§ 4-8 — Setting of shelter care hearing

(1) Unless sooner released, a minor alleged to be addicted taken into temporary protective custody must be brought before a judicial officer within 48 hours, exclusive of Saturdays, Sundays, and holidays, for a shelter care hearing to determine whether the minor shall be further held in custody. (2) If the probation officer or such other public officer designated by the court determines that the minor should be retained in custody, the probation officer or such other public officer designated by the court shall cause a petition to be filed as provided in Section 4-12 of this Act, and the clerk of the court shall set the matter for hearing on the shelter care hearing calendar. When a parent, guardian, custodian, or responsible relative is present and so requests, the shelter care hearing shall be held immediately if the court is in session, otherwise at the earliest feasible time. The probation officer or such other public officer designated by the court shall notify the minor's parent, guardian, custodian, or responsible relative of the time and place of the hearing. The notice may be given orally. (3) The minor must be released from custody at the expiration of the 48-hour period, as the case may be, specified by this Section, if not brought before a judicial officer within that period.

Legislative History

(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)