ILCS » Chapter 705 · Act 405

705 ILCS 405/2-27

Placement; legal custody or guardianship

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(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
    Sec. 2-27. Placement; legal custody or guardianship.
    (1) If the court determines and puts in writing the factual basis supporting the determination of whether the parents, guardian, or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for, protect, train or discipline the minor or are unwilling to do so, and that the health, safety, and best interest of the minor will be jeopardized if the minor remains in the custody of the minor's parents, guardian or custodian, the court may at this hearing and at any later point:
        (a) place the minor in the custody of a suitable
    
relative or other person as legal custodian or guardian;
        (a-5) with the approval of the Department of Children
    
and Family Services, place the minor in the subsidized guardianship of a suitable relative or other person as legal guardian; "subsidized guardianship" has the meaning ascribed to that term in Section 4d of the Children and Family Services Act;
        (b) place the minor under the guardianship of a
    
probation officer;
        (c) commit the minor to an agency for care or
    
placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
        (d) on and after the effective date of this
    
amendatory Act of the 98th General Assembly and before January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 16 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. On and after January 1, 2017, commit the minor to the Department of Children and Family Services for care and service; however, a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 or adjudicated delinquent shall not be placed in the custody of or committed to the Department of Children and Family Services by any court, except (i) a minor less than 15 years of age and committed to the Department of Children and Family Services under Section 5-710 of this Act, (ii) a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists, or (iii) a minor for whom the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33 of this Act. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency. The Department shall be given due notice of the pendency of the action and the Guardianship Administrator of the Department of Children and Family Services shall be appointed guardian of the person of the minor. Whenever the Department seeks to discharge a minor from its care and service, the Guardianship Administrator shall petition the court for an order terminating guardianship. The Guardianship Administrator may designate one or more other officers of the Department, appointed as Department officers by administrative order of the Department Director, authorized to affix the signature of the Guardianship Administrator to documents affecting the guardian-ward relationship of children for whom the Guardianship Administrator has been appointed guardian at such times as the Guardianship Administrator is unable to perform the duties of the Guardianship Administrator office. The signature authorization shall include but not be limited to matters of consent of marriage, enlistment in the armed forces, legal proceedings, adoption, major medical and surgical treatment and application for driver's license. Signature authorizations made pursuant to the provisions of this paragraph shall be filed with the Secretary of State and the Secretary of State shall provide upon payment of the customary fee, certified copies of the authorization to any court or individual who requests a copy.
    (1.5) In making a determination under this Section, the court shall also consider whether, based on health, safety, and the best interests of the minor,
        (a) appropriate services aimed at family preservation
    
and family reunification have been unsuccessful in rectifying the conditions that have led to a finding of unfitness or inability to care for, protect, train, or discipline the minor, or
        (b) no family preservation or family reunification
    
services would be appropriate,
and if the petition or amended petition contained an allegation that the parent is an unfit person as defined in subdivision (D) of Section 1 of the Adoption Act, and the order of adjudication recites that parental unfitness was established by clear and convincing evidence, the court shall, when appropriate and in the best interest of the minor, enter an order terminating parental rights and appointing a guardian with power to consent to adoption in accordance with Section 2-29.
    When making a placement, the court, wherever possible, shall require the Department of Children and Family Services to select a person holding the same religious belief as that of the minor or a private agency controlled by persons of like religious faith of the minor and shall require the Department to otherwise comply with Section 7 of the Children and Family Services Act in placing the child. In addition, whenever alternative plans for placement are available, the court shall ascertain and consider, to the extent appropriate in the particular case, the views and preferences of the minor.
    (2) When a minor is placed with a suitable relative or other person pursuant to item (a) of subsection (1), the court shall appoint the suitable relative or other person the legal custodian or guardian of the person of the minor. When a minor is committed to any agency, the court shall appoint the proper officer or representative thereof as legal custodian or guardian of the person of the minor. Legal custodians and guardians of the person of the minor have the respective rights and duties set forth in subsection (9) of Section 1-3 except as otherwise provided by order of court; but no guardian of the person may consent to adoption of the minor unless that authority is conferred upon the guardian in accordance with Section 2-29. An agency whose representative is appointed guardian of the person or legal custodian of the minor may place the minor in any child care facility, but the facility must be licensed under the Child Care Act of 1969 or have been approved by the Department of Children and Family Services as meeting the standards established for such licensing. No agency may place a minor adjudicated under Sections 2-3 or 2-4 in a child care facility unless the placement is in compliance with the rules and regulations for placement under this Section promulgated by the Department of Children and Family Services under Section 5 of the Children and Family Services Act. Like authority and restrictions shall be conferred by the court upon any probation officer who has been appointed guardian of the person of a minor.
    (3) No placement by any probation officer or agency whose representative is appointed guardian of the person or legal custodian of a minor may be made in any out of State child care facility unless it complies with the Interstate Compact on the Placement of Children. Placement with a parent, however, is not subject to that Interstate Compact.
    (4) The clerk of the court shall issue to the legal custodian or guardian of the person a certified copy of the order of court, as proof of the legal custodian's or guardian's authority. No other process is necessary as authority for the keeping of the minor.
    (5) Custody or guardianship granted under this Section continues until the court otherwise directs, but not after the minor reaches the age of 19 years except as set forth in Section 2-31, or if the minor was previously committed to the Department of Children and Family Services for care and service and the court has granted a supplemental petition to reinstate wardship pursuant to subsection (2) of Section 2-33.
    (6) (Blank).
(Source: P.A. 103-22, eff. 8-8-23; 103-1061, eff. 7-1-25.)

    
Notes of Decisions
Cited in 192 cases (75 in the last 5 years), 1995–2026 · leading case: People v. Mandi H.
Sort: Relevance Newest Treatment
People v. Mandi H. (2005) ill · cites it 4× “See 705 ILCS 405/2-27(1) (West 2002). The appellate court concluded that the plain language of section 2-27(1) requires that the basis for the court's determination be contained in the court's written order.”
In Re Faith B. (2005) ill · cites it 3× “In accord with this section, "[a] minor under 18 years of age found to be neglected or abused under Section 2-3 * * * may be * * * (2) placed in accordance with Section 2-27 [705 ILCS 405/2-27 (West 2002)]." 705 ILCS 405/2-23(1)(a)(2) (West 2002).”
In Re Leona W. (2008) ill · cites it 2× “See 705 ILCS 405/2-27 (West 1996). As authorized by section 2-23(2) of the Juvenile Court Act (705 ILCS 405/2-23(2) (West 1996)), the court also entered an order of protection pursuant to section 2-25 of the Act (705 ILCS 405/2-25 (West 1996)).”
In re Tajannah O. (2014) illappct · cites it 2× “See 705 ILCS 405/2-27(1)(a-5), 2-28(2) (West 2012); see In re Robert H.”
In re M.M. (2016) ill · cites it 2× “The appellate court concluded that the trial court thereby violated section 2-27(1) of the Act (705 ILCS 405/2-27(1) (West 2012)). 2015 IL App (3d) 130856 , ¶ 14.”
In re A.R. (2022) illappct · cites it 3× “705 ILCS 405/2-27(1) (West 2020)); see also In re April C.”
In Re Chiara C. (1996) illappct · cites it 5× “705 ILCS 405/2-27 (West 1994). The statute does not authorize a court to order residential placement or schooling.”
In Re ES (2001) illappct · cites it 2× “705 ILCS 405/2-27(1) (West 2000). The court also determines whether the minor's parent is fit to care for him (705 ILCS 405/2-27(1) (West 2000)) and whether custody of the abused or neglected minor should be restored to the parent (705 ILCS 405/2-23(1)(a) (West 2000)).”
In Re JW (2008) illappct · cites it 2× “See 705 ILCS 405/2-27 (1)(a) (West 2006) (after a finding of unfitness at the dispositional hearing, the court may place the minor in the custody of a suitable relative as legal custodian or guardian).”
In re Davon H. (2016) illappct “, 2014 IL App (1st) 140984 , ¶ 42 (quoting 705 ILCS 405/2-27(1) (West 2012)). We will reverse the trial court’s determination of wardship “ ‘only if the factual findings are against the manifest weight of the evidence or if the court abused its discretion by selecting an…”
In re M.M. (2017) ill · cites it 2× “) 705 ILCS 405/2-27(1) (West 2012). Where the State does not seek to terminate parental rights, section 2-27(1) is concerned only with placement of the minor.”
People v. Andino-Acosta (2024) illappct “See 705 ILCS 405/2-27(1) (West 2002). Holding that the purpose of the writing requirement was to give the parties notice of the trial court’s reasoning and to preserve that reasoning for appellate review, the supreme court explained that oral findings could satisfy this…”
Show all 192 citing cases →
— 705 ILCS 405/2-27(1) — 135 cases
People v. Mandi H. (2005) ill “See 705 ILCS 405/2-27(1) (West 2002). The appellate court concluded that the plain language of section 2-27(1) requires that the basis for the court's determination be contained in the court's written order.”
In re Tajannah O. (2014) illappct “See 705 ILCS 405/2-27(1)(a-5), 2-28(2) (West 2012); see In re Robert H.”
In re M.M. (2016) ill “The appellate court concluded that the trial court thereby violated section 2-27(1) of the Act (705 ILCS 405/2-27(1) (West 2012)). 2015 IL App (3d) 130856 , ¶ 14.”
In re A.R. (2022) illappct “705 ILCS 405/2-27(1) (West 2020)); see also In re April C.”
In Re ES (2001) illappct “705 ILCS 405/2-27(1) (West 2000). The court also determines whether the minor's parent is fit to care for him (705 ILCS 405/2-27(1) (West 2000)) and whether custody of the abused or neglected minor should be restored to the parent (705 ILCS 405/2-23(1)(a) (West 2000)).”
— 705 ILCS 405/2-27(1)(a) — 6 cases
In Re Chiara C. (1996) illappct “705 ILCS 405/2-27 (West 1994). The statute does not authorize a court to order residential placement or schooling.”
In re B.S. (2021) illappct
In Interest of MV (1997) illappct
In re B.S. (2021) illappct
In re M.M. (2015) illappct
— 705 ILCS 405/2-27(1)(c) — 1 case
In re Amber S. (2024) illappct
— 705 ILCS 405/2-27(1)(d) — 18 cases
In re K.B. (2020) illappct
In re Z.I. (2026) illappct
In re Star R. (2014) illappct
In Re SD (2009) illappct
In re Joseph J. (2021) illappct
— 705 ILCS 405/2-27(2) — 2 cases
In Re Chiara C. (1996) illappct “705 ILCS 405/2-27 (West 1994). The statute does not authorize a court to order residential placement or schooling.”
In Re TLC (1996) illappct
— 705 ILCS 405/2-27(3) — 1 case
Afl-Cio (Afscme) v. Dept. of Cent. Mgt. (1996) ill
— 705 ILCS 405/2-27(5) — 1 case
In Re Cc (2011) ill
— 705 ILCS 405/2-27(6) — 1 case
Afl-Cio (Afscme) v. Dept. of Cent. Mgt. (1996) ill
— 705 ILCS 405/2-27(d) — 2 cases
In Re HG (2001) ill
In Re SD (2009) illappct
— 705 ILCS 405/2-27(l)(d) — 1 case
In Re TLC (1996) illappct
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