UNIT IV - ADDICTED MINORS (ARTICLE 4 - 705 ILCS 405/4)
D. Setting of Shelter (705 ILCS 405/4-8): Unless released sooner, a minor who is alleged to be addicted and is taken into temporary protective custody must be brought before a judicial officer within 48 hours, not including Saturdays, Sundays and holidays.
E. Shelter Care Hearing (705 ILCS 405/4-9): Determines whether or not there is probable cause to believe that a minor is addicted. If the court finds there is no probable cause, the minor will be released and the court will dismiss the petition.
If the court finds that there is probable cause to believe that a minor is addicted, it may enter an order that the minor be released upon the request of a parent of guardian. It may order a complete evaluation by a agency licensed by the Illinois Department of Human Services (successors to the Department of Alcoholism and Substance Abuse). The court may order the minor to complete any treatment plan recommended by the agency.
If the court finds it an immediate and urgent necessity for the protection and the well-being of the minor that the minor be taken and held into custody in a shelter care facility, the minor shall not be returned to the parent or guardian until the court finds that such placement is no longer necessary for the protection of the minor.
