19A.4 Motion for Temporary Custody
(A) Motion for Temporary Custody
(1) A Motion for Temporary Custody shall be in writing and contain facts supporting findings of probable cause and urgent and immediate necessity as required by Ill. Rev. Stat., ch.37, par. 802-10[705 ILCS 405/2-10]. Previously filed petitions and affidavits may be incorporated by reference in the motion;
(2) Whenever the motion is made by the Department of Children and Family Services, the movant must submit an affidavit of efforts signed by a representative of the Department of Children and Family Services or the probation department in accordance with Ill. Rev. Stat., ch. 37, par. 802-10(2) [705 ILCS 405/2-10(2)], in substantially the form set out in Rule 19A.3.
(1) Where temporary protective custody is taken prior to the motion, notice to the parties must satisfy the Juvenile Court Act;
(2) In other cases, notice must be given in accordance with the Code of Civil Procedure and Circuit Court Rules.
(C) Time for Hearing
(1) When temporary protective custody has been taken, hearing on the motion shall be within forty-eight hours, exclusive of Saturdays, Sundays and court-designated holidays;
(2) When temporary protective custody has been taken, motions shall be heard on the court's emergency call.
(D) Pre-hearing Matters
(1) All exhibits, reports and evidence to be presented at the hearing shall be exchanged and pre-marked as exhibits;
(2) The parties shall reach a stipulation of uncontested facts pending adjudication.
(E) Temporary Custody Hearing Order
(1) The Temporary Custody Hearing Order will state the findings of the court and order the minor to remain or be returned home, or otherwise placed;
(2) An Order of Protection under Section 2-25 [705 ILCS 405/2-25] where appropriate, shall be used by the court, whether or not temporary custody is taken, to order or recommend conditions to be imposed on the parents, caretakers, or other parties, particular services to be provided to the family, and visitation pending adjudication;
(3) Any Order of Protection shall be on a separate form which states that it is incorporated into the Temporary Custody Hearing Order;
(4) A copy of the Temporary Custody Hearing Order and the Order of Protection shall be given to each party.
(F) Motion for Statutory Rehearing
(1) The motion, made upon filing of an affidavit of no actual notice or absence of the parent from the hearing, shall be treated as an emergency and set for rehearing not later than forty-eight (48) hours after filing, excluding Saturday, Sunday and legal holidays, in compliance with Ill. Rev. Stat., ch. 37, par. 802-10(4) [705 ILCS 405/2-10(4)].
(2) The statutory rehearing shall be treated as an original Temporary Custody Hearing as required by Ill. Rev. Stat., ch. 37, par. 802-10(4) [705 ILCS 405/2-10(4)]. The order entered shall comply with (E) above.
(G) Motion under Ill. Rev. Stat., ch. 37, par. 802-10(9) [705 ILCS 405/2-10(9)], to Modify or Vacate an Order Granting Temporary Custody
(1) The motion shall set forth facts, not available at the hearing at which the order granting temporary custody has entered, which satisfy the statutory grounds for granting a motion modifying or vacating order granting temporary custody;
(2) Notice must be given in accordance with the Code of Civil Procedure and Circuit Court Rules;
(3) The matter shall be set for hearing not later than fourteen days after such motion is filed, in compliance with Ill. Rev. Stat., ch. 37, par 802-10(9) [705 ILCS 405/2-10(9)];
(4) At the close of the hearing, a Section 2-10(9) [705 ILCS 405/2-10(9)] Hearing Order shall be entered.
[Adopted December 31, 1992, effective January 4, 1993.]