Determining the Best Interests of the Child - Illinois

Date: September 2023

Guiding Principles

Citation: Comp. Stat. Ch. 20, § 505/5

The general assembly recognizes that the best interests of the child require that the child be placed in the most permanent living arrangement as soon as is practically possible. To achieve this goal, the general assembly directs the Department of Children and Family Services to conduct concurrent planning so that permanency may occur at the earliest opportunity. Permanent living arrangements may include prevention of placement of a child outside the home of the family when the child can be cared for at home without endangering the child's health or safety; reunification with the family, when safe and appropriate, if temporary placement is necessary; or movement of the child toward the most permanent living arrangement and permanent legal status.

 Best Interests Factors

Citation: Comp. Stat. Ch. 705, § 405/1-3(4.05)

Whenever a 'best interests' determination is required, the following factors shall be considered in the context of the child's age and developmental needs:

  • The physical safety and welfare of the child, including food, shelter, health, and clothing
  • The development of the child's identity
  • The child's background and ties, including familial, cultural, and religious
  • The child's sense of attachments, including the following:
    • Where the child actually feels love, attachment, and a sense of being valued (as opposed to where adults believe the child should feel love, attachment, and a sense of being valued)
    • The child's sense of security
    • The child's sense of familiarity
    • Continuity of affection for the child
    • The least disruptive placement alternative for the child
  • The child's wishes and long-term goals
  • The child's community ties, including church, school, and friends
  • The child's need for permanence, which includes the child's need for stability and continuity of relationships with parent figures, siblings, and other relatives
  • The uniqueness of every family and child
  • The risks attendant to entering and being in substitute care
  • The preferences of the persons available to care for the child

Other Considerations

Citation: Comp. Stat. Ch. 705, § 405/1-3(4.05)

Whenever a 'best interests' determination is required, the child's wishes and long-term goals shall be considered in the context of the child's age and developmental needs.

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