Past - One Case: One Hearing
Present - One Case: Many Hearings
Abuse / Neglect Process
- State’s Attorney files Petition for Adjudication of Wardship alleging abuse, neglect, and/or dependency
- Summonses are sent to parties to notify them of upcoming first court appearance
- Parties appear in court for the first time
- Parties are admonished on the Petition as well as their rights
- Parties may be appointed counsel at this stage
- Department of Children and Family Services (“DCFS”) removes child(ren) from the home
- DCFS notifies the State’s Attorney that a Shelter Care Hearing/Temporary Custody Hearing is needed
- Must occur within forty-eight (48) hours of removal of child(ren) from the home
- DCFS notifies parties to appear
- State’s Attorney presents evidence of urgent and immediate necessity and whether reasonable efforts were made to prevent removal
- Court determines whether the child(ren) should remain out of the home
- Standard of Proof – Probable Cause
- Parties appear in court with their respective attorneys, whether appointed or privately obtained
If Parents Deny Petition, but Petition is Proven OR If Parents Admit Petition
- Must occur within ninety (90) days of services on all parties, unless otherwise agreed (but no longer than 120 days post service)
- Court determines whether the child(ren) is/are abused, neglected, or dependent, based on the evidence presented.
- Standard of Proof – Preponderance of the Evidence
- Supervision is an alternative disposition.
- Minor is not adjudicated abused/neglected and not made a ward of the court.
- Order of Supervision can be entered prior to Dispositional Hearing or after (if findings of abuse/neglect have been reserved).
- Most utilized in intact cases where a Petition for Adjudication has been filed.
- If the Order of Supervision is completed successfully, minor remains in the home and the case is dismissed when the term ends.
- If not, a Petition to Revoke can be filed, and the minor may ultimately be adjudicated and/or placed out of the home if the Petition is proven.
- Custody – where the child(ren) will be physically placed, whether with a parent, relative, or in foster care
- Guardianship – who will have the right to make decisions about the child(ren), such as medical care, etc., whether a parent, relative, or DCFS
- At least every 6 months (often every 3 months)
- Judge determines what progress has been made on goal and selects new goals as appropriate
Permanency Hearings
- Child(ren) is placed back in the family home
- Services and monitoring continue to ensure safety
- Two Part hearing
- Unfitness and best interest
- Clear and convincine evidence
- Ususally subsidized
- Child(ren) placed with a Guardian
- If subsidized, DCFS provides monthly financial support for the child(ren)
- Child(ren) provided with supportive services such as budgeting, meal preparation, etc.
- Child(ren) may also be provided with transitional housing
- Court determines continued wardship is no longer in the child(ren)’s best interest
- Case closed and no further appearances required
- Court determines continued wardship is no longer in the child(ren)’s best interest
- Case closed and no further appearances required
- Guardianship terminates at age 18
- Court determines continued wardship is no longer in the child(ren)’s best interest
- Case closed and no further appearances required
- Usually at age 21
- Court determines continued wardship is no longer in the child(ren)’s best interest
- Case closed and no further appearances required