Illinois Compiled Statutes
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705 ILCS 405/1-2
(705 ILCS 405/1-2)
(from Ch. 37, par. 801-2)
Purpose and policy.
(1) The purpose of this Act is to secure for each minor subject hereto
such care and guidance, preferably in his or her own home, as will serve
the safety and moral, emotional, mental, and physical
welfare of the minor and the best interests of the community; to preserve
and strengthen the minor's family ties whenever possible, removing him or
her from the custody of his or her parents only when his or her safety or
welfare or the protection of the public cannot be adequately safeguarded
if the child is removed from the custody of his or her parent, the Department
of Children and Family Services immediately shall consider concurrent planning,
as described in Section 5 of the Children and Family Services Act so that
permanency may occur at the earliest opportunity; consideration should be given
so that if reunification fails or is delayed, the placement made is
the best available placement to provide permanency for the child;
and, when the minor is removed from his or her own family,
to secure for him or her custody, care and discipline as nearly as possible
equivalent to that which should be given by his or her parents, and in
cases where it should and can properly be done to place the minor in a
family home so that he or she may become a member of the family by legal
adoption or otherwise. Provided that a ground for unfitness under the Adoption
Act can be met, it may be appropriate to expedite termination of parental
(a) when reasonable efforts are inappropriate, or
have been provided and were unsuccessful, and there are aggravating circumstances including, but not limited to, those cases in which (i) the child or another child of that child's parent was (A) abandoned, (B) tortured, or (C) chronically abused or (ii) the parent is criminally convicted of (A) first degree murder or second degree murder of any child, (B) attempt or conspiracy to commit first degree murder or second degree murder of any child, (C) solicitation to commit murder, solicitation to commit murder for hire, solicitation to commit second degree murder of any child, or aggravated assault in violation of subdivision (a)(13) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, or (D) aggravated criminal sexual assault in violation of Section 11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of 1961 or the Criminal Code of 2012; or
(b) when the parental rights of a parent with respect
to another child of the parent have been involuntarily terminated; or
(c) in those extreme cases in which the parent's
incapacity to care for the child, combined with an extremely poor prognosis for treatment or rehabilitation, justifies expedited termination of parental rights.
(2) In all proceedings under this Act the court may direct the
course thereof so as promptly to ascertain the jurisdictional facts and
fully to gather information bearing upon the current condition and
future welfare of persons subject to this Act. This Act shall be
administered in a spirit of humane concern, not only for the rights of
the parties, but also for the fears and the limits of understanding of
all who appear before the court.
(3) In all procedures under this Act, the following shall apply:
(a) The procedural rights assured to the minor shall
be the rights of adults unless specifically precluded by laws which enhance the protection of such minors.
(b) Every child has a right to services necessary to
his or her safety and proper development, including health, education and social services.
(c) The parents' right to the custody of their child
shall not prevail when the court determines that it is contrary to the health, safety, and best interests of the child.
(4) This Act shall be liberally construed to carry out the foregoing
purpose and policy.
(Source: P.A. 97-1150, eff. 1-25-13.)