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| | HB2430 | - 2 - | LRB098 08713 RLC 38837 b |
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1 | | believe that the
minor is a
delinquent minor, the minor, his or |
2 | | her parent, guardian, custodian and other
persons able to give |
3 | | relevant testimony may be examined before the court. The
court |
4 | | may also consider any evidence by way of proffer based upon |
5 | | reliable
information offered by the State or the minor. All |
6 | | evidence, including
affidavits, shall be admissible if it is |
7 | | relevant and reliable regardless of
whether it would be |
8 | | admissible under the rules of evidence applicable at trial.
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9 | | After such evidence is presented, the court may enter an order |
10 | | that the minor
shall be released upon the request of a parent, |
11 | | guardian or legal custodian if
the parent, guardian or |
12 | | custodian appears to take custody.
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13 | | If the court finds that it is a matter of immediate and |
14 | | urgent necessity for
the protection of the minor or of the |
15 | | person or property of another that the
minor be detained or |
16 | | placed in a
shelter care facility or that he or she is likely |
17 | | to flee the jurisdiction of
the court, the court may prescribe |
18 | | detention or shelter care and order that the
minor be kept in a |
19 | | suitable place designated by the court or in a shelter care
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20 | | facility designated by the Department of Children and Family |
21 | | Services or a
licensed child welfare agency; otherwise it shall |
22 | | release the minor from
custody. If the court prescribes shelter |
23 | | care, then in placing the minor, the
Department or other agency |
24 | | shall, to the extent compatible with the court's
order, comply |
25 | | with Section 7 of the Children and Family Services Act. In
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26 | | making the determination of the existence of immediate and |
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1 | | urgent necessity,
the court shall consider among other matters: |
2 | | (a) the nature and seriousness of
the alleged offense; (b) the |
3 | | minor's record of delinquency offenses,
including whether the |
4 | | minor has delinquency cases pending; (c) the minor's
record of |
5 | | willful failure to appear following the issuance of a summons |
6 | | or
warrant; (d) the availability of non-custodial |
7 | | alternatives, including the
presence of a parent, guardian or |
8 | | other responsible relative able and willing
to provide |
9 | | supervision and care for the minor and to assure his or her
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10 | | compliance with a summons. If the minor is ordered placed in a |
11 | | shelter care
facility of a licensed child welfare agency, the |
12 | | court shall, upon request of
the agency, appoint the |
13 | | appropriate agency executive temporary custodian of the
minor |
14 | | and the court may enter such other orders related to the |
15 | | temporary
custody of the minor as it deems fit and proper.
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16 | | The order together with the court's findings of fact in |
17 | | support of the order
shall
be entered
of record in the court.
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18 | | Once the court finds that it is a matter of immediate and |
19 | | urgent necessity
for the protection of the minor that the minor |
20 | | be placed in a shelter care
facility, the minor shall not be |
21 | | returned to the parent, custodian or guardian
until the court |
22 | | finds that the placement is no longer necessary for the
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23 | | protection of the minor.
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24 | | (3) Only when there is reasonable cause to believe that the |
25 | | minor taken
into custody is a delinquent minor may the minor be |
26 | | kept or detained in a
facility authorized for juvenile |
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1 | | detention. This Section shall in no way be
construed to limit
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2 | | subsection (4).
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3 | | (4) Minors 12 years of age or older must be kept separate |
4 | | from confined
adults and may not at any time be kept in the |
5 | | same cell, room or yard with
confined adults. This paragraph |
6 | | (4):
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7 | | (a) shall only apply to confinement pending an |
8 | | adjudicatory hearing
and
shall not exceed 40 hours, |
9 | | excluding Saturdays, Sundays, and court designated
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10 | | holidays. To accept or hold minors during this time period, |
11 | | county jails shall
comply with all monitoring standards for |
12 | | juvenile detention homes promulgated
by the Department of |
13 | | Corrections and training standards approved by the
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14 | | Illinois Law Enforcement Training Standards Board.
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15 | | (b) To accept or hold minors, 12 years of age or older, |
16 | | after the time
period prescribed in clause (a) of |
17 | | subsection (4) of this Section but not
exceeding 7
days |
18 | | including Saturdays, Sundays, and holidays, pending an |
19 | | adjudicatory
hearing, county jails shall comply with all |
20 | | temporary detention standards
promulgated by
the |
21 | | Department of Corrections and training standards approved |
22 | | by the Illinois
Law Enforcement Training Standards Board.
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23 | | (c) To accept or hold minors 12 years of age or older, |
24 | | after the time
period prescribed in clause (a) and (b), of |
25 | | this subsection county jails shall
comply with all |
26 | | programmatic and training standards for juvenile detention
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1 | | homes promulgated by the Department of Corrections.
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2 | | (5) If the minor is not brought before a judicial officer |
3 | | within the time
period as specified in Section 5-415 the minor |
4 | | must immediately be released
from
custody.
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5 | | (6) If neither the parent, guardian or legal custodian |
6 | | appears within 24
hours to take custody of a minor released |
7 | | from detention or shelter care, then
the clerk of the court |
8 | | shall set the matter for rehearing not later than 7 days
after |
9 | | the original order and shall issue a summons directed to the |
10 | | parent,
guardian or legal custodian to appear. At the same time |
11 | | the probation
department shall prepare a report on the minor. |
12 | | If a parent, guardian or legal
custodian does not appear at |
13 | | such rehearing, the judge may enter an order
prescribing that |
14 | | the minor be kept in a suitable place designated by the
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15 | | Department of Human Services or a licensed child welfare |
16 | | agency.
The time during which a minor is in custody after being |
17 | | released upon the
request of a parent, guardian or legal |
18 | | custodian shall be considered as time
spent in detention for |
19 | | purposes of scheduling the trial.
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20 | | (7) Any party, including the State, the temporary |
21 | | custodian, an agency
providing services to the minor or family |
22 | | under a service plan pursuant to
Section 8.2 of the Abused and |
23 | | Neglected Child Reporting Act, foster parent, or
any of their |
24 | | representatives, may file a
motion to modify or vacate a |
25 | | temporary custody order or vacate a detention or
shelter care |
26 | | order on any of the following grounds:
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1 | | (a) It is no longer a matter of immediate and urgent |
2 | | necessity that the
minor remain in detention or shelter |
3 | | care; or
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4 | | (b) There is a material change in the circumstances of |
5 | | the natural family
from which the minor was removed; or
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6 | | (c) A person, including a parent, relative or legal |
7 | | guardian, is capable
of assuming temporary custody of the |
8 | | minor; or
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9 | | (d) Services provided by the Department of Children and |
10 | | Family Services
or a
child welfare agency or other service |
11 | | provider have been successful in
eliminating the need for |
12 | | temporary custody.
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13 | | The clerk shall set the matter for hearing not later than |
14 | | 14 days after such
motion is filed. In the event that the court |
15 | | modifies or vacates a temporary
order but does not vacate its |
16 | | finding of probable cause, the court may order
that appropriate |
17 | | services be continued or initiated in behalf of the minor and
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18 | | his or her family.
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19 | | (8) Whenever a petition has been filed under Section 5-520 |
20 | | the court can,
at
any time prior to trial or sentencing, order |
21 | | that the minor be placed in
detention or a shelter care |
22 | | facility after the court conducts a hearing and
finds that the |
23 | | conduct and behavior of the minor may endanger the health,
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24 | | person, welfare, or property of himself or others or that the |
25 | | circumstances
of his or her home environment may endanger his |
26 | | or her health, person, welfare
or property.
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