Illinois Compiled Statutes
705 ILCS 405/2-5 (2026)
Taking into custody
✓ current as of May 2026
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(705 ILCS 405/2-5)
(from Ch. 37, par. 802-5)
Sec. 2-5. Taking into custody. (1) A law enforcement officer may, without a warrant, take into
temporary custody a minor (a) whom the officer with reasonable cause
believes to be a person described in Section 2-3 or 2-4; (b) who has been
adjudged a ward of the court and has escaped from any commitment ordered by
the court under this Act; or (c) who is found in any street or public place
suffering from any sickness or injury which requires care, medical
treatment or hospitalization.
(2) Whenever a petition has been filed under Section 2-13 and the
court finds that the conduct and behavior of the minor may endanger the
health, person, welfare, or property of the minor or others or that the
circumstances of the minor's home environment may endanger the minor's health, person,
welfare or property, a warrant may be issued immediately to take the minor
into custody.
(3) The taking of a minor into temporary custody under this Section is
not an arrest nor does it constitute a police record.
(Source: P.A. 103-22, eff. 8-8-23.)
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2001–2026 · leading case: In re N.C., 2014 IL 116532 (Ill. 2014).
In re N.C., 2014 IL 116532 (Ill. 2014). “For example, the Act empowers the State’s Attorney to remove a minor from her legal parents if neglect is suspected (705 ILCS 405/2-5 (West 2012)), place the child in temporary custody (705 ILCS 405/2-10 (West 2012)), require parents to comply with court orders and service plans…”
In Re Marriage of Mehring, 755 N.E.2d 109 (Ill. App. Ct. 2001). “See 705 ILCS 405/2-5 (West 2000). The ultimate interference is the termination of parental rights.”
In re N.C., a Minor, 2014 IL 116532 (Ill. 2014). “For example, the Act empowers the State’s Attorney to remove a minor from her legal parents if neglect is suspected (705 ILCS 405/2-5 (West 2012)), place the child in temporary custody (705 ILCS 405/2-10 (West 2012)), require parents to comply with court orders and service plans…”
In re D.F., 2024 IL App (1st) 241566 (Ill. App. Ct. 2024). “705 ILCS 405/2-5, 2-6, 2-7 (West 2022). A petition for an adjudication of wardship is filed and a summons issued.”
In re Jenna, 2026 IL App (5th) 250783-U (Ill. App. Ct. 2026). “705 ILCS 405/2-5(1) (West 2018). After taking the minor into custody without a warrant, the officer must place the minor in temporary protective custody and immediately notify DCFS.”
In re A.B. (Ill. App. Ct. 2026). “705 ILCS 405/2-5, 2-6, 2-7 (West 2022). A petition for an adjudication of wardship is filed and a summons issued.”
In re Marriage of Mehring Opinion corrected August 23, 2001 (Ill. App. Ct. 2001). “See 705 ILCS 405/2-5 (West 2000). The ultimate interference is the termination of parental rights.”
— 705 ILCS 405/2-5(1) — 1 case
In re Jenna, 2026 IL App (5th) 250783-U (Ill. App. Ct. 2026). “705 ILCS 405/2-5(1) (West 2018). After taking the minor into custody without a warrant, the officer must place the minor in temporary protective custody and immediately notify DCFS.”
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