Illinois Compiled Statutes
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705 ILCS 405/2-15
(705 ILCS 405/2-15)
(from Ch. 37, par. 802-15)
(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 in
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.
The summons shall contain a notice that the parties will not be entitled to
further written notices or publication notices of proceedings in this case,
including the filing of an amended petition or a motion to terminate parental
rights, except as required by Supreme Court Rule 11.
(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
(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 or her usual place
of abode with some person of the family or a person residing there, of the age of 10 years or upwards,
and informing that person of the contents thereof, provided 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, except that the filing of a motion
authorized under Section 2-301 of the Code of Civil Procedure does not
constitute an appearance under this subsection. A copy of the summons and
petition shall be provided to the person at the time of his appearance.
(8) Notice to a parent who has appeared or been served with summons
personally or by certified mail, and for whom an order of default has been
entered on the petition for wardship and has not been set aside shall be
provided in accordance with Supreme Court Rule 11. Notice to a parent who was
served by publication and for whom an order of default has been entered on the
petition for wardship and has not been set aside shall be provided in
accordance with this Section and Section 2-16.
(Source: P.A. 101-146, eff. 1-1-20