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Illinois Compiled Statutes

705 ILCS 405/2-9 (2026)

Setting of temporary custody hearing; notice; release

✓ current as of May 2026
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(705 ILCS 405/2-9) (from Ch. 37, par. 802-9)
    Sec. 2-9. Setting of temporary custody hearing; notice; release.
    (1) Unless sooner released, a minor, as defined in Section 2-3 or 2-4 of this Act, taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays, and court-designated holidays, for a temporary custody hearing to determine whether the minor shall be further held in custody.
    (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court shall cause a petition to be filed as provided in Section 2-13 of this Article, and the clerk of the court shall set the matter for hearing on the temporary custody hearing calendar. When a parent, guardian, custodian, or responsible relative is present and so requests, the temporary custody hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The petitioner through counsel or such other public officer designated by the court shall ensure notification to the minor's parent, guardian, custodian, or responsible relative of the time and place of the hearing by the best practicable notice, allowing for oral notice in place of written notice only if provision of written notice is unreasonable under the circumstances.
    (3) The minor must be released from temporary protective custody at the expiration of the 48-hour period specified by this Section if not brought before a judicial officer within that period.
(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

    
Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1998–2026 · leading case: In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019).
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In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019). “705 ILCS 405/2-9(1) (West 2016). At the temporary custody hearing, the court determines whether: (1) there is probable cause to believe the child is neglected, abused, or dependent.”
In Re Jw, 898 N.E.2d 803 (Ill. App. Ct. 2008). “appear before the court within 48 hours after being taken into temporary protective custody (705 ILCS 405/2-9(1) (West 2006)) and (b) DCFS document the reasonable efforts that were made to prevent or eliminate the necessity of J.”
In Re Ah, 748 N.E.2d 183 (Ill. 2001). “See 705 ILCS 405/2-9(1) (West 1998). On October 21, 1998, the juvenile court entered a temporary custody order pursuant *187 to section 2-10 of the Act (705 ILCS 405/2-10 (West 1998)).”
In Re Austin D., 831 N.E.2d 1206 (Ill. App. Ct. 2005). “While John does not raise this issue on appeal, the issue merits discussion. The trial court appointed counsel to John but proceeded to the hearing without counsel present due to the time constraints for holding a shelter-care hearing under the Juvenile Act.”
In Re Austin D., 831 N.E.2d 1215 (Ill. App. Ct. 2005). “While Kristina does not specifically raise this issue on appeal, the issue merits discussion. The trial court appointed counsel to Kristina but proceeded to the hearing without counsel present due to the time constraints for holding a shelter-care hearing under the Juvenile Act.”
Hebein Ex Rel. Berman v. Young, 37 F. Supp. 2d 1035 (N.D. Ill. 1998). “705 ILCS 405/2-9(1). During the days and weeks immediately following the October 11 incident, none of the state defendants took any action to initiate such a proceeding.”
In re M.B., 2026 IL App (4th) 250948-U (Ill. App. Ct. 2026). · cites it 4× “” 705 ILCS 405/2-9(1) (West 2024). “[T]he minor’s parents *** have the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records and also *** the right to be represented by counsel.”
In Re Ih, 939 N.E.2d 375 (Ill. 2010). · cites it 2× “705 ILCS 405/2-9(3) (West 2006). Within 90 days of service of an abuse or neglect petition under the Act, the trial court must conduct an adjudicatory hearing.”
In re John Paul J. (Ill. App. Ct. 2003). · cites it 4× “Counsel argued that, as the temporary custody hearing was not conducted within 48 hours of the child having been taken into protective custody, as required by section 2-9 of the Act (705 ILCS 405/2-9 (West 2000)), the trial court lacked jurisdiction.”
Dupuy v. Samuels, 462 F. Supp. 2d 859 (N.D. Ill. 2005). · cites it 2× “” 705 ILCS 405/2-9(1). If there is no temporary custody hearing within the prescribed time limitations, protective custody lapses and the child must be returned to his or her home.”
In re Mark W. (Ill. App. Ct. 2008). · cites it 2× “705 ILCS 405/2-9 - 24 - 1-05-3370 (West 1998).”
In the Interest of A.H. (Ill. App. Ct. 2000). · cites it 2× “705 ILCS 405/2-9(1) (West 1999). 2: We are aware that the court in In re R.”
Show all 13 citing cases →
— 705 ILCS 405/2-9(1) — 11 cases
In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019). “705 ILCS 405/2-9(1) (West 2016). At the temporary custody hearing, the court determines whether: (1) there is probable cause to believe the child is neglected, abused, or dependent.”
In Re Jw, 898 N.E.2d 803 (Ill. App. Ct. 2008). “appear before the court within 48 hours after being taken into temporary protective custody (705 ILCS 405/2-9(1) (West 2006)) and (b) DCFS document the reasonable efforts that were made to prevent or eliminate the necessity of J.”
In Re Ah, 748 N.E.2d 183 (Ill. 2001). “See 705 ILCS 405/2-9(1) (West 1998). On October 21, 1998, the juvenile court entered a temporary custody order pursuant *187 to section 2-10 of the Act (705 ILCS 405/2-10 (West 1998)).”
In Re Austin D., 831 N.E.2d 1206 (Ill. App. Ct. 2005). “While John does not raise this issue on appeal, the issue merits discussion. The trial court appointed counsel to John but proceeded to the hearing without counsel present due to the time constraints for holding a shelter-care hearing under the Juvenile Act.”
In Re Austin D., 831 N.E.2d 1215 (Ill. App. Ct. 2005). “While Kristina does not specifically raise this issue on appeal, the issue merits discussion. The trial court appointed counsel to Kristina but proceeded to the hearing without counsel present due to the time constraints for holding a shelter-care hearing under the Juvenile Act.”
— 705 ILCS 405/2-9(2) — 2 cases
In re M.B., 2026 IL App (4th) 250948-U (Ill. App. Ct. 2026). “” 705 ILCS 405/2-9(1) (West 2024). “[T]he minor’s parents *** have the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records and also *** the right to be represented by counsel.”
In the Interest of A.H. (Ill. App. Ct. 2000). “705 ILCS 405/2-9(1) (West 1999). 2: We are aware that the court in In re R.”
— 705 ILCS 405/2-9(3) — 3 cases
In Re Ih, 939 N.E.2d 375 (Ill. 2010). “705 ILCS 405/2-9(3) (West 2006). Within 90 days of service of an abuse or neglect petition under the Act, the trial court must conduct an adjudicatory hearing.”
In re John Paul J. (Ill. App. Ct. 2003). “Counsel argued that, as the temporary custody hearing was not conducted within 48 hours of the child having been taken into protective custody, as required by section 2-9 of the Act (705 ILCS 405/2-9 (West 2000)), the trial court lacked jurisdiction.”
Dupuy v. Samuels, 462 F. Supp. 2d 859 (N.D. Ill. 2005). “” 705 ILCS 405/2-9(1). If there is no temporary custody hearing within the prescribed time limitations, protective custody lapses and the child must be returned to his or her home.”
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