Bill Text: IL HB2934 | 2019-2020 | 101st General Assembly | Enrolled

Bill Title: Amends the Juvenile Court Act of 1987. Provides that service of a summons and petition shall be made by leaving a copy at his or her usual place of abode with a person residing there.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Enrolled) 2019-06-19 - Sent to the Governor [HB2934 Detail]

Download: Illinois-2019-HB2934-Enrolled.html

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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-15 as follows:
6 (705 ILCS 405/2-15) (from Ch. 37, par. 802-15)
7 Sec. 2-15. Summons.
8 (1) When a petition is filed, the clerk of the court shall
9issue a summons with a copy of the petition attached. The
10summons shall be directed to the minor's legal guardian or
11custodian and to each person named as a respondent in the
12petition, except that summons need not be directed to a minor
13respondent under 8 years of age for whom the court appoints a
14guardian ad litem if the guardian ad litem appears on behalf of
15the minor in any proceeding under this Act.
16 (2) The summons must contain a statement that the minor or
17any of the respondents is entitled to have an attorney present
18at the hearing on the petition, and that the clerk of the court
19should be notified promptly if the minor or any other
20respondent desires to be represented by an attorney but is
21financially unable to employ counsel.
22 (3) The summons shall be issued under the seal of the
23court, attested in and signed with the name of the clerk of the

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1court, dated on the day it is issued, and shall require each
2respondent to appear and answer the petition on the date set
3for the adjudicatory hearing. The summons shall contain a
4notice that the parties will not be entitled to further written
5notices or publication notices of proceedings in this case,
6including the filing of an amended petition or a motion to
7terminate parental rights, except as required by Supreme Court
8Rule 11.
9 (4) The summons may be served by any county sheriff,
10coroner or probation officer, even though the officer is the
11petitioner. The return of the summons with endorsement of
12service by the officer is sufficient proof thereof.
13 (5) Service of a summons and petition shall be made by: (a)
14leaving a copy thereof with the person summoned at least 3 days
15before the time stated therein for appearance; (b) leaving a
16copy at his or her usual place of abode with some person of the
17family or a person residing there, of the age of 10 years or
18upwards, and informing that person of the contents thereof,
19provided the officer or other person making service shall also
20send a copy of the summons in a sealed envelope with postage
21fully prepaid, addressed to the person summoned at his usual
22place of abode, at least 3 days before the time stated therein
23for appearance; or (c) leaving a copy thereof with the guardian
24or custodian of a minor, at least 3 days before the time stated
25therein for appearance. If the guardian or custodian is an
26agency of the State of Illinois, proper service may be made by

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1leaving a copy of the summons and petition with any
2administrative employee of such agency designated by such
3agency to accept service of summons and petitions. The
4certificate of the officer or affidavit of the person that he
5has sent the copy pursuant to this Section is sufficient proof
6of service.
7 (6) When a parent or other person, who has signed a written
8promise to appear and bring the minor to court or who has
9waived or acknowledged service, fails to appear with the minor
10on the date set by the court, a bench warrant may be issued for
11the parent or other person, the minor, or both.
12 (7) The appearance of the minor's legal guardian or
13custodian, or a person named as a respondent in a petition, in
14any proceeding under this Act shall constitute a waiver of
15service of summons and submission to the jurisdiction of the
16court, except that the filing of a motion authorized under
17Section 2-301 of the Code of Civil Procedure does not
18constitute an appearance under this subsection. A copy of the
19summons and petition shall be provided to the person at the
20time of his appearance.
21 (8) Notice to a parent who has appeared or been served with
22summons personally or by certified mail, and for whom an order
23of default has been entered on the petition for wardship and
24has not been set aside shall be provided in accordance with
25Supreme Court Rule 11. Notice to a parent who was served by
26publication and for whom an order of default has been entered

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1on the petition for wardship and has not been set aside shall
2be provided in accordance with this Section and Section 2-16.
3(Source: P.A. 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-608,
4eff. 6-30-98; 91-145, eff. 1-1-00.)