UNIT II - ABUSED, NEGLECTED, OR DEPENDENT MINORS (ARTICLE II, 705 ILCS 405/2)

G. Temporary Custody (705 ILCS 405/2-7): As defined in Section 2-7, temporary custody is defined as the temporary placement of a minor out of the custody of his or her guardian or parent and includes the following two options:

Temporary protective custody within a hospital, other medical facility or place previously designated by the Department of Children and Family Services, subject to review by the court, including licensed foster homes, group homes or other institutions. Temporary protective custody placement shall not be a jail or other place for detention of criminal juvenile offenders.

Shelter care means a physically unrestrictive, non-secured facility designated by the Department of Children and Family Services or a licensed child welfare agency, or other suitable place designated by the court for a minor requiring care away from his or her home.

When a child is delivered to the court or a place designated by the court, the court will designate a public officer to immediately investigate the circumstances of the minor and the facts surrounding his/her being taken into custody. The minor shall be immediately released to the custody of his/her parent, guardian, or responsible relative unless the probation officer or other public officer designated by the court finds that further temporary protective custody is necessary.

As is explained in Section 2-9, a temporary custody hearing will be held within 48 hours (not including Saturdays, Sundays, or court holidays) of a minor being taken into temporary custody. If the minor is not brought before the judicial officer within this 48-hour period, he or she must be released from temporary protective custody.

If, during the temporary custody hearing, the court finds that there is not probable cause to believe that the minor is abused, neglected or dependent, the court shall release the minor and dismiss the petition.

On the other hand, if the court finds there is probable cause to believe the minor is abused, neglected or dependent, the court will state in writing the factual basis supporting the allegations of the petition. The minor, his or her parent or guardian, and any other person able to give relevant testimony will be examined by the court.

After this testimony, the court may, consistent with the health, safety, and best interest of the minor, enter an order that the minor be released upon request of the parent or guardian.

If it is consistent with the health, safety, and best interests of the minor, the court may also prescribe shelter care and order that the minor be kept in a suitable place designated by the court or in a shelter care facility designated by the Department of Children and Family Services or a licensed child welfare agency.

Once the court finds shelter care a matter of immediate and urgent necessity for the protection of the minor, he or she shall not be returned to the parent, custodian or guardian until the court finds that such placement is no longer necessary for the protection of the minor.

Whenever a minor is placed in shelter care with the Department of Children and Family Services or a licensed child welfare agency, the Department or agency must prepare and file a case plan with the court within 45 days of the placement of the minor. This case plan will indicate what care is consistent with the best interests of the minor.