• Shelter Care Hearings/Temporary Custody Hearings: Overview

    At the Shelter Care Hearing (also known as the Temporary Custody Hearing), the court determines:

      • Whether there is probable cause that the child is abused, neglected, or dependent,
      • Whether DCFS has made reasonable efforts to prevent removal from the home (or whether reasonable efforts were not possible due to exigent circumstances)
      • Whether there is urgent and immediate necessity to remove the child and be placed in the temporary custody of DCFS, all pursuant to 705 ILCS 405/2-10.

      The court also has the authority to place with someone other than DCFS (i.e., a relative) or to dismiss the case entirely if probable cause does not exist.

  • Janel Freeman
    Guardian ad litem, 3rd Judicial Circuit

    Risks Attendant to Substitute Care

    • Minimize trauma to a child.
    • Should the child be removed?
    • Reasonable efforts were made to prevent removal.
  • Susan Barker
    Deputy General Counsel, Department of Children and Family Services

    How Does The Department Prevent Removal?

    • DCFS has funding to assist families as well as other resources to prevent removal.
    • DCFS must always balance whether removal is in a child's best interest against the risk of remaining in the home.
  • Hon. Kimberly Lewis
    Circuit Judge, Circuit Court of Cook County

    Reasonable Efforts

    • The requirement for reasonable efforts findings.
    • In order to obtain federal funding and effectively serve clients, these findings must be made at certain intervals.