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05-1 Re: General Orders
05-2 Re: Weapons
05-3 Re: Requirement to Produce Minor
05-4 Re: Referral of a Case to Presiding Judge's
Office for Assignment - Sibling Transfers
05-5 Re: Clinical Services
05-6 Re: Reassignment of Cases - Substitution of Judge
and Recusal
05-7 Re: Instantered Cases
05-8 Re: Private Guardianship
05-9 Re: Parental Access to Court Files
05-10 Re: Docketing of Nonemergency Motions
05-11 Re: Scheduling of Nonemergency Motions and
Petitions for Fees
05-12 Re: Scheduling
05-13 Re: Geographic Assignment of Cases
05-14 Re: Regarding Filing of Certain Adoption Cases
05-15 Re: Court Family Conference
05-16 Re: Staggered Call
05-17 Re: Foster Parent Notification
05-18 Re: Appointment of Counsel after a Notice of Appeal
Has Been Filed
05-19 Re: Extended Temporary Custody Hearings
05-20 Re: Affidavits of Assets and Liabilities
05-21 Re: Case Management Conference - Adjudication
05-22 Re: Case Management Conference - Termination of Parental Rights
05-23 Re: Access to Court Files
05-24 Re: Fee Petitions in the Appellate Court
05-25 Re: Court Appointed Special Advocates (CASA)
05-26 Re: Appellate Status Calendar
05-27 Re: Change of Placement Information
05-28 Re: Confidential Documents
05-29 Re: Fee Petitions for Court Appointed Attorneys
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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-1
RE: GENERAL ORDERS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
All general orders previously
entered by the Presiding Judge of the Child Protection Division are vacated.
General orders issued numerically
beginning with 05-1 supercede any prior orders.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-2
RE: WEAPONS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
All police personnel who
are attending court in the Child Protection Division of the Juvenile Court Center
shall not enter any courtroom while armed.
This General Order supercedes
Child Protection General Order 00-3.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-3
RE: REQUIREMENT
TO PRODUCE MINOR
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The following procedure
shall be followed in all cases when Petitions to Adjudicate Wardship are filed
in the interest of minors in the protective custody of the Illinois Department
of Children and Family Services or in the custody of a private individual seeking
guardianship or who remain in the custody of their parents pursuant to an order
of protection.
- If the minor is five
years of age or older:
a. The Department shall produce the minor at the temporary
custody hearing, unless the minor is hospitalized for treatment or evaluation
or otherwise is too ill to attend said hearing.
b. If the minor is not produced at the temporary custody
hearing for any reason other than the reasons set for the in paragraph (a)
the custodian is required to make the child available to the attorney for
the minor within 10 working days of the temporary custody hearing, at a
specific time and date agreeable to the Guardian Ad Litem and the custodian.
- A minor under the age
of five need not be present at the temporary custody hearing. However, if
the minor is not present at the temporary custody hearing the custodian is
required to make the child available 10 working days prior to the date set
for the adjudicatory hearing.
- The order does not limit
or restrict the right of the minor to be present at adjudicatory or dispositional
hearings.
This General Order supercedes
Child Protection Division General Order 98-6.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-4
RE: REFERRAL OF
A CASE TO PRESIDING JUDGE'S OFFICE FOR ASSIGNMENT – SIBLING TRANSFERS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Transfers of pending cases
to join the pending cases of siblings shall be handled as follows:
If siblings have open cases
on more than one calendar, the case shall be referred to the Presiding Judge
for assignment of all of the siblings' cases to the Calendar with the most recent
open case, unless the sibling's cases were split by a grant of a Motion for
Substitution of Judge.
This General Order supercedes
Child Protection Division General Order 98-7.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-5
RE: CLINICAL SERVICES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The Department of Forensic
Clinical Services shall make reports on abuse, neglect, or dependency cases
available at least 72 hours prior to the court hearing for which the report
was ordered. These reports shall be available to the Judge, Hearing Officer,
the State's Attorney, the Guardian Ad Litem, the attorneys for the respondents,
Juvenile Probation Officers, and/or caseworkers of the Department of Children
and Family Services or its assigns.
The Department of Forensic
Clinical Services shall deliver a copy of the report to the Judge hearing the
case at least 72 hours prior to the hearing; representatives of the offices
named above shall make arrangements to pick up a copy for their offices.
This General Order supercedes
Child Protection Division General Order 98-8.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-6
RE: REASSIGNMENT
OF CASES – SUBSTITUTION OF JUDGE AND RECUSAL
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Cases subject to:
- An order granting a
substitution of judge,
- An order of recusal
(except when entered to allow siblings to join a sibling transferred by substitution
of judge),
shall be reassigned geographically
unless the case was previously assigned geographically, then it will be randomly
assigned among the remaining general abuse and neglect calendars.
All orders of recusal must
state the reason for the recusal in writing. All motions for substitution of
judge must be in writing and include the name of the moving party and the name
of the judge.
Any motion of substitution
of judge as or right, must be filed before the start of the Temporary Custody
Hearing, or before the judge in a newly reassigned case has made a substantive
ruling.
This General Order supercedes
Child Protection Division General Order 98-10 and 99-7.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-7
RE: INSTANTERED
CASES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The Clerk's Office shall
not release the files of cases that are not on the daily call, without the submission
of an instanter form signed by the judge or case coordinator.
This General Order supercedes
Child Protection Division General Order 98-14.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-8
RE: PRIVATE GUARDIANSHIP
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
If a private guardianship
is established, the judge entering the order, whether at disposition or later,
shall also enter a Private Guardianship Order #CCJP0660, Coded 8006, as revised
10/95. Private guardianship should be established only in those cases no longer
in need of monitoring by the court. Any motions for change in private guardianship
established in the Child Protection Division shall be filed in the Child Protection
Division.
This General Order supercedes
Child Protection Division General Order 98-17.
This order is entered
this date, May 25, 2005, and shall be spread or record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-9
RE: PARENTAL ACCESS
TO COURT FILES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
If a parent seeks to review
the court file of his or her child's case, the Clerk of the Court shall determine
whether an Illinois Domestic Violence Act Order of Protection is in effect which
precludes disclosure of the location of any other party. If such an order is
pending, the Clerk of the Court shall immediately request that the Office of
the Public Guardian review the file and remove or redact any and all documents
which would reveal or otherwise identify the location of the protected party.
This General Order supercedes
Child Protection Division General Order 98-18.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-10
RE: DOCKETING OF
NONEMERGENCY MOTIONS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The Clerk of the Court shall
not accept for filing any nonemergency motion which is scheduled less than three
(3) working days into the future.
This General Order supercedes
Child Protection Division General Order 98-21.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-11
RE: SCHEDULING OF
NONEMERGENCY MOTIONS AND PETITIONS FOR FEES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
All nonemergency motions
and petitions for fees shall be scheduled with the court coordinator before
filing with the Clerk of the Court. The moving party shall notify the court
coordinator as to whether the motion is contested or noncontested. All such
motions or petitions must follow the requisite notice and service requirements,
with a courtesy copy for the court delivered to the coordinator.
Each calendar judge shall
post their individual scheduling practice consistent with this order in the
waiting area outside their calendar and file it with the office of the Clerk.
The Clerk shall post all scheduling practices where they are available for public
view.
This General Order supercedes
Child Protection Division General Order 98-23.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
AMENDED GENERAL
ORDER 05-12
RE: SCHEDULING
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
All Temporary Custody Hearings
shall be scheduled at 11:00 a.m.
Cases in which protective
custody has not been taken at the time of screening shall be scheduled for hearing
within two (2) weeks after the screening date. Files for all these cases shall
be in their assigned calendars at 9:00 a.m., the day of the hearing. The Clerk
of the Court shall post a list of these temporary custody hearings on the building
directories no later than 9:00 a.m. on the scheduled hearing date.
Cases in which protective
custody has been taken at the time of screening shall be heard before protective
custody lapses.
This General Order supercedes
Child Protection Division General Order 98-24.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-13
RE: GEOGRAPHIC ASSIGNMENT
OF CASES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT
- New cases with no active
siblings originating in the geographic area previously assigned to Calendar
11-P pursuant to Child Protection Division General Order 99-6 shall be assigned
to Calendars 5-E, 10-J, and 13-M on a rotating basis.
- New petitions for children
who have siblings with open cases in this Division will be assigned to the
calendar of the siblings with most recent docket numbers.
- With the exception of
the cases covered in paragraph 2, all new petitions filed will be assigned
to the appropriate abuse and neglect courtroom geographically.
- A petition naming a
minor, whose mother is a minor respondent in a case pending on a calendar,
shall be assigned to the calendar on which the mother's case is pending
This General Order supercedes
Child Protection Division General Order 05-1, 98-25, and 99-6.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-14
RE: REGARDING FILING
OF CERTAIN ADOPTION CASES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Leave is granted to file
petitions for adoption in the County Division for cases designated Qualified
Adoption Cases;
For the purpose of this
order "Qualified Adoption Cases" are those cases:
- Accepted by the Expedited
Adoption Program of the Department of Children and Family Services and the
Chicago Bar Foundation.
- Submitted to the Expedited
Adoptions Program by the Probation Department, Abuse and Neglect Division,
the Kinship Permanency Planning Project of the Office of the Inspector General
of the Department of Children and Family Services, or by the Department of
Children and Family Services or its assigns; and
- In which the child has
resided for a substantial period of time with an appropriate adoptive family;
and
- An agent of the supervising
agency as listed above in Paragraph 2 has recommended that it is in the best
interest of the child that the contemplated adoption take place; and
- There is little likelihood
of contest by the natural parent, as evidenced by a consent to adoption, surrender
of custody and control of the child for purposes of adoption, death certificate,
termination of parental rights, or the whereabouts of the parent(s) are unknown
and have been for a substantial period; and
- All jurisdictional requirements
of the County Division can be met.
This General Order supercedes
Child Protection Division General Order 98-27.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL
ORDER 05-15
RE: COURT FAMILY
CONFERENCE
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT
- A Court Family Conference
shall be held 55 days after a Temporary Custody Hearing unless a petition
or motion for the termination of parental rights is pending or criminal charges
that arose out of the same facts that are the basis for the findings of probable
cause or urgent and immediate necessity are pending against one of the parties
to the action under the Juvenile Court Act. In cases in which there are allegations
of physical or sexual abuse and the alleged perpetrator is the custodial parent(s),
but no criminal charges are pending, the decision to proceed with the Court
Family Conference shall be at the discretion of the judge.
- (a) All parties must
appear in person at the Court Family Conference, except for the minor who
may appear through his/her attorney. The caseworker assigned to the case
also must appear. The failure to appear by one of the parties shall not prevent
the court from going forward with the Court Family Conference. If the parent(s)
are not present for the Conference, testimony shall be taken from the caseworker
regarding whether the parent received notice of the Court Family Conference,
what services are appropriate for the parent(s) and whether the services have
been offered, as well as all aspects of services to the children.
(b) If all parties are present for the Conference, the judge
shall conduct the conference off the record and summarize what happened
at the Conference for the record at its conclusion. If the parent(s) are
present for the Conference, the foster parents may participate unless the
parent(s) object(s). Any other person whose presence the parent(s) request
may participate in the Conference at the discretion of the judge.
(c) The parent(s) are not present, the court shall conduct
the Conference on the record.
(d) A foster parent who is present in court, but is excluded
form participation in the Court Family Conference, shall be afforded the
opportunity to be heard by the court before the judge concludes the proceedings.
- (a) The discussion at
the Court Family Conference shall focus on eliminating the cause that contributed
to the findings of probable cause or the existence of urgent and immediate
necessity. At the conclusion of the discussion the court shall set a target
date for return home or closure whenever possible. If the court determines
that setting a target date for return home or closure is not possible or premature,
the judge shall make clear to the parties and to the caseworker what needs
to be accomplished before the court will consider setting a target return
home date. The judge shall set out clear time frames in which the court expects
the parties and the caseworker to accomplish what must be done. (b) The
discussion at the Court Family Conference shall include services for the parent
and child contained in the service plan, which was filed with the court. The
plan for visits between the parent(s), child and/or any siblings shall also
be reviewed. If agreement is reached on changes to the service plan, the
changes shall be written on the service plan and initialed by the family.
Those parts of the plan that have been changed shall be photocopied and distributed
to the parties at the conclusion of the Conference. (c) If the service
plan has not been filed with the court prior to the conference, the court
shall proceed without it. The discussion shall focus on the services that
would be appropriate, ensuring that the parties and the caseworker have a
clear understanding of the expectations of the court. If the judge determines
that a second Court Family Conference is required to ensure that the case
plan is completed and that it addresses the needs of the family and the expectations
of the court, the court shall continue the Conference to the earliest date
possible allowing sufficient time to do the necessary work.
- The Court Family Conference
shall be scheduled in conjunction with the Case Management Conference. The
sequence in which these conferences are held shall be at the discretion of
the judge.
This General Order supercedes
Child Protection Division General Order 98-33.
The order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-16
RE: STAGGERED CALL
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
All continued cases shall
be scheduled for a time certain, in the following time designations: 9:00 a.m.,
9:30 a.m., 10:00 a.m., 10:30 a.m., 11:00 a.m., 1:30 p.m., 2:00 p.m., or 2:30
p.m.
This General Order supercedes
Child Protection Division General Order 99-1.
This order is entered
on this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-17
RE: FOSTER PARENT
NOTIFICATION
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
No hearing or proceeding
shall be conducted unless proof that adequate notice of such hearing or proceeding
has been given to the current foster parent (s), as required by 705 ILCS
405/1-5 (2)(a); or a waiver of notice signed by the current foster parent (s)
is presented to the court.
This General Order supercedes
Child Protection Division General Order 99-3.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-18
RE: APPOINTMENT
OF COUNSEL AFTER A NOTICE OF APPEAL HAS BEEN FILED
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
After a notice of appeal
has been filed, the Clerk of the Circuit Court shall forward to the Clerk of
the Appellate Court a certified copy of any order appointing counsel, vacating
an appointment of counsel or granting counsel leave to withdraw, along with
the appearance filed by any newly appointed counsel, immediately upon entry
of such order or filing of such appearance.
Counsel appointed in the
court to represent a party on appeal shall immediately file an appearance with
the Clerk of the Circuit Court.
This General Order supercedes
Child Protection Division General Order 99-5.
This order is entered
this date,May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-19
RE: EXTENDED TEMPORARY
CUSTODY HEARINGS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The Court shall hold Extended
Temporary Custody hearings in accordance with the provisions of this General
Order:
- The purposes of the
Extended Temporary custody Hearing, which shall include a hearing as well
as a joint interview meeting, are to ensure that:
a) children are removed from their homes only when no other
reasonable resolution is safe;
b) when a child is removed, trauma is limited by requiring,
if safe and appropriate, liberal parent/child visits;
c) children who cannot go home move directly to the best
placement possible;
d) parents and other family members understand why the state
has intervened, how the judicial process works and the types of services
in which they may be asked to participate
e) necessary services are quickly put into place, enabling
willing families, when appropriate, to start working immediately toward
reunification;
f) a problem-solving atmosphere is established at the outset
of the case, encouraging parties to work cooperatively toward the prompt
return of the child or placement in another appropriate permanent home;
g) litigation moves swiftly, by early completion of critical
court business such as service of process, setting of trial dates, and face-to-face
meetings between attorneys and their clients.
- The judge presiding
at a Temporary Custody hearing shall ensure that at least one hour is available
to conduct the hearing including the time set aside for the joint interview
meeting. The judge shall conduct the hearing in accordance with the provisions
of this Order and in accordance with the Extended Temporary Custody Hearing
Protocol, Child Protection Division, Circuit Court of Cook County, April 1999
(hereinafter "the Temporary Custody Protocol")
- At the start of the
Hearing, the judge shall require those parent to introduce themselves, state
their role in the case and their relationship to the child. Then the judge
shall describe the allegations in the petition, advise the parties of their
rights, appoint an attorney and guardian ad litem for the minor respondent
and an attorney for any indigent adult respondents.
- When these steps are
completed, the judge shall describe the nature of the meeting and its purposes.
The judge shall also include these admonishments to the parties:
"You are an essential part
of this meeting. However, you don not have to say anything during the meeting.
If you do choose to speak out at the meeting, you must understand that anything
you say can be used against you in these or other proceedings. You have
a lawyer and you should use your lawyer to be sure that all the facts you
want the court to know have been talked about by the parties. You should
feel free to step outside the room to talk privately with your lawyer at
any time. Please be sure that you have told your lawyer everything that
you think is important before the meeting starts. We all want a clear picture
of your family, so if you disagree with what is being said by the investigators
or social workers during this meeting, please tell your lawyer why you disagree
with what has been said."
- The judge shall appoint
one of the attorneys to act as a moderator at the meeting. The selection
of the moderator should rotate among the attorneys. The selection process
shall be explained to the parties. The moderator shall be prepared to answer
the judge's questions about the conference discussions after the presentation
of evidence. The moderator shall then conduct the meeting in a way that prompts
discussion of all the relevant issues, including any issues regarding whether
urgent and immediate necessity exists to remove a child from a caretaker.
The content of the meeting shall follow the description and checklist contained
in the Temporary Custody Protocol.
- The parent respondents,
their attorneys, the State's Attorney, attorney and guardian ad litem for
the minor respondent, the DCP investigator and any caseworker assigned to
the case who is present shall attend the meeting. Staff from the DCFS Office
of Legal Services may also attend. The minor respondent shall attend at the
discretion of the attorney for the minor.
- The meeting shall be
conducted outside the presence of the Court. No party can be compelled to
speak at the meeting Parties at any time during the meeting may confer privately
with their attorneys outside the presence of the others at the meeting. If
a party chooses to speak out at the meeting anything that is said can be used
against them in these and other proceedings.
- At the conclusion of
the meeting the attorneys shall ask the coordinator to alert the judge that
the parties are ready to resume the hearing. The judge shall reconvene the
hearing and proceed in accordance with Section 2-19 of the Juvenile Court
Act 705 ILCS 405/2-10.
- When the hearing is
reconvened, the judge shall hear evidence, stipulations and argument, and
shall enter the appropriate orders including orders regarding services, visitation
and custody. The judge may question the moderator about any matters discussed
at the conference.
- If the mother is present and paternity has not been established the judge shall order the mother to
sign an "Affidavit of Identification of the Father of the Child" before the
hearing is adjourned.
- At the conclusion of
the hearing the judge shall schedule a Court Family Conference 55 days from
the date of the Temporary Custody Hearing unless a Motion for Termination
of Parental Rights has been filed with the petition. He judge shall inform
the parties of the nature and purpose of the Court Family Conference and impress
upon them the importance of their attending this conference. Before leaving
court, parents shall be given the date and time of the Court Family Conference.
This General Order supercedes
Child Protection Division General Order 99-8.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-20
RE: AFFIDAVITS OF
ASSETS AND LIABILITIES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
No order appointing counsel
to represent an indigent party shall be entered until an Affidavit of Assets
and Liabilities has been completed and presented to the Court. The affidavit
shall be signed by the party and reviewed by the calendar judge using the indigency
guidelines distributed by the Presiding Judges before either the Office of the
Public Defender or an attorney from the Conflict Panel may be appointed. The
affidavit shall then be made part of the official court record.
When a party who claims
to be indigent appears in court for the first time, the Assistant Public Defender
shall provide the party with an Affidavit of Assets and Liabilities and help
in completing the form. After reviewing the affidavit, the Assistant Public
Defender will present it to the Court and state whether the office is seeking
appointment, or recommending that a bar attorney e appointed because of a conflict.
This General Order supercedes
Child Protection Division General Order 99-9 and 00-7.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-21
RE: CASE MANAGEMENT
CONFERENCE - ADJUDICATION
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Case Management Conferences
shall be conducted pursuant to Illinois Supreme Court Rule 218 by the judge
or an employee of the court designated by the judge. For purposes of Rule 218
and this General Order a case is considered at issue when service has been perfected
on the child respondent and at least one of the parent respondents.
Discovery going to the issues
to be decided at the adjudication shall be completed 30 days prior to the initial
case management conference. The initial case plan shall be provided to the
court and the parties pursuant to the statutory requirements.
In any case at issue, the
initial case management conference shall be scheduled to coincide with the Court
Family Conference. The sequence in which these two conferences are conducted
shall be at the discretion of the judge. Subsequent case management conferences
shall be scheduled by the court as appropriate.
At the conclusion of the
conference an order in accordance with Rule 218 (c) shall be entered on a form
approved by the Presiding Judge of the Child Protection Division. If the conference
is conducted by the judge's designee, the designee shall draft a proposed order
for review by the judge. If, after review, the judge enters the order, it shall
be binding on all parties unless the order is modified by a subsequent order.
The court shall ensure that a signed copy of the order is made available to
the attorneys for the parties after it is signed.
Once a Case Management Order
is entered, it may only be modified by a subsequent court order upon motion
of the court or the parties. Parties added after entry of a case management
order shall be bound by its provisions unless the new parties, by motion, request
relief from the provision contained in any prior Case Management Order.
This General Order supercedes
Child Protection Division General Order 99-10.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-22
RE: CASE MANAGEMENT
CONFERENCE – TERMINATION OF PARENTAL RIGHTS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Case Management Conferences
shall be conducted pursuant to Illinois Supreme Court Rule 218 by the judge
or an employee of the court designated by the judge. For purposes of Rule 218
and this General Order a case is considered at issue when service has been perfected
on the child respondent and at least one of the parent respondents.
At the conclusion of the
conference an order in accordance with Rule 218 (c) shall be entered on a form
approved by the Presiding Judge of the Child Protection Division. If the conference
is conducted by the judge's designee, the designee shall draft a proposed order
for review by the judge. If, after review, the judge enters the order, it shall
be binding on all parties unless the order is modified by a subsequent order.
The court shall ensure that a signed copy of the order is made available to
the attorneys for the parties after it is signed.
Once a Case Management Order
is entered, it may only be modified by a subsequent court order upon motion
of the court or the parties. Parties added after entry of a case management
order shall be bound by its provisions unless the new parties, by motion, request
relief from the provisions contained in any prior case management order.
This General Order supercedes
Child Protection Division General Order 99-11.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-23
RE: ACCESS TO COURT
FILES
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
The Coordinator of the Pro
Se Guardianship Assistance Program has access to all Child Protection Division
files on cases which they provide assistance.
This General Order supercedes
Child Protection Division Special Order 00-1,
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-24
RE: FEE PETITIONS
IN THE APPELLATE COURT
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT
All private court-appointed
counsel who prosecute or defend an appeal of a Child Protection Division case
in the Illinois Appellate Court shall file and present in the Illinois Appellate
Court, any petition for fees or costs relating to that appeal.
This General Order supercedes
Child Protection Division General Order 01-1.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-25
RE: COURT APPOINTED
SPECIAL ADVOCATES (CASA)
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT,
Court Appointed Special
Advocates of Cook County (CASA), an Illinois not-for-profit corporation, is
recognized by the Circuit Court of Cook County as a community service organization
established to provide trained community volunteers to report to the Court and
to make recommendations regarding the best interests of children in the Child
Protection Division of the Cook County Juvenile Court System.
In accordance with section
2-17.1 of the Illinois Juvenile Court Act, the Court may appoint CASA as monitor
to protect a minor's health, safety and best interest and to insure the proper
delivery of child welfare services. The court may consider, at its discretion,
testimony of the CASA pertaining to the well being of the child. CASAs shall
serve as volunteers without compensation. The Court may remove a CASA from
a case upon a finding that the CASA has acted in a manner contrary to the child's
best interest or if the Court otherwise deems continued service is unwanted
or unnecessary.
The presiding judge shall
administer an oath or confidentiality to each CASA that shall bind the CASA
to faithfully perform the duties set forth herein. As a court monitor, a CASA
shall undertake the following responsibilities:
- Interview the child.
- Interview other persons
with knowledge about the case, such as family members, foster family members,
and /or persons living in the family residence.
- Interview the teachers,
social workers, friends, counselors, therapists, treating medical personnel
and any other persons with relevant information about the child's well being.
- Investigate available
placement alternatives for the child, including but not limited to relatives,
non-relative foster placements, residential and group homes.
- Visit the child's placement
- Observe visits between
the child and his or her parents and/or proposed caretakers
- Observe visits between
the child and his or her siblings
- Submit written reports
to the court concerning changes in circumstances, recommendations for modifications
in disposition or compliance with DCFS service plan requirements and compliance
with the orders of the court.
- Appear in court at each
scheduled hearing.
- Continue contact with
the child, family members or others as ordered by the court to monitor progress.
- Submit a written report
to the court and therein set forth findings and recommendations to the best
interest of the child.
- Maintain confidentiality
of information concerning the child and/or parents.
In order to carry out these
responsibilities, a CASA shall be entitled to review all records and reports
including but not limited to the juvenile court file, law enforcement records,
medical records, counseling records and DCFS records except those specifically
exempt from disclosure under the AIDS Confidentiality Act (410 ILCS 305), the
Mental Health and Developmental Disability Act (740 ILCS 110); the Alcoholism
and Other Drug Dependency Act (20 ILCS 305) and /or the Child Sexual Abuse Prevention
Act (325 ILCS 15/5).
CASA will also administer
the Medically At Risk Kids ("MARK") Program with participating local hospitals.
Its purpose is to enhance outcomes of medically fragile children who are identified
by local hospitals as victims of abuse and neglect. The MARK Program seeks
to assign CASA volunteers to monitor the cases of medically fragile children
to ensure that they receive the appropriate medical care and to minimize the
potential for re-abuse. Once appointed to a MARK case, the Court Appointed
Special Advocate shall act in accordance with the rights and responsibilities
proscribed in this General Order.
CASA shall also be entitled
to notice of and admission to all scheduled court dates, service appeals, administrative
case reviews, staff meetings or conferences pertaining to the child and/or the
parents except for those meeting or conferences where some form of privilege
is attached.
As CASA is not a party
to the case, any petition, pleading or other filing of which CASA is the object
shall be brought before the presiding judge for resolution.
This General Order supercedes
Child Protection Division General Order 02-1.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-26
RE: APPELLATE STATUS
CALENDAR
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT
- Illinois Supreme Court
Rule 306A requires appellants to serve copies of all notices of appeal on
the trial judge. Those copies shall be served on the trial judge care of
the Presiding Judge's Office, 2245 West Ogden Avenue, 8th Floor,
Chicago, IL 60612. Copies of notices of appeal must be file stamped. In
addition to notices of appeal, this paragraph applies to all other filings
related to an appeal that Illinois Supreme Court Rules require to be served
on the trial judge.
- The status hearings required
by Illinois Supreme Court Rule 306A(d) shall be heard by a single Child Protection
Judge on a designated Appellate Status Calendar. No 306A(d) status hearings
will occur on the individual geographic calendars. The Appellate Status Calendar
will only hear 306A(d) status hearings and motions relating to those hearings.
The geographic calendars will continue to hear all matters relating to the
case other than those relating to Illinois Supreme Court Rule 306A.
- The Presiding Judge will
announce the dates, times, and locations of the Appellate Status Calendar.
These dates, times, and locations will be posted in the Clerk's Office and
other locations in the Juvenile Court Facility.
- At the time the notice
of appeal is filed the Clerk of the Circuit Court shall assign the initial
date on which the case will be heard on the Appellate Status Calendar and
will indicate that date on the notice of appeal.
This General Order supercedes
Child Protection Division General Order 04-1.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-27
RE:CHANGE OF PLACEMENT
INFORMATION
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF THIS COURT
The Illinois Department
of Children and Family Services ("DCFS") has agreed to provide the court and
parties of record with certain information relating to changes in placement
of children that the Cook County Child Protection Division has placed in the
custody or guardianship of DCFS. The information that DCFS has agreed to provide
consists of the child's name, case ID number, court docket number, case manager's
name and team, most recent placement date, and current living arrangement.
To facilitate this agreement,
- DCFS shall provide this
information by computer printout on a daily basis. The computer printout
may contain codes and DCFS will periodically distribute updated keys to any
codes. The computer printouts shall be made available to the attorney offices
(State's Attorney, Public Defender, and Public Guardian) through the DCFS
service plan distribution center. Copies of the computer printouts and keys
shall be posted in the conflict bar attorney office. In addition, DCFS may
choose to distribute this information in any other manner.
- The computer printout
shall reflect the best available information on the date that the placement
change is entered in the DCFS computer system. Children shall appear on the
computer printout on the next day following (excluding Saturdays, Sundays
and court holidays) the dates that their placement changes are entered into
the DCFS computer system.
This order does not modify
any DCFS rule or procedure regarding placement change notification.
This General Order supercedes
Child Protection Division General Order 04-2.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL
ORDER 05-28
RE: CONFIDENTIAL
DOCUMENTS
IT IS HEREBY ORDERED
THAT:
EFFECTIVE IMMEDIATELY
AND UNTIL FURTHER ORDER OF COURT:
Upon motion of any party,
a Child Protection Judge may order the Clerk of the Circuit Court to maintain
specified documents containing mental health evaluations or other protected
information or reports in a separate envelope or folder within the court file.
This separate envelope or folder shall be clearly marked "CONFIDENTIAL" and
shall not be removed nor its contents reviewed or distributed until further
order of court.
This order is entered
this date, May 25, 2005, and shall be spread of record and published.
Patricia Martin
Bishop
Presiding Judge
Child Protection Division
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION
GENERAL ORDER 05-29
RE: FEE PETITIONS
FOR COURT APPOINTED ATTORNEYS
IT IS HEREBY ORDERED
THAT:
- Effective April 3, 2006
all attorney fee petitions for court appointed attorneys must be filed by
the earlier of : A) 30 days after entry of a final order closing the
case, or B) six (6) months after the attorney performed the service or incurred
the cost.
- Attorneys who have cases
with outstanding current obligations greater than six (6) months old must
file, and motion for hearing, attorney fee petitions for those obligations
by April 3, 2006.
This order is entered this
date, May 25, 2005, and shall be spread of record and published.
Patricia Martin Bishop
Presiding Judge
Child Protection Division |