UNIT III - MINORS REQUIRING AUTHORITATIVE INTERVENTION ARTICLE III - 705 ILCS 405/3)
G. Setting of the Shelter Care Hearing (705 ILCS 405/3-11): Any minor taken into custody must be brought before a judicial officer within 48 hours, not including Saturdays, Sundays, and court-designated holidays, for a Shelter Care Hearing to determine if he/she should be further held in custody.
If the court rules that there is not probable cause to believe a minor is a MRAI, then the court will release the minor.
If the court finds that there is probable cause to believe a minor is a MRAI, then the court will release the minor upon request of the parent or guardian and require the parent or guardian to cooperate with the Illinois Department of Children and Family Services.
The court may prescribe shelter care if it finds it a matter of immediate and urgent necessity for the protection of the minor or the minor is considered likely to flee. Otherwise, it will release the minor from custody.
If shelter care is prescribed, the minor will be placed in a shelter care facility and will not be returned to the parent, custodian, or guardian until the court finds that shelter placement is no longer necessary for the protection of the minor.
