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Illinois · Through at least Public Act 104-790

705 ILCS 405/2-27.4: Risk of adverse action assessment and monitoring for minors 8 or older in out-of-state placements.

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Where this section sits in the code
  1. CHAPTER 705 COURTS
  2. Juvenile Court Act of 1987.

(a) Applicability. This Section applies to minors age 8 or older who are placed in out-of-state placements other than residential treatment centers, including youth in college. This does not apply to minors returned to, or remaining in, the custody of their parents.

(b) Court notification. The Department shall submit a written report to the court as required under this subsection, and consistent with Department policy regarding documentation of sensitive identity information, as the term is defined in the Children and Family Services Act no later than: (i) 5 days prior to the Department of Children and Family Services' submission of an Interstate Compact on the Placement of Children request to place a minor; or (ii) 60 days after a minor who is placed out-of-state reaches age 8; or (iii) 10 days prior to the minor moving out-of-state to a placement that does not require an interstate compact; or (iv) within 15 days of the Department approving an out-of-state placement not subject to the Interstate Compact on the Placement of Children, whichever is earlier. The written report to the court shall explain:

(1) the findings of the assessment required under subsection (d) of Section 7.30 of the Children and Family Services Act;

(2) the necessity and justification for the out-of-state placement;

(3) the efforts of the Department of Children and Family Services to identify an appropriate in-state placement;

(4) the anticipated duration of the placement;

(5) the Department's plan for maintaining regular and meaningful contact between the Illinois-based assigned caseworker and the minor as required under subsections (d) and (e) of Section 7.30 of the Children and Family Services Act;

(6) why the Department determined it to be in the minor's best interest to be placed in the identified placement and an affirmative statement of the minor's preferences regarding the placement; and

(7) whether the minor is in need of an attorney in accordance with subsection (d) or (e) of Section 7.30 of the Children and Family Services Act.

(c) In addition to any rights the minor may have under Section 1-5 of this Act, if the minor is not already represented by an attorney, the court shall appoint an attorney for the minor upon notification from the Department that the minor requires appointment of an attorney in accordance with subsection (d) or (e) of Section 7.30 of the Children and Family Services Act.

(d) The provisions of this Section apply on and after January 1, 2028; however, the provisions of subsection (b) apply on and after March 1, 2028 to interstate placements of a youth age 8 or older if the placement occurred before January 1, 2028 and the youth remains in the Department's care on or after January 1, 2028.

Collected 2026-09-15T04:46:40Z. Source file · JSON

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