Illinois Compiled Statutes
705 ILCS 405/5-755 (2026)
Duration of wardship and discharge of proceedings
✓ current as of May 2026
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(705 ILCS 405/5-755)
Sec. 5-755. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect of any minor for whom a
petition was filed on or after the effective date of this amendatory Act of
1998 automatically terminate upon the minor attaining the age of 21 years
except that provided in Section 5-810.
(2) Whenever the court finds that the best interests of the minor and the
public no
longer require the wardship of the court, the court shall order the wardship
terminated and all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue or terminate
any custodianship or guardianship previously ordered but the termination must
be made in compliance with Section 5-745.
(3) The wardship of the minor and any legal custodianship or guardianship
respecting the minor for whom a petition was filed on or after the effective
date of
this amendatory Act of 1998 automatically terminates when the minor attains the
age of
21 years except as set forth in subsection (1) of this Section. The clerk of
the court shall at that time record all proceedings under this Act as finally
closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)
(705 ILCS 405/Art. V Pt. 7A heading) PART 7A. JUVENILE ELECTRONIC MONITORING AND HOME DETENTION LAW
(Source: P.A. 100-431, eff. 8-25-17.) |
Notes of Decisions
Cited in 14
cases (2 in the last 5 years), 2007–2024 · leading case: People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007).
People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007). “705 ILCS 405/5-755(1), (2), (3) (West 2006).”
People v. Luis R., 941 N.E.2d 136 (Ill. 2010). “" 705 ILCS 405/5-755(1) (West 2008). Accordingly, by definition, persons over the age of 21 are not entitled to the protections of the Act.”
People v. Fort, 2017 IL 118966 (Ill. 2018). “See 705 ILCS 405/5-755(1) (West 2008) (a defendant’s commitment under the Act terminates automatically upon his or her twenty-first birthday); In re Jaime P.”
People v. Clark, 2020 IL App (1st) 182533 (Ill. App. Ct. 2020). “Should the trial court find after the hearing that defendant is not subject to adult sentencing, the proper remedy is to discharge the proceedings against defendant since he is now over 21 years of age and is no longer eligible to be committed as a juvenile under the Act.”
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). “705 ILCS 405/5-755(1) (West 2006). The juvenile court denied respondent’s motion to dismiss as well as the State’s pending motion to designate the proceedings as an EJJ prosecution.”
People v. Rich, 2011 IL App (2d) 101237 (Ill. App. Ct. 2011). “2d at 538 (quoting 705 ILCS 405/5-755(1) (West 1998)). The court stated, “the plain intent of the [Act] was to set the age of 21 as the maximum for all juvenile dispositions, with the limited exception of the [extended jurisdiction provision] provided in section 5-810” and,…”
In Re Dontrell H., 888 N.E.2d 627 (Ill. App. Ct. 2008). “705 ILCS 405/5-755(1), (2), (3) (West 2004).”
In re Edgar C., 2014 IL App (1st) 14703 (Ill. App. Ct. 2015). “" 705 ILCS 405/5-755 (West 2012); In re Jaime P.”
In re Edgar C., 2014 IL App (1st) 14703 (Ill. App. Ct. 2015). “” 705 ILCS 405/5-755 (West 2012); In re Jaime P.”
People v. Kennedy, 2021 IL App (1st) 181344-U (Ill. App. Ct. 2021). “5-95(b) (Class X sentencing applies to defendants over the age of 21); 705 ILCS 405/5-755 (West 2020) (duration of wardship proceedings terminate at the age of 21); 720 ILCS 675/1 (West 2020) (prohibiting sale of tobacco products, electronic cigarettes, and alternative nicotine…”
In re T.C., 2024 IL App (1st) 221880 (Ill. App. Ct. 2024). “705 ILCS 405/5-755(1) (West 2022); In re Jaime P.”
In re Jessica M. (Ill. App. Ct. 2008). “705 ILCS 405/5-755 (West 2004). See also In re Jaime P.”
— 705 ILCS 405/5-755(1) — 9 cases
People v. Luis R., 941 N.E.2d 136 (Ill. 2010). “" 705 ILCS 405/5-755(1) (West 2008). Accordingly, by definition, persons over the age of 21 are not entitled to the protections of the Act.”
People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007). “705 ILCS 405/5-755(1), (2), (3) (West 2006).”
People v. Fort, 2017 IL 118966 (Ill. 2018). “See 705 ILCS 405/5-755(1) (West 2008) (a defendant’s commitment under the Act terminates automatically upon his or her twenty-first birthday); In re Jaime P.”
People v. Clark, 2020 IL App (1st) 182533 (Ill. App. Ct. 2020). “Should the trial court find after the hearing that defendant is not subject to adult sentencing, the proper remedy is to discharge the proceedings against defendant since he is now over 21 years of age and is no longer eligible to be committed as a juvenile under the Act.”
In re Luis R., 2013 IL App (2d) 120393 (Ill. App. Ct. 2013). “705 ILCS 405/5-755(1) (West 2006). The juvenile court denied respondent’s motion to dismiss as well as the State’s pending motion to designate the proceedings as an EJJ prosecution.”
— 705 ILCS 405/5-755(2) — 1 case
People Ex Rel. Devine v. Stralka, 877 N.E.2d 416 (Ill. 2007). “705 ILCS 405/5-755(1), (2), (3) (West 2006).”
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