ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/2-13 (2026)

Petition

✓ current as of May 2026
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(705 ILCS 405/2-13) (from Ch. 37, par. 802-13)
    Sec. 2-13. Petition.
    (1) Any adult person, any agency or association by its representative may file, or the court on its own motion, consistent with the health, safety and best interests of the minor may direct the filing through the State's Attorney of a petition in respect of a minor under this Act. The petition and all subsequent court documents shall be entitled "In the interest of ...., a minor".
    (2) The petition shall be verified but the statements may be made upon information and belief. It shall allege that the minor is abused, neglected, or dependent, with citations to the appropriate provisions of this Act, and set forth (a) facts sufficient to bring the minor under Section 2-3 or 2-4 and to inform respondents of the cause of action, including, but not limited to, a plain and concise statement of the factual allegations that form the basis for the filing of the petition; (b) the name, age and residence of the minor; (c) the names and residences of the minor's parents; (d) the name and residence of the minor's legal guardian or the person or persons having custody or control of the minor, or of the nearest known relative if no parent or guardian can be found; and (e) if the minor upon whose behalf the petition is brought is sheltered in custody, the date on which such temporary custody was ordered by the court or the date set for a temporary custody hearing. If any of the facts herein required are not known by the petitioner, the petition shall so state.
    (3) The petition must allege that it is in the best interests of the minor and of the public that the minor be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection.
    (4) If termination of parental rights and appointment of a guardian of the person with power to consent to adoption of the minor under Section 2-29 is sought, the petition shall so state. If the petition includes this request, the prayer for relief shall clearly and obviously state that the parents could permanently lose their rights as a parent at this hearing.
    In addition to the foregoing, the petitioner, by motion, may request the termination of parental rights and appointment of a guardian of the person with power to consent to adoption of the minor under Section 2-29 at any time after the entry of a dispositional order under Section 2-22.
    (4.5) (a) Unless good cause exists that filing a petition to terminate parental rights is contrary to the child's best interests, with respect to any minors committed to its care pursuant to this Act, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under Section 2-29 if:
        (i) a minor has been in foster care, as described in
    
subsection (b), for 15 months of the most recent 22 months; or
        (ii) a minor under the age of 2 years has been
    
previously determined to be abandoned at an adjudicatory hearing; or
        (iii) the parent is criminally convicted of:
            (A) first degree murder or second degree murder
        
of any child;
            (B) attempt or conspiracy to commit first degree
        
murder or second degree murder of any child;
            (C) solicitation to commit murder of any child,
        
solicitation to commit murder for hire of any child, or solicitation to commit second degree murder of any child;
            (D) aggravated battery, aggravated battery of a
        
child, or felony domestic battery, any of which has resulted in serious injury to the minor or a sibling of the minor;
            (E) predatory criminal sexual assault of a child;
            (E-5) aggravated criminal sexual assault;
            (E-10) criminal sexual abuse in violation of
        
subsection (a) of Section 11-1.50 of the Criminal Code of 1961 or the Criminal Code of 2012;
            (E-15) sexual exploitation of a child;
            (E-20) permitting sexual abuse of a child;
            (E-25) criminal sexual assault; or
            (F) an offense in any other state the elements of
        
which are similar and bear a substantial relationship to any of the foregoing offenses.
    (a-1) For purposes of this subsection (4.5), good cause exists in the following circumstances:
        (i) the child is being cared for by a relative,
        (ii) the Department has documented in the case plan a
    
compelling reason for determining that filing such petition would not be in the best interests of the child,
        (iii) the court has found within the preceding 12
    
months that the Department has failed to make reasonable efforts to reunify the child and family,
        (iv) the parent is incarcerated, or the parent's
    
prior incarceration is a significant factor in why the child has been in foster care for 15 months out of any 22-month period, the parent maintains a meaningful role in the child's life, and the Department has not documented another reason why it would otherwise be appropriate to file a petition to terminate parental rights pursuant to this Section and the Adoption Act. The assessment of whether an incarcerated parent maintains a meaningful role in the child's life may include consideration of the following:
            (A) the child's best interest;
            (B) the parent's expressions or acts of
        
manifesting concern for the child, such as letters, telephone calls, visits, and other forms of communication with the child and the impact of the communication on the child;
            (C) the parent's efforts to communicate with and
        
work with the Department for the purpose of complying with the service plan and repairing, maintaining, or building the parent-child relationship; or
            (D) limitations in the parent's access to family
        
support programs, therapeutic services, visiting opportunities, telephone and mail services, and meaningful participation in court proceedings, or
        (v) the Department has not yet met with the child's
    
caregiver to discuss the permanency goals of guardianship and adoption.
    (b) For purposes of this subsection, the date of entering foster care is defined as the earlier of:
        (1) The date of a judicial finding at an adjudicatory
    
hearing that the child is an abused, neglected, or dependent minor; or
        (2) 60 days after the date on which the child is
    
removed from the child's parent, guardian, or legal custodian.
    (c) (Blank).
    (d) (Blank).
    (5) The court shall liberally allow the petitioner to amend the petition to set forth a cause of action or to add, amend, or supplement factual allegations that form the basis for a cause of action up until 14 days before the adjudicatory hearing. The petitioner may amend the petition after that date and prior to the adjudicatory hearing if the court grants leave to amend upon a showing of good cause. The court may allow amendment of the petition to conform with the evidence at any time prior to ruling. In all cases in which the court has granted leave to amend based on new evidence or new allegations, the court shall permit the respondent an adequate opportunity to prepare a defense to the amended petition.
    (6) At any time before dismissal of the petition or before final closing and discharge under Section 2-31, one or more motions in the best interests of the minor may be filed. The motion shall specify sufficient facts in support of the relief requested.
(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 2-5-25.)

    
Notes of Decisions
Cited in 87 cases (25 in the last 5 years), 1996–2026 · leading case: In Re Janine MA, 796 N.E.2d 1175 (Ill. App. Ct. 2003).
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In Re Janine MA, 796 N.E.2d 1175 (Ill. App. Ct. 2003). · cites it 9× “" 705 ILCS 405/2-13 (West 2002). Section 2-21 of the Act states in part: "If the court finds that the minor is abused, neglected, or dependent, the court shall then determine and put in writing the factual basis supporting that determination, and specify, to the extent possible,…”
In re Haley D., 2011 IL 110886 (Ill. 2011). · cites it 3× “It also filed a petition in the circuit court of Du Page County pursuant to section 2-13 of the Juvenile Court Act of 1987 (705 ILCS 405/2-13 (West 2008)) alleging that she was a neglected minor and asking that she be made a ward of the court.”
In Re Ah, 802 N.E.2d 215 (Ill. 2003). · cites it 4× “Section 2-13 further provides that "one or more motions in the best interests of the minor may be filed.”
In Re Ah, 748 N.E.2d 183 (Ill. 2001). · cites it 3× “The next day, the Cook County State's Attorney filed a petition for adjudication of wardship with the juvenile court pursuant to section 2-13 of the Act (705 ILCS 405/2-13 (West 1998)). The petition alleged child abuse and neglect pursuant to section 2-3 of the Act.”
In Re Leona W., 888 N.E.2d 72 (Ill. 2008). “'s birth, DCFS filed a petition under section 2-13 of the Juvenile Court Act of 1987 (705 ILCS 405/2-13 (West 1996)) asking that the child be made a ward of the court.”
In re L.S., 2022 IL App (1st) 210824 (Ill. App. Ct. 2022). · cites it 2× “705 ILCS 405/2-13(2) (West 2018). In this case, the petition for adjudication of wardship alleged that L.”
In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019). “705 ILCS 405/2-13 (West 2016). The court must conduct a temporary custody hearing within 48 hours, exclusive of weekends and holidays.”
In Re Alexis H., 783 N.E.2d 158 (Ill. App. Ct. 2002). · cites it 2× “, under section 2-13 of the Juvenile Court Act of 1987(Act) (705 ILCS 405/2-13 (West 2000)). During the unfitness stage of the bifurcated proceeding, the trial court found respondents to be unfit parents.”
In re N.C., 2014 IL 116532 (Ill. 2014). · cites it 4× “On February 22, 2012, DCFS filed a petition in the circuit court of Peoria County alleging juvenile neglect under section 2-13 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-13 (West 2012)). The petition identified Nichole as N.”
In Re Ds, 763 N.E.2d 251 (Ill. 2002). · cites it 4× “under section 2-13(1) of the Juvenile Court Act of 1987 (705 ILCS 405/2-13(1) (West 1998)), which provides in relevant part that "any adult person * * * may file * * * a petition with respect of a minor under this Act.”
In Re Hd, 797 N.E.2d 1112 (Ill. App. Ct. 2003). · cites it 7× “705 ILCS 405/2-13(2) (West 2002). Section 2-13(3) states the petition must allege it is in the minor's best interest that he be adjudged a ward of the court.”
In Re Es, 756 N.E.2d 422 (Ill. App. Ct. 2001). “" 705 ILCS 405/2-13(2) (West 2000). R.S. was conceived by artificial insemination via an anonymous donor who, pursuant to the Parentage Act, shall not be treated as R.”
Show all 87 citing cases →
— 705 ILCS 405/2-13(1) — 10 cases
In Re Ds, 763 N.E.2d 251 (Ill. 2002). “under section 2-13(1) of the Juvenile Court Act of 1987 (705 ILCS 405/2-13(1) (West 1998)), which provides in relevant part that "any adult person * * * may file * * * a petition with respect of a minor under this Act.”
In Re Adoption of KLP, 735 N.E.2d 1071 (Ill. App. Ct. 2000).
In Re Sb, 713 N.E.2d 750 (Ill. App. Ct. 1999).
In Re Am, 831 N.E.2d 648 (Ill. App. Ct. 2005).
In re A.H., 2025 IL App (4th) 250026 (Ill. App. Ct. 2025).
— 705 ILCS 405/2-13(2) — 13 cases
In Re Es, 756 N.E.2d 422 (Ill. App. Ct. 2001). “" 705 ILCS 405/2-13(2) (West 2000). R.S. was conceived by artificial insemination via an anonymous donor who, pursuant to the Parentage Act, shall not be treated as R.”
In re L.S., 2022 IL App (1st) 210824 (Ill. App. Ct. 2022). “705 ILCS 405/2-13(2) (West 2018). In this case, the petition for adjudication of wardship alleged that L.”
In Re Sb, 713 N.E.2d 750 (Ill. App. Ct. 1999).
In Re Hd, 797 N.E.2d 1112 (Ill. App. Ct. 2003). “705 ILCS 405/2-13(2) (West 2002). Section 2-13(3) states the petition must allege it is in the minor's best interest that he be adjudged a ward of the court.”
People v. Britt, 797 N.E.2d 1112 (Ill. App. Ct. 2003).
— 705 ILCS 405/2-13(3) — 10 cases
In re Haley D., 2011 IL 110886 (Ill. 2011). “It also filed a petition in the circuit court of Du Page County pursuant to section 2-13 of the Juvenile Court Act of 1987 (705 ILCS 405/2-13 (West 2008)) alleging that she was a neglected minor and asking that she be made a ward of the court.”
In Re Janine MA, 796 N.E.2d 1175 (Ill. App. Ct. 2003). “" 705 ILCS 405/2-13 (West 2002). Section 2-21 of the Act states in part: "If the court finds that the minor is abused, neglected, or dependent, the court shall then determine and put in writing the factual basis supporting that determination, and specify, to the extent possible,…”
In Re Hd, 797 N.E.2d 1112 (Ill. App. Ct. 2003). “705 ILCS 405/2-13(2) (West 2002). Section 2-13(3) states the petition must allege it is in the minor's best interest that he be adjudged a ward of the court.”
In Re Haley D., 959 N.E.2d 1108 (Ill. 2011).
People v. Britt, 797 N.E.2d 1112 (Ill. App. Ct. 2003).
— 705 ILCS 405/2-13(4) — 24 cases
In Re Janine MA, 796 N.E.2d 1175 (Ill. App. Ct. 2003). “" 705 ILCS 405/2-13 (West 2002). Section 2-21 of the Act states in part: "If the court finds that the minor is abused, neglected, or dependent, the court shall then determine and put in writing the factual basis supporting that determination, and specify, to the extent possible,…”
In Re Ah, 802 N.E.2d 215 (Ill. 2003). “Section 2-13 further provides that "one or more motions in the best interests of the minor may be filed.”
In Re Hd, 797 N.E.2d 1112 (Ill. App. Ct. 2003). “705 ILCS 405/2-13(2) (West 2002). Section 2-13(3) states the petition must allege it is in the minor's best interest that he be adjudged a ward of the court.”
In Re Mr, 912 N.E.2d 337 (Ill. App. Ct. 2009).
People v. Griffin, 794 N.E.2d 414 (Ill. App. Ct. 2003).
— 705 ILCS 405/2-13(5) — 17 cases
In re L.S., 2022 IL App (1st) 210824 (Ill. App. Ct. 2022). “705 ILCS 405/2-13(2) (West 2018). In this case, the petition for adjudication of wardship alleged that L.”
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003).
In Re Tiona W., 793 N.E.2d 105 (Ill. App. Ct. 2003).
Kelly v. Orrico, 2014 IL App (2d) 130002 (Ill. App. Ct. 2014).
In re D.Q., 2016 IL App (1st) 160680 (Ill. App. Ct. 2016).
— 705 ILCS 405/2-13(6) — 6 cases
In Re Ah, 802 N.E.2d 215 (Ill. 2003). “Section 2-13 further provides that "one or more motions in the best interests of the minor may be filed.”
In re N.C., 2014 IL 116532 (Ill. 2014). “On February 22, 2012, DCFS filed a petition in the circuit court of Peoria County alleging juvenile neglect under section 2-13 of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-13 (West 2012)). The petition identified Nichole as N.”
In Re Alexis H., 783 N.E.2d 158 (Ill. App. Ct. 2002). “, under section 2-13 of the Juvenile Court Act of 1987(Act) (705 ILCS 405/2-13 (West 2000)). During the unfitness stage of the bifurcated proceeding, the trial court found respondents to be unfit parents.”
In Re Mr, 912 N.E.2d 337 (Ill. App. Ct. 2009).
In re N.C., 2013 IL App (3d) 120438 (Ill. App. Ct. 2013).
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