Illinois Compiled Statutes
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705 ILCS 405/4-25
(705 ILCS 405/4-25)
(from Ch. 37, par. 804-25)
Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian or legal custodian
of a minor adjudged a ward of the court are unfit or are unable, for
some reason other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do so, and that
appropriate services aimed at family preservation and family reunification
have been unsuccessful in rectifying the conditions which have led to
a finding of unfitness or inability to care for, protect, train or
discipline the minor, and that it is in the best interest of the minor to
take him from the custody of his parents, guardian or custodian, the court may:
(a) place him in the custody of a suitable relative
(b) place him under the guardianship of a probation
(c) commit him to an agency for care or placement,
except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
(d) commit him to some licensed training school or
(e) commit him to any appropriate institution having
among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Corrections or of the Department of Children and Family Services.
(2) When making such placement, the court, wherever possible, shall
select a person holding the same religious belief as that of the minor
or a private agency controlled by persons of like religious faith of the
minor and shall require the Department of Children and Family Services to
otherwise comply with Section 7 of the Children and Family Services Act in
placing the child. In addition, whenever alternative plans for placement are
available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or other person,
the court shall appoint him the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise provided by order
of the court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon him in accordance with
Section 4-27. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place him in any child care
facility, but such facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and Family Services
as meeting the standards established for such licensing. After June 30,
1981, no agency may place a minor, if the minor is under age 13, in a child
care facility unless such placement is in compliance with the rules and
regulations for placement under Section 4-25 of this Act promulgated by the
Department of Children and Family Services under Section 5 of the
Children and Family Services Act. Like authority and restrictions shall be
conferred by the court upon any probation officer who has been appointed
guardian of the person of a minor.
(4) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children.
(5) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of his authority. No other process is necessary as authority for the
keeping of the minor.
(6) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age of 19
years except as set forth in Section 4-29.
(Source: P.A. 89-422.)