ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/2-7 (2026)

Temporary custody

✓ current as of May 2026
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(705 ILCS 405/2-7) (from Ch. 37, par. 802-7)
    Sec. 2-7. Temporary custody. "Temporary custody" means the temporary placement of the minor out of the custody of the minor's guardian or parent, and includes the following:
        (1) "Temporary protective custody" means custody
    
within a hospital or other medical facility or a place previously designated for such custody by the Department of Children and Family Services, subject to review by the court, including a licensed foster home, group home, or other institution. However, such place shall not be a jail or other place for the detention of the criminal or juvenile offenders.
        (2) "Shelter care" means a physically unrestrictive
    
facility designated by the Department of Children and Family Services or a licensed child welfare agency, or other suitable place designated by the court for a minor who requires care away from the minor's home.
(Source: P.A. 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2000–2023 · leading case: In re Cal. E., 2023 IL App (4th) 220930 (Ill. App. Ct. 2023).
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In re Cal. E., 2023 IL App (4th) 220930 (Ill. App. Ct. 2023). “(quoting 705 ILCS 405/2-7(1) (West 2020)). The First District held that the trial court’s order transferring custody from the foster parents to the aunt was a placement decision that terminated the minor’s placement with the foster parents.”
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. Nor is there any explanation as to the type of evidence required to obtain protective or temporary custody of a child.”
In the Interest of A.H. (Ill. App. Ct. 2000). · cites it 3× “The minor claims the "immediate and urgent necessity" requirement applies only when the court is prescribing "shelter care," which the minor contends is defined in section 2- 7(2) (705 ILCS 405/2-7(2) (West 1999)) as a place designated for a child who is being taken from his…”
In re D.M., J.M., & Y.M., 2022 IL App (1st) 210456-U (Ill. App. Ct. 2022). “See 705 ILCS 405/2-7 (West 2014) (Temporary Custody); 705 ILCS 405/2-27 (West 2014) (Placement; legal custody or guardianship).”
— 705 ILCS 405/2-7(1) — 2 cases
In re Cal. E., 2023 IL App (4th) 220930 (Ill. App. Ct. 2023). “(quoting 705 ILCS 405/2-7(1) (West 2020)). The First District held that the trial court’s order transferring custody from the foster parents to the aunt was a placement decision that terminated the minor’s placement with the foster parents.”
Dupuy v. Samuels, 462 F. Supp. 2d 859 (N.D. Ill. 2005). “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. Nor is there any explanation as to the type of evidence required to obtain protective or temporary custody of a child.”
— 705 ILCS 405/2-7(2) — 1 case
In the Interest of A.H. (Ill. App. Ct. 2000). “The minor claims the "immediate and urgent necessity" requirement applies only when the court is prescribing "shelter care," which the minor contends is defined in section 2- 7(2) (705 ILCS 405/2-7(2) (West 1999)) as a place designated for a child who is being taken from his…”
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