Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as Public
soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(705 ILCS 405/2-31)
(from Ch. 37, par. 802-31)
Duration of wardship and discharge of proceedings.
(1) All proceedings under Article II of this Act in respect of any minor
automatically terminate upon his or her attaining the age of 21 years.
(2) Whenever the court determines, and makes written factual findings, that
health, safety, and the best interests of the minor and
the public no longer require the wardship of the court, the court shall
order the wardship terminated and all proceedings under this Act respecting
that minor finally closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship theretofore ordered
but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18 or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public: (A) the minor's wishes regarding case closure; (B) the manner in which the minor will maintain independence without services from the Department; (C) the minor's engagement in services including placement offered by the Department; (D) if the minor is not engaged, the Department's efforts to engage the minor; (E) the nature of communication between the minor and the Department; (F) the minor's involvement in other State systems or services; (G) the minor's connections with family and other community support; and (H) any other factor the court deems relevant. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.
(3) The wardship of the minor and any custodianship or guardianship
respecting the minor for whom a petition was filed after July 24, 1991 (the effective
date of Public Act 87-14) automatically terminates when he
attains the age of 19 years, except as set forth in subsection (1) of this
Section. The clerk of the court shall at that time record all proceedings
under this Act as finally closed and discharged for that reason. The provisions of this subsection (3) become inoperative on and after July 12, 2019 (the effective date of Public Act 101-78).
(4) Notwithstanding any provision of law to the contrary, the changes made by Public Act 101-78 apply to all cases that are pending on or after July 12, 2019 (the effective date of Public Act 101-78).
(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)