§ 20. Transfer of care, custody and control.  


Latest version.
  • If the court shall find that the child is within the purview of this Act, it shall so decree and may by order duly entered proceed as follows:

    (a)

    Whenever in the course of a proceeding instituted it shall appear to the court that the parents or the surviving parent of a child, or the mother of a child born out of wedlock, have abandoned such child or have substantially and continuously or repeatedly refused, being financially able, have neglected to give such child parental care and protection; or that such parent or parents are unfit by reason of their conduct or condition which is seriously detrimental to the said child, the court shall have jurisdiction to transfer the care, custody and control of such child to some other person, agency, institution or the State Department of Public Welfare, and may terminate in so far as may be necessary the rights of such parent or parents with reference to such child, provided that the cause shall be retained in court as provided in Section 21 herein, and the parent or parents may later be granted the right to file a petition seeking the modification of the former order, unless some other court shall have taken jurisdiction of the matter upon a petition for adoption.

    Such transfer or termination shall be made only after a hearing before the court, and the court shall cause notice of the time, place and purpose of such hearing to be served on such parent or parents personally at least twenty-four (24) hours before the time fixed for hearing; or if the court is satisfied that personal service cannot be effected, then such notice may be given by publication thereof in a newspaper in the county once a week for four consecutive weeks prior to the date of hearing.

    (b)

    If a child is abandoned or neglected by one parent the rights of only such parent with reference to such child may be terminated as provided in subsection (a) of this section, without affecting the rights of the other parent.

    (c)

    Upon the application of the parents or the surviving parent, or the mother of a child born out of wedlock, the court may order the transfer of the permanent care, control and custody of such child, and if it appears wise, the termination of all the rights of a parent or the parents with reference to such child, provided the court after a hearing finds such transfer or termination to be in the best interest of the child.

    (d)

    Place the child on probation or under supervision in his home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.

    (e)

    Commit the child to the custody or to the guardianship of a public or private institution, agency, or the State Department of Public Welfare authorized to care for children or to place them in family homes.

    (f)

    Order such other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided. The court may dismiss the petition or otherwise terminate its jurisdiction at any time for good cause shown.

    (g)

    Whenever the court shall commit a child to any institution, agency, or the State Department of Public Welfare, it shall transmit with the order of commitment a summary of its information concerning the child, and such institution, agency, or the State Department of Public Welfare shall give to the court such information concerning such child as the court may at any time require.