ILCS » Chapter 325 · Act 5
Illinois Compiled Statutes

325 ILCS 5/5 (2026)

An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if (1) the officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child

✓ current as of May 2026
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(325 ILCS 5/5) (from Ch. 23, par. 2055)
    Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if (1) the officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child.
    Where the physician keeping a child in the physician's custody does so in the physician's capacity as a member of the staff of a hospital or similar institution, the physician shall notify the person in charge of the institution or the designated agent of the person in charge, who shall then become responsible for the further care of such child in the hospital or similar institution under the direction of the Department.
    Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987.
    Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for emergency treatment.
    With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's designee shall be deemed the child's legally authorized representative for purposes of consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmitted Infection Control Act if deemed necessary and appropriate by the Department's Guardianship Administrator or designee.
    Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's designee, or who discloses the results of such tests to the Department's Guardianship Administrator or the Guardianship Administrator's designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed.
(Source: P.A. 103-22, eff. 8-8-23; 103-1049, eff. 8-9-24.)

    
Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 1996–2026 · leading case: Cylinda Scott v. Univ. of Chicago, 107 F.4th 752 (7th Cir. 2024).
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Cylinda Scott v. Univ. of Chicago, 107 F.4th 752 (7th Cir. 2024). · cites it 3× “325 ILCS 5/5 ¶ 1. D. The Parents’ Experiences All three sets of plaintiff parents had similar experiences after refusing the Vitamin K shot on behalf of their newborn children.”
Doe v. Winny, 764 N.E.2d 143 (Ill. App. Ct. 2002). · cites it 4× “325 ILCS 5/5 (West 1996). Under such circumstances, the individual taking custody may consent to the performance of emergency medical treatment upon the child.”
Dupuy, Belinda v. Samuels, Bryan, 465 F.3d 757 (7th Cir. 2006). “If the State of Illinois (1) “has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child’s welfare without endangering the child’s health or safety; and (2) there is not time to apply for a court order.”
Hebein Ex Rel. Berman v. Young, 37 F. Supp. 2d 1035 (N.D. Ill. 1998). “Defendants also rely on the immunities set forth in 325 ILCS 5/5 & 5/9. However, state law immunities do not apply to § 1983 claims.”
Norman v. McDonald, 930 F. Supp. 1219 (N.D. Ill. 1996). “plan or otherwise, a condition that such parents obtain for themselves or their children such shelter, utility services, food, clothing, or income as DCFS deems necessary or appropriate for the return of their children; or (b) for whom there is an "indicated report” or pending…”
Brian Bougher v. Silver Cross Hosp. & Med. Centers (7th Cir. 2024). · cites it 3× “325 ILCS 5/5 ¶ 1. D. The Parents’ Experiences All three sets of plaintiff parents had similar experiences after refusing the Vitamin K shot on behalf of their newborn children.”
Cylinda Scott v. Univ. of Chicago (7th Cir. 2024). · cites it 3× “325 ILCS 5/5 ¶ 1. D. The Parents’ Experiences All three sets of plaintiff parents had similar experiences after refusing the Vitamin K shot on behalf of their newborn children.”
Doe v. Winny (Ill. App. Ct. 2002). · cites it 4× “325 ILCS 5/5 (West 1996). Under such circumstances, the individual taking custody may consent to the performance of emergency medical treatment upon the child.”
People v. Acosta, 2026 IL App (2d) 240364 (Ill. App. Ct. 2026). · cites it 3× “In coordination with a supervisor, a child protection investigator must determine such things as whether to impose temporary protective custody (325 ILCS 5/5 (West 2018)) and whether a case should be “indicated” or “unfounded” based on whether there is “credible evidence” of…”
Dupuy v. Samuels, 462 F. Supp. 2d 859 (N.D. Ill. 2005). · cites it 2× “See Abused and Neglected Child Reporting Act, 325 ILCS 5/5; Juvenile Court Act, 705 ILCS 405/2-7(1), 405/2-8, 405/2-9.”
Munoz v. Bradbury (N.D. Ill. 2024). “for temporary custody of the child,” the state can take the child into “temporary protective custody” with a post-deprivation hearing to be held within 48 hours, 325 ILCS 5/5, without offending the requirements of due process.”
Dupuy, Belinda v. Samuels, Bryan (7th Cir. 2006). “for temporary custody of the child,” the state can take the child into “temporary protec- tive custody” without additional process, 325 ILCS 5/5, but there is a right to a judicial hearing within 48 hours.”
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