Sec. 2-31. Duration of wardship and discharge of proceedings.

501 words·~2 min read·/il/chapter-705/act-405/2-31

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)All proceedings under Article II of this Act in respect of any minor automatically terminate upon the minor attaining the age of 21 years.

(2)Whenever the court determines, and makes written factual findings, that health, safety, and 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 theretofore ordered but the termination must be made in compliance with Section 2-28. When terminating wardship under this Section, if the minor is over 18 or if wardship is terminated in conjunction with an order partially or completely emancipating the minor in accordance with the Emancipation of Minors Act, the court shall also consider the following factors, in addition to the health, safety, and best interest of the minor and the public:

(A)the minor's wishes regarding case closure;

(B)the manner in which the minor will maintain independence without services from the Department;

(C)the minor's engagement in services including placement offered by the Department;

(D)if the minor is not engaged, the Department's efforts to engage the minor;

(E)the nature of communication between the minor and the Department;

(F)the minor's involvement in other State systems or services;

(G)the minor's connections with family and other community support; and

(H)any other factor the court deems relevant. The minor's lack of cooperation with services provided by the Department of Children and Family Services shall not by itself be considered sufficient evidence that the minor is prepared to live independently and that it is in the best interest of the minor to terminate wardship. It shall not be in the minor's best interest to terminate wardship of a minor over the age of 18 who is in the guardianship of the Department of Children and Family Services if the Department has not made reasonable efforts to ensure that the minor has documents necessary for adult living as provided in Section 35.10 of the Children and Family Services Act.

(3)The wardship of the minor and any custodianship or guardianship respecting the minor for whom a petition was filed after July 24, 1991 (the effective date of Public Act 87-14) automatically terminates when the minor attains the age of 19 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. The provisions of this subsection

(3)become inoperative on and after July 12, 2019 (the effective date of Public Act 101-78).

(4)Notwithstanding any provision of law to the contrary, the changes made by Public Act 101-78 apply to all cases that are pending on or after July 12, 2019 (the effective date of Public Act 101-78).