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| Public Act 101-0146 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 2-15 as follows:
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(705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
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Sec. 2-15. Summons.
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(1) When a petition is filed, the clerk of the court
shall | ||||
issue a summons with a copy of the petition attached. The | ||||
summons
shall be directed to the minor's legal guardian or | ||||
custodian and to each person
named as a respondent in the | ||||
petition, except that summons need not be
directed to a minor | ||||
respondent under 8 years of age for whom the court
appoints a | ||||
guardian ad litem if the guardian ad litem appears on behalf of
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the minor in any proceeding under this Act.
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(2) The summons must contain a statement that the minor or | ||||
any of the
respondents is entitled to have an attorney present | ||||
at the hearing on the
petition, and that the clerk of the court | ||||
should be notified promptly if
the minor or any other | ||||
respondent desires to be represented by an attorney
but is | ||||
financially unable to employ counsel.
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(3) The summons shall be issued under the seal of the | ||||
court, attested in
and signed with the name of the clerk of the | ||||
court, dated on the day it is
issued, and shall require each | ||
respondent to appear and answer the petition
on the date set | ||
for the adjudicatory hearing.
The summons shall contain a | ||
notice that the parties will not be entitled to
further written | ||
notices or publication notices of proceedings in this case,
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including the filing of an amended petition or a motion to | ||
terminate parental
rights, except as required by Supreme Court | ||
Rule 11.
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(4) The summons may be served by any county sheriff, | ||
coroner or
probation officer, even though the officer is the | ||
petitioner. The return of
the summons with endorsement of | ||
service by the officer is sufficient proof
thereof.
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(5) Service of a summons and petition shall be made by: (a) | ||
leaving a
copy thereof with the person summoned at least 3 days | ||
before the time
stated therein for appearance; (b) leaving a | ||
copy at his or her usual place
of abode with some person of the | ||
family or a person residing there, of the age of 10 years or | ||
upwards,
and informing that person of the contents thereof, | ||
provided the officer or
other person making service shall also | ||
send a copy of the summons in a
sealed envelope with postage | ||
fully prepaid, addressed to the person
summoned at his usual | ||
place of abode, at least 3 days before the time
stated therein | ||
for appearance; or (c) leaving a copy thereof with the
guardian | ||
or custodian of a minor, at least 3 days before the time stated
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therein for appearance. If the guardian or custodian is an | ||
agency of the
State of Illinois, proper service may be made by | ||
leaving a copy of the
summons and petition with any | ||
administrative employee of such agency
designated by such | ||
agency to accept service of summons and petitions.
The | ||
certificate of the officer or affidavit of the person that he | ||
has sent
the copy pursuant to this Section is sufficient proof | ||
of service.
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(6) When a parent or other person, who has signed a written | ||
promise to
appear and bring the minor to court or who has | ||
waived or acknowledged service,
fails to appear with the minor | ||
on the date set by the court, a
bench warrant may be issued for | ||
the parent or other person, the minor, or both.
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(7) The appearance of the minor's legal guardian or | ||
custodian, or a
person named as a respondent in a petition, in | ||
any proceeding under this
Act shall constitute a waiver of | ||
service of summons and submission to the
jurisdiction of the | ||
court, except that the filing of a motion
authorized under | ||
Section 2-301 of the Code of Civil Procedure does not
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constitute an appearance under this subsection. A copy of the | ||
summons and
petition shall be provided to the person at the | ||
time of his appearance.
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(8) Notice to a parent who has appeared or been served with | ||
summons
personally or by certified mail, and for whom an order | ||
of default has been
entered on the petition for wardship and | ||
has not been set aside shall be
provided in accordance with | ||
Supreme Court Rule 11. Notice to a parent who was
served by | ||
publication and for whom an order of default has been entered | ||
on the
petition for wardship and has not been set aside shall | ||
be provided in
accordance with this Section and Section 2-16.
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(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608, | ||
eff.
6-30-98; 91-145, eff. 1-1-00.)
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