Chapter 705 — COURTS

(705 ILCS 405/4-16) (from Ch. 37, par. 804-16) 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 alleg…

(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 proceed…

(705 ILCS 405/4-18) (from Ch. 37, par. 804-18) 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 a…

(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 …

(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 init…

(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 …

(705 ILCS 405/4-21) (from Ch. 37, par. 804-21) 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) pl…

(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 custo…

(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…

(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 the…

(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 circumsta…

(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 lega…

(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…

(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 …

(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 up…

(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 t…

(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 mi…

(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 facil…

(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…

(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, a…

(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 …

(705 ILCS 405/5-1) (from Ch. 37, par. 805-1) Sec. 5-1. (Repealed). (Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-10) (from Ch. 37, par. 805-10) Sec. 5-10. (Repealed). (Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-10.5) Sec. 5-10.5. (Repealed). (Source: P.A. 89-8, eff. 7-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-101) Sec. 5-101. Purpose and policy. (1) It is the intent of the General Assembly to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for violations of la…

(705 ILCS 405/5-105) Sec. 5-105. Definitions. As used in this Article: (1) "Aftercare release" means the conditional and revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Jus…

(705 ILCS 405/5-11) (from Ch. 37, par. 805-11) Sec. 5-11. (Repealed). (Source: P.A. 85-1209. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-110) Sec. 5-110. Parental responsibility. This Article recognizes the critical role families play in the rehabilitation of delinquent juveniles. Parents, guardians and legal custodians shall participate in the assessment and treatment of juveniles by assisting the…

(705 ILCS 405/5-115) Sec. 5-115. Rights of victims. In all proceedings under this Article, victims shall have the same rights of victims in criminal proceedings as provided in the Bill of Rights for Children and the Rights of Crime Victims and Witnesses Act. (Source: P.A. 90-590,…

(705 ILCS 405/5-12) (from Ch. 37, par. 805-12) Sec. 5-12. (Repealed). (Source: P.A. 89-198, eff. 7-21-95. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-120) Sec. 5-120. Exclusive jurisdiction. Proceedings may be instituted under the provisions of this Article concerning any minor who prior to the minor's 18th birthday has violated or attempted to violate an Illinois State, county, or municipal law or ordinance. E…

(705 ILCS 405/5-121) Sec. 5-121. (Repealed). (Source: P.A. 95-1031, eff. 2-10-09. Repealed by P.A. 96-1199, eff. 1-1-11.)

(705 ILCS 405/5-125) Sec. 5-125. Concurrent jurisdiction. Any minor alleged to have violated a traffic law, a conservation offense, or a municipal or county ordinance, may be prosecuted for the violation and if found guilty punished under any statute or ordinance relating to the …

(705 ILCS 405/5-13) (from Ch. 37, par. 805-13) Sec. 5-13. (Repealed). (Source: P.A. 85-1209. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-130) Sec. 5-130. Excluded jurisdiction. (1)(a) The definition of delinquent minor under Section 5-120 of this Article shall not apply to any minor who at the time of an offense was at least 16 years of age and who is charged with: (i) first degree murder, (ii) agg…

(705 ILCS 405/5-135) Sec. 5-135. Venue. (1) If the offense is committed either wholly or partly within the State of Illinois, venue under this Article lies in the county where the minor resides, where the alleged violation or attempted violation of State law or county or municipa…

(705 ILCS 405/5-14) (from Ch. 37, par. 805-14) Sec. 5-14. (Repealed). (Source: P.A. 88-680, eff. 1-1-95. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-140) Sec. 5-140. Legislative findings. (a) The General Assembly finds that a substantial and disproportionate amount of serious crime is committed by a relatively small number of juvenile offenders, otherwise known as serious habitual offenders. By this amendatory…

(705 ILCS 405/5-145) Sec. 5-145. Cooperation of agencies; Serious Habitual Offender Comprehensive Action Program. (a) The Serious Habitual Offender Comprehensive Action Program (SHOCAP) is a multi-disciplinary interagency case management and information sharing system that enable…

(705 ILCS 405/5-15) (from Ch. 37, par. 805-15) Sec. 5-15. (Repealed). (Source: P.A. 86-441. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-150) Sec. 5-150. Admissibility of evidence and adjudications in other proceedings. (1) Evidence and adjudications in proceedings under this Act shall be admissible: (a) in subsequent proceedings under this Act concerning the same minor; or (b) in criminal proceedi…

(705 ILCS 405/5-155) Sec. 5-155. Any weapon in possession of a minor found to be a delinquent under Section 5-105 for an offense involving the use of a weapon or for being in possession of a weapon during the commission of an offense shall be confiscated and disposed of by the ju…

(705 ILCS 405/5-16) (from Ch. 37, par. 805-16) Sec. 5-16. (Repealed). (Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-160) Sec. 5-160. Liability for injury, loss, or tortious acts. Neither the State or any unit of local government, probation department, or public or community service program or site, nor any official, volunteer, or employee of the State or a unit of local governm…

(705 ILCS 405/5-165) Sec. 5-165. Minor as employee. No minor assigned to a public or community service program by either a court or an authorized diversion program is considered an employee for any purpose, nor is the county board obligated to provide compensation to the minor. (…

(705 ILCS 405/5-17) (from Ch. 37, par. 805-17) Sec. 5-17. (Repealed). (Source: P.A. 85-601. Repealed by P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-170) Sec. 5-170. Representation by counsel. (a) In a proceeding under this Article, a minor who was under 15 years of age at the time of the commission of an act that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.…

(705 ILCS 405/5-175) Sec. 5-175. Minor accused of status offense or misdemeanor. It is an affirmative defense to any status or misdemeanor offense that would not be illegal if committed by an adult that a minor who is a victim of an offense defined in Section 10-9 of the Criminal…

(705 ILCS 405/5-18) (from Ch. 37, par. 805-18) Sec. 5-18. (Repealed). (Source: P.A. 86-1475. Repealed by P.A. 90-590, eff. 1-1-99.)