until the final
determination of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that does not constitute
a criminal offense, the hearing must be held within 15 days of the filing
of the petition unless a delay in such hearing has been occasioned by the
minor, in which case the delay shall continue the tolling of the period
of continuance under supervision for the period of such delay.
(6) The court must impose upon a minor under an order of continuance
under
supervision or an order of disposition under this Article IV, as a condition
of the order, a fee of $25 for each month or partial month of supervision
with
a probation officer.  If the court determines the inability of the minor, or
the parent, guardian, or legal custodian of the minor to pay the fee, the
court may impose a lesser fee.  The court may not impose the fee on a minor who
is placed in the guardianship or custody of the Department of Children and Family Services under this Act.  The fee may be imposed only upon
a minor who is actively supervised by the probation and court services
department.  The fee must be collected by the clerk of the circuit court.  The
clerk of the circuit court must pay all monies collected from this fee to the
county treasurer for deposit into the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 4-18. Continuance under supervision.
(1) The court may enter an
order of continuance under supervision (a) upon an admission or stipulation
by the appropriate respondent or minor respondent of the facts supporting
the petition and before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before noting in the
minutes of the proceeding a finding of whether or not the minor is an
addict, and (b) in the absence of objection made in open court by the
minor, his parent, guardian, custodian, responsible relative, defense
attorney or the State's Attorney.
(2) If the minor, his parent, guardian, custodian, responsible
relative, defense attorney or State's Attorney, objects in open court to
any such continuance and insists upon proceeding to findings and
adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or
for any other proper reason.
(4) When a hearing is continued pursuant to this Section, the court
may permit the minor to remain in his home subject to such conditions
concerning his conduct and supervision as the court may require by order.
(5) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that such condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition.  The filing of a
petition for violation of a condition of the continuance under supervision
shall toll the period of continuance under supervision until the final
determination of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that does not constitute
a criminal offense, the hearing must be held within 15 days of the filing
of the petition unless a delay in such hearing has been occasioned by the
minor, in which case the delay shall continue the tolling of the period
of continuance under supervision for the period of such delay.
(6) (Blank).
(Source: P.A. 103-379, eff. 7-28-23.)
(705 ILCS 405/4-19) (from Ch. 37, par. 804-19)
Sec. 4-19. 
		Findings and adjudication. 
		(1) After hearing the evidence the
court shall make and note in the minutes of the proceeding a finding of
whether or not the minor is an addict. If it finds that the minor is not an
addict, the court shall order the petition dismissed and the minor
discharged from any restriction previously ordered in such proceeding.
(2) If the court finds that the minor is an addict, the court shall set
a time for a dispositional hearing to be conducted under Section 4-20 at
which hearing the court shall determine whether it is in the best interests
of the minor and the public that he be made a ward of the court.  To assist
the court in making this and other determinations at the dispositional
hearing, the court may order that an investigation be conducted and a
dispositional report be prepared concerning the minor's physical and mental
history and condition, family situation and background, economic status,
education, occupation, history of delinquency or criminality, personal
habits, and any other information that may be helpful to the court.
(Source: P.A. 85-601.)
(705 ILCS 405/4-20) (from Ch. 37, par. 804-20)
Sec. 4-20. Dispositional hearing; evidence; continuance.
(1) At the
dispositional hearing, the court shall determine whether it is in the best
interests of the minor and the public that the minor be made a ward of the court,
and, if the minor is to be made a ward of the court, the court shall determine the
proper disposition best serving the interests of the minor and the public.
All evidence helpful in determining these questions, including oral and
written reports, may be admitted and may be relied upon to the extent of
its probative value, even though not competent for the purposes of the
adjudicatory hearing.
(2) Notice in compliance with Sections 4-14 and 4-15 must be given to all
parties-respondents prior to proceeding to a dispositional hearing.  Before
making an order of disposition the court shall advise the
State's Attorney, the parents, guardian, custodian or responsible
relative or their counsel of the factual contents and the conclusions of the
reports prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them. The court may
order, however, that the documents containing such reports need not be
submitted to inspection, or that sources of confidential information
need not be disclosed except to the attorneys for the parties. Factual
contents, conclusions, documents and sources disclosed by the court
under this paragraph shall not be further disclosed without the express
approval of the court pursuant to an in camera hearing.
(3) A record of a prior continuance under supervision under Section
4-18, whether successfully completed or not, is admissible at the
dispositional hearing.
(4) On its own motion or that of the State's Attorney, a parent,
guardian, custodian, responsible relative or counsel, the court
may adjourn the hearing for a reasonable period to receive reports or other
evidence.  In scheduling investigations and hearings, the court shall give
priority to proceedings in which a minor has been removed from the minor's 
home before an order of disposition has been made.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
(Text of Section from P.A. 103-22)
Sec. 4-21. Kinds of dispositional orders.
(1) A minor found to be
addicted under Section 4-3 may be (a) committed to the Department of
Children and Family Services, subject to Section 5 of the Children and Family
Services Act; (b) placed
under supervision and released to the minor's parents, guardian or legal
custodian; (c) placed in accordance with Section 4-25 with or without also
being placed under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests of the minor and
the public will be served thereby; (d)
required to attend an approved alcohol or drug abuse treatment or counseling
program
on an inpatient or outpatient basis instead
of or in addition to the disposition otherwise provided for in this
paragraph; (e) ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act; or (f)
subject to having the minor's driver's license or driving privilege
suspended for such time as determined by the Court but only until the minor 
attains 18 years of age.  No disposition
under this subsection shall provide for the minor's placement in a secure
facility.
(2) Any order of disposition may provide for protective supervision
under Section 4-22 and may include an order of protection under Section 4-23.
(3) Unless the order of disposition expressly so provides, it does
not operate to close proceedings on the pending petition, but is subject
to modification until final closing and discharge of the proceedings
under Section 4-29.
(4) In addition to any other order of disposition, the court may
order any minor found to be addicted under this Article as neglected with
respect to the minor's injurious behavior, to
make restitution, in monetary or non-monetary form, under the terms and
conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred to therein
shall be the dispositional hearing for purposes of this Section.  The parent,
guardian or legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
(5) Any order for disposition where the minor is placed in
accordance with Section 4-25 shall provide for the parents or guardian of
the estate of such minor to pay to the legal custodian or guardian of the
person of the minor such sums as are determined by the custodian or guardian
of the person of the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1 of the
Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the minor
is a chronic or habitual truant under Section 26-2a of the School Code.
(7) The court must impose upon a minor under an order of continuance
under supervision or an order of disposition under this Article IV, as a
condition of the order, a fee of $25 for each month or partial month of
supervision with a
probation officer.  If the court determines the inability of the minor, or the
parent, guardian, or legal custodian of the minor to pay the fee, the court
may impose a lesser fee.  The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services
 under this Act.  The fee may be imposed only upon a
minor who is actively supervised by the probation and court services
department.  The fee must be collected by the clerk of the circuit court.
The clerk of the circuit court must pay all monies collected from this fee to
the county treasurer for deposit into the probation and court services fund
under
Section 15.1 of the Probation and Probation Officers Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 4-21. Kinds of dispositional orders.
(1) A minor found to be
addicted under Section 4-3 may be (a) committed to the Department of
Children and Family Services, subject to Section 5 of the Children and Family
Services Act; (b) placed
under supervision and released to his or her parents, guardian or legal
custodian; (c) placed in accordance with Section 4-25 with or without also
being placed under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests of the minor and
the public will be served thereby; (d)
required to attend an approved alcohol or drug abuse treatment or counseling
program
on an inpatient or outpatient basis instead
of or in addition to the disposition otherwise provided for in this
paragraph; (e) ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Minors Act; or (f)
subject to having his or her driver's license or driving privilege
suspended for such time as determined by the Court but only until he or she
attains 18 years of age.  No disposition
under this subsection shall provide for the minor's placement in a secure
facility.
(2) Any order of disposition may provide for protective supervision
under Section 4-22 and may include an order of protection under Section 4-23.
(3) Unless the order of disposition expressly so provides, it does
not operate to close proceedings on the pending petition, but is subject
to modification until final closing and discharge of the proceedings
under Section 4-29.
(4) In addition to any other order of disposition, the court may
order any minor found to be addicted under this Article as neglected with
respect to his or her own injurious behavior, to
make restitution, in monetary or non-monetary form, under the terms and
conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred to therein
shall be the dispositional hearing for purposes of this Section.  The parent,
guardian or legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
(5) Any order for disposition where the minor is placed in
accordance with Section 4-25 shall provide for the parents or guardian of
the estate of such minor to pay to the legal custodian or guardian of the
person of the minor such sums as are determined by the custodian or guardian
of the person of the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1 of the
Children and Family Services Act.
(6) Whenever the order of disposition requires the minor to attend
school or participate in a program of training, the truant officer or
designated school official shall regularly report to the court if the minor
is a chronic or habitual truant under Section 26-2a of the School Code.
(7) (Blank).
(Source: P.A. 103-379, eff. 7-28-23.)
(705 ILCS 405/4-22) (from Ch. 37, par. 804-22)
Sec. 4-22. Protective supervision. If the order of disposition releases the minor to the custody of the minor's 
parents, guardian or legal custodian, or continues the minor in such custody, the
court may place the person having custody of the minor, except for
representatives of private or public agencies or governmental departments,
under supervision of the probation office. Rules or orders of the court shall
define the terms and conditions of protective supervision, which may be
modified or terminated when the court finds that the best interests of the
minor and the public will be served thereby.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of
protection in assistance of or as a
condition of any other order authorized by this Act. The order of
protection may set forth reasonable conditions of behavior to be observed
for a specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated     periods;
(c) To abstain from offensive conduct against the     minor, the minor's parent or any person to whom custody of the minor is awarded;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to     which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
(f) To prohibit and prevent any contact whatsoever     with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission     that tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county.  The Sheriff shall furnish a copy of the
order of protection to the Illinois State Police within 24
hours of
receipt, in the form and manner required by the Department.  The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act.  Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held.  When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing.  If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct  a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing.  Unless the person against whom the order was obtained was present
in court when the order was issued,
the sheriff, other law enforcement official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings.  The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
(705 ILCS 405/4-24) (from Ch. 37, par. 804-24)
Sec. 4-24. Enforcement of orders of protective supervision or of protection.
(1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation thereof and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other
person affected by the order a certificate stating that an order of
protection has been made by the court concerning such persons and setting
forth its terms and requirements. The presentation of the certificate to
any peace officer authorizes the peace officer to take into custody a person charged with
violating the terms of the order of protection, to bring such person before
the court and, within the limits of the peace officer's legal authority, otherwise to aid in securing the protection the order is intended
to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-25) (from Ch. 37, par. 804-25)
Sec. 4-25. Placement; legal custody or guardianship.
(1) If the court finds that 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
appropriate services aimed at family preservation and family reunification
have been unsuccessful in rectifying the conditions which have led to
a finding of unfitness or inability to care for, protect, train or
discipline the minor, and that it is in the best interest of the minor to
take the minor from the custody of the minor's parents, guardian or custodian, the court may:
(a) place the minor in the custody of a suitable     relative or other person;
(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) commit the minor to some licensed training school     or industrial school; or
(e) commit the minor to any appropriate institution     having among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Corrections or of the Department of Children and Family Services.
(2) When making such placement, the court, wherever possible, shall
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 of Children and Family Services 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.
(3) When a minor is placed with a suitable relative or other person,
the court shall appoint the suitable relative or other person 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 the court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon the guardian in accordance with
Section 4-27.  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 such 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.  After June 30,
1981, no agency may place a minor, if the minor is under age 13, in a child
care facility unless such placement is in compliance with the rules and
regulations for placement under Section 4-25 of this Act 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.
(4) 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.
(5) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of the legal custodian's or guardian's authority. No other process is necessary as authority for the
keeping of the minor.
(6) 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 4-29.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-26) (from Ch. 37, par. 804-26)
Sec. 4-26. Court review.
(1)
The court may require any legal custodian or guardian of the person
appointed under this Act to report periodically to the court or may cite the legal custodian or guardian
 into court and require the legal custodian or guardian or the legal custodian's or guardian's agency, to make a full and
accurate report of the doings of the legal custodian, guardian, or agency on behalf of the minor.  The
custodian or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally under oath
in open court, or otherwise as the court directs.  Upon the hearing of
the report the court may remove the custodian or guardian and appoint
another in the legal custodian's or guardian's stead or restore the minor to the custody of the minor's parents
or former guardian or custodian.
(2) A guardian or custodian appointed by the court pursuant to this
Act shall file updated case plans with the court
every 6 months.  Every agency which has
guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by
the court and further order within 18 months of dispositional order and
each 18 months thereafter.  Such petition shall state facts relative to
the child's present condition of physical, mental and emotional health
as well as facts relative to the child's present custodial or foster care.  The
petition shall be set for hearing and the clerk shall mail 10 days
notice of the hearing by certified mail, return receipt requested, to the
person or agency having the physical custody of the child, the minor and
other interested parties unless a written waiver of notice is filed with
the petition.
Rights of wards of the court under this Act are enforceable against
any public agency by complaints for relief by mandamus filed in any
proceedings brought under this Act.
(3) The minor or any person interested in the minor may apply to the
court for a change in custody of the minor and the appointment of a new
custodian or guardian of the person or for the restoration of the minor
to the custody of the minor's parents or former guardian or custodian.
In the event that the minor has attained 18 years of age and the guardian
or custodian petitions the court for an order
terminating the minor's guardianship or custody, guardianship or custody shall
terminate automatically 30 days after the receipt of the petition unless
the court orders otherwise.  No legal custodian or guardian of the
person may be removed without the legal custodian's or guardian's consent until given notice and an
opportunity to be heard by the court.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-27) (from Ch. 37, par. 804-27)
Sec. 4-27. Adoption; appointment of guardian with power to consent.
(1) A ward of the court under this Act, with the consent of the court,
may be the subject of a petition for adoption under the Adoption Act, or with like consent the minor's parent or parents
may, in the manner required by such Act, surrender the minor for adoption
to an agency legally authorized or licensed to place children for adoption.
(2) If the petition prays and the court finds that it is in the best
interests of the minor that a guardian of the person be appointed and
authorized to consent to the adoption of the minor, the court with the
consent of the parents, if living, or after finding, based upon clear
and convincing evidence, that a non-consenting
parent is an unfit person as defined in Section 1 of the Adoption Act, may empower the guardian of the
person of the minor, in the order appointing the person as such guardian, to
appear in court where any proceedings for the adoption of the minor may at
any time be pending and to consent to the adoption. Such consent is
sufficient to authorize the court in the adoption proceedings to enter a
proper order or judgment of adoption without further notice to, or consent
by, the parents of the minor. An order so empowering the guardian to
consent to adoption terminates parental rights, deprives the parents of the
minor of all legal rights as respects the minor and relieves them of all
parental responsibility for the minor, and frees the minor from all
obligations of maintenance and obedience to the minor's natural parents.
If the minor is over 14 years of age, the court may, in its discretion,
consider the wishes of the minor in determining whether the best interests
of the minor would be promoted by the finding of the
unfitness of a non-consenting parent.
(3) Parental consent to the order authorizing the guardian of the person
to consent to adoption of the minor shall be given in open court whenever
possible and otherwise must be in writing and signed in the form provided
in the Adoption Act,
but no names of petitioners for adoption need be included. A finding of the
unfitness of a nonconsenting parent must be made in compliance with that
Act and be based upon clear and convincing evidence.  Provisions of that
Act relating to minor parents and to mentally ill or mentally deficient
parents apply to proceedings under this Section and shall be based upon
clear and convincing evidence.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
Sec. 4-28. 
		Notice to putative father.
1. Upon the written request to any Clerk of any Circuit Court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to the     Clerk an original and one copy of a notice together with an Affidavit setting forth the putative father's last known address. The original notice shall be retained by the Clerk.
(b) The Clerk forthwith shall mail to the putative     father, at the address appearing in the Affidavit, the copy of the notice, certified mail, return receipt requested; the envelope and return receipt shall bear the return address of the Clerk. The receipt for certified mail shall state the name and address of the addressee, and the date of mailing, and shall be attached to the original notice.
(c) The return receipt, when returned to the Clerk,     shall be attached to the original notice, and shall constitute proof of service.
(d) The Clerk shall note the fact of service in a     permanent record.
2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date).  The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
)
)
) No.              )
)
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child.  I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother.  This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
		...........
		(signature)
		Dated (insert date).
Signed and sworn before me on (insert date).
		.................
		(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or
Judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article.  All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
(705 ILCS 405/4-29) (from Ch. 37, par. 804-29)
Sec. 4-29. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect to any minor for whom a
petition was filed after the effective date of this amendatory Act of 1991
automatically terminate upon the minor attaining the age of 19 years, except that
a court may continue the wardship of a minor until age 21 for good cause
when there is satisfactory evidence presented to the court that the best
interest of the minor and the public require the continuation of the wardship.
(2) Whenever the court finds that the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but such termination must be made in compliance with Section 4-26.
(3) The wardship of the minor and any custodianship or guardianship
respecting of the minor for whom a petition was filed after the effective
date of this amendatory Act of 1991 automatically terminates when the minor 
attains the age of 19 years except as set forth in subsection (1) of this
Section.  The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)