(a) In addition to the provisions of subsection (3) of Section 2-27 of this Act, no placement by any probation officer or agency whose representative is an appointed guardian of the person or legal custodian of the minor may be made in an out-of-state residential treatment center unless the court has determined that the out-of-state residential placement is in the best interest and is the least restrictive, most family-like setting for the minor. The Department’s application to the court to place a minor in an out-of-state residential treatment center shall include:
         (1) an explanation of what in State resources, if
    
any, were considered for the minor and why the minor cannot be placed in a residential treatment center or other placement in this State;
        (2) an explanation as to how the out-of-state
    
residential treatment center will impact the minor’s relationships with family and other individuals important to the minor in and what steps the Department will take to preserve those relationships;
        (3) an explanation as to how the Department will
    
ensure the safety and well-being of the minor in the out-of-state residential treatment center; and
        (4) an explanation as to why it is in the minor’s
    
best interest to be placed in an out-of-state residential treatment center, including a description of the minor’s treatment needs and how those needs will be met in the proposed placement.
    (b) If the out-of-state residential treatment center is a secure facility as defined in paragraph (18) of Section 1-3 of this Act, the requirements of Section 27.1 of this Act shall also be met prior to the minor’s placement in the out-of-state residential treatment center.

Terms Used In Illinois Compiled Statutes 705 ILCS 405/2-27.2

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

     (c) This Section does not apply to an out-of-state placement of a minor in a family foster home, relative foster home, a home of a parent, or a dormitory or independent living setting of a minor attending a post-secondary educational institution.
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