Legal Memorandum: After a child’s placement in shelter care the court must find that temporary custody is not needed for the child’s protection

Issue: Under Illinois law, following placement of a child in shelter care, what showing is required before a court may return the child to her or his family?

Area of Law: Family Law
Keywords: ; Child; Shelter Care; Family; Return; Urgent; Necessity; Protect; Minor; Order; Temporary Custody
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

After a minor is placed in shelter care on the trial court’s finding that "it is a matter of immediate and urgent necessity for the safety and protection of the minor," he or she cannot be returned home until the trial court enters an order finding that temporary custody is no longer needed for the minor’s protection. [statref]705 ILCS 405/2-10(2) (West 2010)[/statref]; In re Arthur H., 212 Ill.2d 441, 462 (2004). Following the minor’s placement in temporary custody, the trial court must find abuse, neglect or dependence before it adjudicates wardship. [statref]705 ILCS 405/2-21 (West 2010)[/statref]; In re N.B., 191 Ill.2d 338, 343 (2000). A minor may not be returned home until the court enters a subsequent order that such a placement is no longer needed for the protection of the minor. [statref]705 ILCS 405/2-21 (West 2010)[/statref]; N.B., 191 Ill.3d at 343.

In re D.N., No. 3-15-0141, 3-15-0146, 2016.IL.0000281 (Ill. Ct. App. Feb. 10, 2016) (VersusLaw).

Date: March 1, 2016