UNIT III - MINORS REQUIRING AUTHORITATIVE INTERVENTION ARTICLE III - 705 ILCS 405/3)
K. Truant minors in need of supervision (705 ILCS 405/3-33.5): This Section allows law enforcement officers to deal with minors who are chronically truant from school. A truant minor in need of supervision is defined as a minor who is reported by the office of the regional superintendent of schools, or, in cities of over 500,000 inhabitants, by the Office of Chronic Truant Adjudication, as a chronic truant may be subject to a petition for adjudication and adjudged a truant minor in need of supervision, provided that prior to the filing of the petition, the office of the regional superintendent of schools, the Office of Chronic Truant Adjudication, or a community truancy review board certifies that the local school has provided appropriate truancy intervention services to the truant minor and his or her family.
For purposes of this Section, “truancy intervention services” means services designed to assist the minor’s return to an educational program, and includes but is not limited to: assessments, counseling, mental health services, shelter, optional and alternative education programs, tutoring, and educational advocacy. If, after review by the regional office of education, the Office of Chronic Truant Adjudication, or community truancy review board it is determined the local school did not provide the appropriate interventions, then the minor shall be referred to a comprehensive community based youth service agency for truancy intervention services. If the comprehensive community based youth service agency is incapable to provide intervention services, then this requirement for services is not applicable. The comprehensive community based youth service agency shall submit reports to the office of the regional superintendent of schools, the Office of Chronic Truant Adjudication, or truancy review board within 20, 40, and 80 school days of the initial referral or at any other time requested by the office of the regional superintendent of schools, the Office of Chronic Truant Adjudication, or truancy review board, which reports each shall certify the date of the minor’s referral and the extend of the minor’s progress and participation in truancy intervention services provided by the comprehensive community based youth service agency.
In addition, if, after referral by the office of the regional superintendent of schools, the Office of Chronic Truancy Adjudication, or community truancy review board, the minor declines or refuses to fully participate in truancy intervention services provided by the comprehensive community based you service agency, then the agency shall immediately certify such facts to the office of the regional superintendent of schools, the Office of Chronic Truant Adjudication, or community truancy review board.
A minor who is reported by the office of the regional superintendent of schools or the Office of Chronic Truant Adjudication (in cities with populations over 500,000) as a chronic truant will be found to be a truant minor in need of supervision when:
- There is rebuttal presumption that a chronic truant is a truant minor in need of supervision.
- There is rebuttal presumption that the school records of a minor's attendance at school are authentic.
