Emergency Intervention is a Family Court Services procedure conducted by an FCS mediator who serves as the court’s “emergency intervener” to assist a Domestic Relations Division judge who has reason to believe that a child may be in imminent danger (Rule 13.4).
Understanding Emergency Intervention
Emergency Intervention is a procedure in which a case is referred by a judge, deemed appropriate per FCS Emergency Intervention criteria, and accepted by FCS. The case is assigned to an FCS mediator (who serves as the court’s intervener, not as a mediator) for an assessment of what would best serve the interests of the child(ren) in a given and limited situation, where without such intervention, the child(ren) may be in “imminent danger.” It is designed to provide recommendations for an interim period –on a temporary, limited time basis.
When a judge has reason to believe that a child may be in imminent danger due to allegations of (1) Suspected Abuse or Neglect; (2) Abduction (real or threatened); or (3) a Dramatic Change in Parenting Effectiveness and Capabilities (sudden and/or dramatic changes in parenting capacity constituting a danger to the child), Emergency Intervention may be appropriate. A determinative question is: Is there a possibility that if the judge does not act today, may the child be injured or worse?
The Emergency Intervention Process
The judge must have all parties present -including the parents, the child(ren), and attorneys (including any GAL or Attorney for the child) present for the Emergency Intervention to commence. All children of the relationship must be present, not just the child at issue.
All minor children must be signed into the Children’s Advocacy Room located at 69 W. Washington, Suite 1000. Once all parties are present, the judge will then call an FCS “Resource Person” or a mediation supervisor to make a request for an Emergency Intervention.
Because the case is presented to the court as an “emergency,” the judge must call on the same morning that the Emergency Intervention is to occur, and a status hearing must take place to conclude the process. There are no “appointments” given for an Emergency Intervention. The reason for this policy is because due to the nature of the presenting family crisis, family circumstances could change rapidly, and it is possible that not all parties or attorneys may be present on that day.
Once it is determined that the Emergency Intervention will occur, the judge will enter a court order referring the parties to FCS, and will direct the parties and attorneys to report to the FCS office at 69 W. Washington St., Suite 1000. The court’s order must also indicate the time for all parties, including the Emergency Intervener, to appear in court for a status hearing before the end of the day. The court status hearing must occur on the same day.
The Intervener meets with and interviews both parents and all the children. The Intervener determines whether or not to meet with the parents together or separately. The Intervener must inform all parties interviewed that there is no confidentiality or privilege attached to the Emergency Intervention procedure; therefore, the Intervener may convey to the judge what was said during the process. If time and circumstances permit, the Intervener may meet with other available involved parties, such as stepparents, grandparents, or other family members. Due to time constraints, there is no guarantee that the Intervener will meet with other parties, unless the judge requires it.
Mandatory Reporters
FCS Emergency Interveners are mandated to report any suspicions of abuse or neglect of any minor child(ren) to the Department of Children and Family Services (DCFS). Emergency Interveners must explain the mandated reporting requirements of the Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq.
Finalizing Intervention Recommendations
When the Emergency Intervention is complete, the Intervener, all parties, and attorneys must appear at the designated time in the referring judge’s courtroom. Children should remain in the Children’s Advocacy Room, and not be present in the courtroom as the Intervener makes their report to the judge. The Intervener appears at the status hearing to make recommendations. The Intervener’s recommendations may be in writing and/or presented orally. If the parties reach their own agreement resolving the emergency issue during the Emergency Intervention, the Intervener may offer the agreement as part of the recommendations if the Intervener feels that the parties’ agreement serves the best interests of the child(ren).
Frequently Asked Questions
Emergency Intervention is a Family Court Services procedure conducted by an FCS mediator who serves as the court’s “emergency intervener” to assist a Domestic Relations Division judge who has reason to believe that a child may be in imminent danger.
The Emergency Intervener assists the judge to determine how to help a family in crisis by meeting with and interviewing parents and their children separately. If time and circumstances permit, the Intervener may speak with other available involved parties, such as stepparents, grandparents, or other family members. Due to time constraints, there is no guarantee that the Intervener will speak with other parties, unless the judge requires it. At the conclusion of the Emergency Intervention procedure, the Intervener must report the information collected in the interviews and offer recommendations to the court in the presence of the parents and their attorneys.
Yes. The court orders parents to bring all minor children of their relationship to be interviewed by the Emergency Intervener.
Childcare is available for minor children in the Children’s Advocacy Room during regular court hours of 8:30 a.m. until 4:30 p.m., Monday through Friday. Children must remain in the Children’s Advocacy Room for the duration of the Emergency Intervention proceeding and may only be removed by the Emergency Intervener for an interview. Children are allowed to leave the room when the judge concludes the emergency status hearing.
Yes. Attorneys are ordered to be present to begin the intervention process, and to be present in the courtroom for the emergency status hearing at the conclusion of the emergency intervention.
No. The emergency intervention process is not confidential or privileged and any statements made during the interview may be communicated to the court and subject to discovery.
No. All audio and visual recording or photography of any kind is strictly prohibited.