705 ILCS 405/5-740
Placement; legal custody or guardianship
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(705 ILCS 405/5-740)
Sec. 5-740. Placement; legal custody or guardianship.
(1) If the court finds that 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 appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying the conditions
which have led to a finding of unfitness or inability to care for, protect,
train or discipline the minor, and that it is in the best interest of the minor
to take the minor from the custody of the minor's parents, guardian or
custodian, the
court
may:
(a) place the minor in the custody of a suitable | relative or other person; |
(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 Juvenile Justice or of the Department of Children and Family Services; |
(d) commit the minor to some licensed training school | or industrial school; or |
(e) commit the minor to any appropriate institution | having among its purposes the care of delinquent children, including a child protective facility maintained by a child protection district serving the county from which commitment is made, but not including any institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services. |
(2) When making such placement, the court, wherever possible, shall 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 of Children and
Family Services 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.
(3) When a minor is placed with a suitable relative or other person, 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 of the proper officer 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 5-105 except as otherwise provided by order of court; but no guardian
of the person may consent to adoption of the minor. 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. 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.
(4) 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.
(5) The clerk of the court shall issue to the guardian or legal custodian
of the person a certified copy of the order of court, as proof of the guardian's or legal custodian's
authority. No other process is necessary as authority for the keeping of the
minor.
(6) Legal custody or guardianship granted under this Section continues
until the court otherwise directs, but not after the minor reaches the age of
21 years except as set forth in Section 5-750.
(Source: P.A. 103-22, eff. 8-8-23.)
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 2002–2026 · leading case: In Re DD
In Re DD (2004)
“As part of a minor's sentence, the court may (1) place the minor on probation (705 ILCS 405/5-715 (West 1998)); or (2) place the minor with another guardian or commit the minor to an appropriate facility or institution in accordance with section 5-740 of the Act (705 ILCS…”
In re Ronald J. (2017)
“it him or her to the Department ***, if it finds that (a) his or her parents, guardian[,] or legal custodian 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…”
In re: Shelby R. (2012)
“ursuant to section 5-750(1)(a) of the Juvenile Act (705 ILCS 405/5- 750(1)(a) (West 2010)) found respondent’s parents were unfit or unable, for some reason other than financial circumstances alone, to care for, protect, train, or discipline her, or were unwilling to do so, and…”
In re K.M. (2019)
“705 ILCS 405/5-745(2), (3) (West 2016); see also 705 ILCS 405/5-740 (West 2016). ¶ 94 If the juvenile had objected—at any time—to the court below and if the court had flat-out refused his request, then this case would be in a different posture.”
In re Darius L. (2012)
“See also 705 ILCS 405/5-710(1)(a)(iii), (1)(c) (West 2010) (providing for substance-abuse treatment); 705 ILCS 405/5-740(1) (West 2010) (naming alternative placements for delinquent minors).”
In Re Nathan AC (2008)
“See 705 ILCS 405/5-750 (1)(a) (West 2006) (setting forth the standard for committing a minor to DJJ, including the requirement that the best interests of the minor and the public would not be served by placement under section 5-740); 705 ILCS 405/5-740 (West 2006) (providing for…”
In re Luis R. (2013)
“705 ILCS 405/5-740(1) (West 2006). “In sum, as the legislature’s intent was merely to provide a different correctional approach to juveniles, the literal interpretation of the Act–subjecting only juveniles to proceedings thereunder–supports, rather than defeats, that intent.”
In re Ronald J. (2017)
“705 ILCS 405/5-740(1) (West 2014)). Second, the court found that reasonable efforts had been made to prevent or eliminate the need for respondent to be removed from the home.”
In re H.L. (2016)
“I further find that his parents are unable for a reason other than financial circumstances alone to care for, protect, train or discipline [respondent] and the public - 11 - 2016 IL App (2d) 140486-B will not be served by placement under [section] 5-740 [of the Juvenile Court…”
In Re DD (2002)
“Section 5-740 (705 ILCS 405/5-740 (West 2000)) provides in pertinent part as follows: "(1) If the court finds that * * * it is in the best interest of the minor to take him or her from the custody of his or her parents, guardian or custodian, the court may: * * * (c) commit him…”
In re C.B. (2023)
“it finds that (a) his or her parents, guardian - 21 - 2023 IL App (4th) 220910-U or legal custodian 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 the best…”
In re Estate of E.A. (2026)
“705 ILCS 405/5-740 (West 2024). Another example is the section regarding the appointment of a guardian ad litem for an abused or neglected minor.”
— 705 ILCS 405/5-740(1) — 4 cases
In re Darius L. (2012)
“See also 705 ILCS 405/5-710(1)(a)(iii), (1)(c) (West 2010) (providing for substance-abuse treatment); 705 ILCS 405/5-740(1) (West 2010) (naming alternative placements for delinquent minors).”
In re Luis R. (2013)
“705 ILCS 405/5-740(1) (West 2006). “In sum, as the legislature’s intent was merely to provide a different correctional approach to juveniles, the literal interpretation of the Act–subjecting only juveniles to proceedings thereunder–supports, rather than defeats, that intent.”
In re Ronald J. (2017)
“it him or her to the Department ***, if it finds that (a) his or her parents, guardian[,] or legal custodian 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…”
In re Ronald J. (2017)
“705 ILCS 405/5-740(1) (West 2014)). Second, the court found that reasonable efforts had been made to prevent or eliminate the need for respondent to be removed from the home.”
— 705 ILCS 405/5-740(1)(a) — 1 case
— 705 ILCS 405/5-740(1)(b) — 1 case
In re K.M. (2019)
“705 ILCS 405/5-745(2), (3) (West 2016); see also 705 ILCS 405/5-740 (West 2016). ¶ 94 If the juvenile had objected—at any time—to the court below and if the court had flat-out refused his request, then this case would be in a different posture.”
— 705 ILCS 405/5-740(1)(c) — 2 cases
In Re DD (2004)
“As part of a minor's sentence, the court may (1) place the minor on probation (705 ILCS 405/5-715 (West 1998)); or (2) place the minor with another guardian or commit the minor to an appropriate facility or institution in accordance with section 5-740 of the Act (705 ILCS…”
In Re DD (2002)
“Section 5-740 (705 ILCS 405/5-740 (West 2000)) provides in pertinent part as follows: "(1) If the court finds that * * * it is in the best interest of the minor to take him or her from the custody of his or her parents, guardian or custodian, the court may: * * * (c) commit him…”
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