Confidential Records Procedure

Calendar 59 - Courtroom 9

The confidentiality of juvenile court, law enforcement and social, psychological and medical records of minors is regulated by 705 ILCS 405/1-7, 1-8, 5-901, 5-905 and 5-910. The following is the procedure to obtain access to these confidential records if a court order is required.

1.    Petition

A petition for access to confidential records must be filed, notice and service made and scheduled for a hearing in Calendar 59, Courtroom Nine, of the Juvenile Justice Division of the Circuit Court of Cook County at least ten days prior to the scheduled court date. Access is prohibited by the use of a civil subpoena or a court order from other than the court presiding over the Juvenile Court Act matters. A courtesy copy shall be sent to the court including the eĀ­mail address.

2.    Other litigation

If the access to records is sought in connection with non-juvenile court litigation, photocopies of any relevant court orders, pleadings and attorney agreements concerning the records must be attached.

3.    Notice and service

If the records concern a pending juvenile court case then notice must be sent to the attorney and guardian ad litem of the minor. If the records concern a juvenile court case that is no longer pending then actual notice must be provided to the minor or the parents or legal guardian. Notice must also be sent to all persons required by statute.

Additionally, notice is required upon the State's Attorney of Cook County, the Law Office of the Public Defender of Cook County as well as the parties of any other litigation that is pending. The notice shall also include the telephone number, fax number and e-mail address of either the petitioner or the attorney for the petitioner. Service to the State's Attorney and the Public Defender shall be addressed to:

Assistant State's Attorney                            Assistant Public Defender
Courtroom 9, Calendars 50/54/59                Courtroom 9, Calendars 50/54/59
2245 West Ogden Avenue, 6th floor              2245 West Ogden Avenue, 7th floor
Chicago, Illinois 60612                                Chicago, Illinois 60612

If the petitioner is aware that the Law Office of the Public Defender of Cook County does not or did not represent the minor respondent and knows the identity of the attorney(s) for the minor then service shall be made to that attorney(s) instead of the Law Office of the Public Defender.

Notice and service is not required upon a party to pending non-juvenile court litigation who waives service and does not object to access to the requested records. A waiver of service indicating no objection to access to the records shall be filed and may be attached to the petition. All pleadings must include an e-mail address.

4.     Confidential records not in the juvenile court file

If the records for which access is requested are not contained within the juvenile court file, the petitioner shall issue a subpoena duces tecum to the custodian of the records for an in camera inspection. Law enforcement records are not usually contained in a juvenile court file.

5.      Responsibilities of the State's Attorneys Office and Law Office of the Public Defender of Cook County

Upon the receipt of a petition for access to confidential records the States Attorney's Office shall determine if the request for the release of information concerns a case or cases that either is or was pending in the Circuit Court of Cook County, Juvenile Justice Division, and if so, then place the case or cases on the call on the scheduled court date. The Assistant State's Attorney shall also inform the petitioner of the name and address of the minor's attorney and guardian ad litem if the Law Office of the Public Defender is not the attorney. If the Law Office of the Public Defender of Cook County is not or was not the attorney for the minor they shall notify the petitioner of the non-representation. 

Copyright 2014 by Circuit Court of Cook County