The Illinois Supreme Court has adopted a new rule and amended another to address the use of restraints on a minor in delinquency proceedings arising under the Juvenile Court Act of 1987.
The new rule and rule changes take effect November 1, 2016.
New Supreme Court Rule 943 (Use of Restraints on a Minor in Delinquency Proceedings Arising Under the Juvenile Court Act) provides that instruments of restraint shall not be used on a minor during a court proceeding unless the court finds, after a hearing, that such restraints are necessary to prevent physical harm to the minor or another, the minor has a history of disruptive behavior that presents a risk of harm, or there is a well-founded belief that the minor presents a substantial flight risk. Amendments were also adopted to Rule 941 to state that the rules in Article IX apply to all juvenile delinquency proceedings filed under Article V of the Juvenile Court Act of 1987.