Illinois Compiled Statutes
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705 ILCS 405/2-16
(705 ILCS 405/2-16)
(from Ch. 37, par. 802-16)
Notice by certified mail or publication.
(1) If service on individuals as provided in Section 2-15 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) Where a respondent's
usual place of abode is not known, a diligent inquiry shall be made to
ascertain the respondent's current and last known address. The Department of
Children and Family Services shall adopt rules defining the requirements for
conducting a diligent search to locate parents of minors in the custody of the
Department. If, after diligent inquiry made at any time within the preceding
12 months, the usual place of abode cannot be reasonably ascertained, or if
respondent is concealing his or her whereabouts to avoid service of process,
petitioner's attorney shall file an affidavit at the office of the clerk of
court in which the action is pending showing that respondent on due inquiry
cannot be found or is concealing his or her whereabouts so that process
cannot be served. The affidavit shall state the last known address of the
respondent. The affidavit shall also state what efforts were made to
effectuate service. Within 3 days of receipt of the affidavit, the clerk shall
issue publication service as provided below. The clerk shall also send a copy
thereof by mail addressed to each respondent listed in the affidavit at his or
her last known address. 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 2-10
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
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 (insert date)
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, TO TERMINATE YOUR PARENTAL RIGHTS, AND TO APPOINT A
GUARDIAN WITH POWER TO CONSENT TO ADOPTION. YOU MAY LOSE ALL PARENTAL RIGHTS
TO YOUR CHILD. IF THE PETITION REQUESTS THE TERMINATION OF YOUR PARENTAL
RIGHTS AND THE APPOINTMENT OF A GUARDIAN WITH POWER TO CONSENT TO ADOPTION,
YOU MAY LOSE ALL PARENTAL RIGHTS TO THE CHILD.
Unless you appear you will not be entitled to further written notices or
publication notices of the proceedings in this case, including the filing
of an amended petition or a motion to terminate parental rights.
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.
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 his or her last known address. The certificate
of the clerk that he or she 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 parent, guardian or legal custodian in the case of a minor
described in Section 2-3 or 2-4.
(4) If it becomes necessary to change the date set for the hearing
in order to comply with Section 2-14 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.
(5) 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 2-15.
(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, eff.
6-30-98; 91-357, eff. 7-29-99.)