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TABLE OF CONTENTS
PART 19A. ABUSE, NEGLECT AND DEPENDENCY PROCEEDINGS
19A.1 Petition and
Supplemental Petition
(A) Form of the Petition or Supplemental Petition
(B) Time and Procedure for Filing a Supplemental Petition
19A.2 Answer and Motion
with Respect to Pleadings
(A) Form and Content of Answer
(B) Time for Filing
19A.3 Affidavit of
Efforts
19A.4 Motion for Temporary
Custody
(A) Motion for Temporary Custody
(B) Notice
(C) Time for Hearing
(D) Prehearing Matters
(E) Temporary Custody Hearing Order
(F) Motion for Statutory Rehearing
(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
19A.5 Adjudication
of Wardship
(A) Time of Hearing
(B) Stipulations and Admissions
(C) Order and Findings of Fact
19A.6 Disposition
Motion
(A) Time of Hearing
(B) The Hearing
(C) Disposition Order
19A.7 Post Disposition
Motion for Change of Placement
19A.8 Permanency Planning
19A.9 Termination
of Parental Rights
(A) Petition
(B) Default Hearings
(C) Uncontested Cases
19A.10 Motions
19A.11 Modification
of an Order
19A.12 Discovery
(A) Limited Discovery Upon First Court Appearance
(B) Limited Discovery Subsequent to the First Court Appearance
(C) Judicial Management of Discovery
19A.13 Telephone
Conferences
19A.14 Pre-hearing
Conference
19A.15 Scheduling
Review
19A.16 Contents of
Stipulation
19A.17 DCFS Objection
to an Order
19A.18 Records and
Exhibits
(A) Preservation of Records and Exhibits
(B) Obtaining Transcripts
19A.19 Child Protection Mediation Program
19A.20 Filing of
Information with the Court
Apendix A
Appendix B
Appendix C
PART
19A. ABUSE, NEGLECT AND DEPENDENCY PROCEEDINGS
19A.1 Petition and Supplemental Petition
(A) Form of the Petition or Supplemental Petition
(1) Every action in the abuse, neglect and dependency
section of the Juvenile Division shall be commenced by the filing
of a Petition for the Adjudication of Wardship. Allegations may
be added by filing a supplemental petition.
(2) Each petition shall be verified, but the statements
may be on information and belief. The verification shall be signed
by an appropriate staff member of the Illinois Department of Children
and Family Services, or other informant.
(3) The State's Attorney or other attorney representing
the petitioner, if represented, shall sign the petition.
(4) The form of the petition in Appendix A shall
be used.
(5) The petition shall include in its caption the
most important allegation and statutory citation. If available,
include in the petition (a) the family folder number; (b) the
attorney code; (c) the key date of Department of Children and
Family Services staff member assigned to the case, (d) DCFS identification
number.
(B) Time and Procedure for Filing a Supplemental
Petition
(1) Within the fourteen (14) day period following
the filing of the original petition, any party may file a supplemental
petition without leave of court. Notice shall be given to all
parties and the Department of Children and Family Services.
(2) After expiration of the fourteen (14) day period,
Notice of Motion for Leave to file a supplemental petition, shall
be given to all parties and Department of Children and Family
Services.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.2
Answer and Motion with Respect to Pleadings
(A) Form and Content of Answer
All answers must be filed in writing. The answer
may deny all legal conclusions in the petition generally. The
answer shall admit or deny each factual allegation, state that
the respondent lacks knowledge sufficient to form a belief and
attach an affidavit of the truth of the statement of lack of knowledge,
or refuse to answer based on the respondent's Fifth Amendment
right against self incrimination.
(B) Time for Filing
An answer or motion with respect to pleadings must
be filed within twenty one (21) days after the date of the filing
of the petition or the Rule 19A.1 Section B supplemental petition
whichever is later. Upon motion and a showing of good cause the
court may extend the time for filing.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.3
Affidavit of Efforts
(A) Any motion for a temporary custody hearing filed
by the Department of Children and Family Services in the case
of an alleged abused, neglected or dependent minor, must be accompanied
by an affidavit signed by a representative of the Department of
Children and Family Services setting forth the efforts taken by
the Department of Children and Family Services to prevent or eliminate
the necessity of removal of the minor from his or her home. This
affidavit shall be attached to the motion.
(B) The affidavit shall be substantially in the
following form:
| STATE
OF ILLINOIS
COUNTY
OF COOK |
)
)
) |
|
IN
THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION |
| IN THE
INTEREST OF
___________________
A Minor |
)
)
)
)
)
) |
No. |
AFFIDAVIT DOCUMENTING DCFS EFFORTS
I, __________________________________________, certify
and state as follows:
1. I am a(n) investigator / DCFS caseworker (circle one) assigned
to the above captioned case.
2. The event(s) that brought this case to the attention of DCFS
at this time is:
____________________________________
3. The specific reason(s) I have identified that lead(s) DCFS
to place or consider placing the child are as follows:
____________________________________
The above information is based on:
_____My own personal knowledge.
_____Information received from other sources, which I believe
to be true.
4. Based on the reason(s) I have identified, (check one):
_____(a) The specific efforts (with names of providers, if applicable)
that were made to prevent placement are explained and described
below:
_______________________________
_______________________________
or
_____(b) Under the circumstances, no efforts would prevent placement
of the child because of the following:
____________________________________
____________________________________
The above information is based on:
_____My own personal knowledge.
_____Information received from others, which I believe to be true.
Under penalties provided by law, pursuant to Section 1-109 of
the Illinois Code of Civil Procedure, I certify that the statements
set forth above are true and correct, except as to matters stated
above on information and belief as to these matters. I certify
that I believe those statements to be true.
__________________________________________
(Signature)
__________________________________________
(Date)
[Adopted December 31, 1992, effective January 4,
1993.]
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.
(B) Notice
(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.]
19A.5
Adjudication of Wardship
(A) Time of Hearing
(1) Hearing shall be held within 90 days of service
of process upon the parents of the minor, any guardian or legal
custodian;
(2) Continuances of the hearing may be obtained
for a period not to exceed 30 days, unless all parties consent
and the court approves.
(B) Stipulations and Admissions
(1) Parties are encouraged to stipulate to facts
not in dispute;
(2) Before accepting a stipulation or admission,
the court shall determine that the parties understand the content
and consequences of the admission or stipulation, and that they
voluntarily consent;
(3) Written copies of the admission or stipulation
shall be filed, and provided to parties and their counsel.
(C) Order and Findings of Fact
(1) The written order shall specify the statutory
sections found to have been violated;
(2) Following the close of evidence and argument
the Court may reserve ruling for a period not to exceed five days.
The court may enter any findings of fact in writing or orally
into the record.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.6
Disposition Motion
(A) Time of Hearing
(1) Hearing shall be held within 30 days after the
findings at the adjudication hearing. The cause may be continued
once not to exceed 30 days when necessary to complete the social
investigation;
(2) The time limits may be waived only by consent
of all of the parties and approval of the court.
(B) The Hearing
(1) The social investigation shall be provided to
the parties and counsel at least 5 days prior to the dispositional
hearing. The court may waive this rule.
(2) The preparer of the social investigation shall
appear at the hearing;
(3) All exhibits shall be pre-marked.
(C) Disposition Order
(1) The Disposition Order entered by the Judge shall
be on forms provided by the Clerk of the Court;
(2) Any Order of Protective Supervision under Section
2-24 [705 ILCS 405/2-24] or Order of Protection under Section
2-25 [705 ILCS 405/2-25] shall be on a separate form and shall
state that it is incorporated in the Disposition Order.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.7
Post Disposition Motion for Change of Placement
(1) The court shall enter a new Disposition Order,
a Temporary Custody Hearing Order, or a Section 2-10(9) [705 ILCS
405/2-10(9)]Hearing Order, depending on the nature of the motion
being heard, at all post disposition hearings of requests for
change of placement of a minor which are being sought after the
original Disposition Order has been entered.
(2) A 2-25 [705 ILCS 405/2-25] Order of Protection
or a 2-24 [705 ILCS 405/2-24] Order of Protective Supervision,
where appropriate, shall be used by the court 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.
(3) Any Order of Protection or Order of Protective
Supervision shall be on a separate form and shall state that it
is incorporated into the order being entered.
(4) A copy of the order that changes placement and
the Order of Protection or the Order of Protective Supervision,
if applicable, shall be given to each party.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.8
Permanency Planning
(Reserved)
19A.9
Termination of Parental Rights
(A) Petition
Every request for termination of parental rights
in which there is an action pending in the Abuse, Neglect and
Dependency Section of the Juvenile Division shall be commenced
by filing a petition or a motion, in compliance with 705 ILCS
405/2-13, in the pending abuse, neglect or dependency case of
the minor. The petition shall include the statutory ground for
termination and may be supplemented or amended, and may incorporate
findings in any adjudication of a petition for abuse, neglect
or dependency.
(B) Default Hearings
(1) The court shall determine that proper notice
has been given and record its findings;
(2) Petitioner shall present affidavits, which satisfy
Supreme Court Rule 191, or witnesses.
(C) Uncontested Cases
The court shall conduct a hearing when parents voluntarily
consent or surrender the minor or fail to contest the case. At
the hearing petitioner shall make a prima facie showing that there
is a legal basis for the termination of parental rights, and:
(1) If the parent is present in court, the court
shall determine whether the parent fully understands the consequences
of a consent or surrender, and right to representation by counsel;
(2) If the parent is not present in court but has
signed a consent or surrender, the court shall determine whether
there has been compliance with all state law requirements regarding
a written voluntary consent or surrender and whether the parent
was thoroughly advised of and understood the consequences of consent
or surrender.
(3) If the parent is not present in court and has
not signed a consent or surrender but has failed to contest the
termination, the court shall determine whether the parent has
been given proper notice of the proceedings.
[Amended, effective April 10, 2000 ]
19A.10
Motions
After the petition is filed, all requests for action
by the court shall be made by motion. Motions and Notice of Motions
will be made pursuant to the Code of Civil Procedure, Supreme
Court Rules and Rules of the Circuit Court. Emergency motions
shall be made pursuant to Circuit Court Rule 2.2.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.11
Modification of an Order
(A) A motion asking that an order previously entered
by the courts should be modified shall:
(1) be headed with the caption of the case;
(2) be titled "Motion to Modify an Order (name of
order) entered (date of order)";
(3) state the part of the order to be modified,
clearly indicating, when applicable, the section by letter or
number, the modification sought, the reason(s) for the modification,
and that the modification is in the best interest of the minor;
(4) if necessary, attach an affidavit stating further
facts in support of the motion.
(B) Order
The order entered on the motion shall state:
(1) whether the motion is granted or denied;
(2) that the order is in the best interest of the
minor;
(3) the name of the order being modified;
(4) the date the order being modified was entered;
(5) the provision of the order being vacated, if
any; and
(6) the modification.
(C) A motion to modify and modification order shall
not be used to change the placement of a minor.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.12
Discovery
(A) Limited Discovery Upon First Court Appearance
Upon the first court appearance by counsel for respondent,
the state shall provide counsel with any documents used to provide
information supporting the allegations in the petition including
but not limited to the DCFS Request for Filing Abuse/Neglect Petition
and any similar documents.
(B) Limited Discovery Subsequent to the First Court
Appearance
Discovery limited to written requests for information,
documents, records, or evidence available for inspection, testing,
copying or photographing may be undertaken between the parties
without the leave of court. Any party receiving such a written
request shall, within ten days, excluding weekends and court holidays,
comply with the request or provide a written explanation of the
reasons for non-compliance to the parties and the court.
(C) Judicial Management of Discovery
All provisions for discovery set out in the Supreme
Court Rules are enforceable in the Juvenile Division for good
cause shown at the discretion of the court.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.13
Telephone Conferences
Motions relating to discovery, service of process,
or case scheduling may be heard by telephone conference call.
Any party may request a court reporter to transcribe the conference.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.14
Pre-Hearing Conference
(A) The court may convene a pre-hearing conference
on its own motion or upon the request of any party.
(B) Depending upon the circumstance of the case,
the purposes of pre-hearing conference shall be to:
(1) Review efforts to locate and serve all parties;
(2) Determine whether the child shall be present
and testify at adjudication and, if so, under what conditions;
(3) Conclude any unresolved discovery matters;
(4) Identify issues of law and fact for trial;
(5) Develop a list of possible witnesses with a
brief summary of their testimony and stipulations; and
(6) Confirm the trial date and estimate the length
of the trial.
(C) Parties shall have a continuing obligation to
update information provided during the pre-hearing conference.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.15
Scheduling Review
In non-emergency matters, a scheduling review may
be held prior to the hearing date by the judge or the judge's
designee. At the scheduling review all reports, documents, stipulations,
agreements, and proposed agreed orders will be tendered to the
court. If any required report, document, stipulation, agreement,
or proposed agreed order cannot be tendered at the scheduling
review, the reason for the failure to tender and the date the
court can expect to receive it shall be given. The hearing will
then either be rescheduled or the parties held to the original
hearing date.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.16
Contents of Stipulation
(A) The parties shall provide the court with the
following information in connection with any stipulation or uncontested
adjudication:
(1) Agreed upon facts supporting an adjudication
of neglect, dependency or abuse; and
(2) Agreed upon facts supporting court involvement
regarding parental problems, conduct or condition.
(B) Before accepting a stipulation or an admission
the court shall determine that the parties understand the content
and consequences of the admission or stipulation and that they
voluntarily consent. Written copies of the stipulation shall be
provided to the parties and their counsel.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.17
DCFS Objection to an Order
Within seven (7) days of receiving an order including
provisions for DCFS to provide any services to any party to a
matter pending in the Juvenile Division, DCFS may on motion request
that the order be vacated or modified. The motion shall state
the grounds for the objection and otherwise conform to these rules.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.18
Records and Exhibits
(A) Preservation of Records and Exhibits
A verbatim record of all stages of the proceedings
shall be kept, either by stenographic reporter or recording device.
Exhibits admitted into evidence shall be retained by the court
for seven years after the dismissal of all proceedings regarding
child, unless preservation of the exhibit is impractical or the
parties agree that it is no longer necessary.
(B) Obtaining Transcripts
Transcripts shall be available to attorneys for
parties on request. Transcripts ordered by the court or parties
shall be tendered within thirty (30) days.
[Adopted December 31, 1992, effective January 4,
1993.]
19A.19 Child Protection Mediation Program
(i) Actions eligible for referral to mediation.
(a) Child Protection Cases. Pursuant to Supreme Court Rule 905(a), the Child Protection Mediation Program shall make mediation available in all cases involving the custody of or visitation with a child that are initiated under article II of the Juvenile Court Act of 1987. The mediation program focuses on issues pertaining to temporary or permanent custody and visitation. Any matter or conflict that may be delaying or impeding visitation or any custody determination is appropriate for mediation. When the court determines that a matter is appropriate for mediation it shall be referred to mediation regardless of the stage of the child protection proceeding. However, cases shall be excused from mediation if the court determines that an impediment to mediation exists. In Child Protection cases, attorneys, social workers, CASA volunteers, family members, or any other individual involved in the case may request that it be referred to mediation. The Court may also refer cases to mediation sua sponte and over any party's objection.
(b) Other Cases. Pursuant to Supreme Court Rule 905(a), the Child Protection Mediation Program shall make mediation available in all cases involving custody of or visitation with a child that are initiated under articles III and IV of Juvenile Court Act of 1987, and guardianship matters involving a minor under article XI of the Probate Act of 1975. Any matter or conflict that may be delaying or impeding visitation or any custody determination is appropriate for mediation. When the court determines that a matter is appropriate for mediation it shall be referred to mediation regardless of the stage of the proceeding. However, cases shall be excused from mediation if the court determines that an impediment to mediation exists. In such cases, attorneys, social workers, probation officers, family members, or any other individual involved in the case may request that it be referred to mediation. The Court may also refer cases to mediation sua sponte and over any party's objection.
(ii) Appointment, qualifications and compensation of the mediators.
(a) Appointment of Mediators. The Presiding Judge of the Child Protection Division, with the consent and approval of the Chief Judge of the Circuit Court of Cook County, will appoint mediators.
(b) Mediator Qualifications. Mediators shall possess one or more of the following: (1) a bachelor's, master's, or doctoral degree in psychology, social work, marriage and family therapy, conflict resolution, or other behavioral science, substantially in the field of juvenile and family law related to family relations, domestic violence, or child development, from an accredited college or university; (2) a Juris Doctorate degree with demonstrated experience; or (3) a background in mediation with experience acceptable to the Court to be served. All mediators hired after the adoption of this rule shall successfully complete a minimum 40-hour mediation training skill program conducted by the Center for Conflict Resolution or comparably recognized training program, or provide verifiable evidence of prior successful completion of such a program and recent mediation experience acceptable to the Presiding Judge of the Child Protection Division. Mediators shall also have knowledge and/or experience in the workings of the local child protection and juvenile court systems, the dynamics of child welfare administration, and local community resources.
(c) Mediator Compensation. Mediators will be compensated pursuant to personnel grade levels as approved by the Cook County Board.
(iii) Scheduling of mediation conferences. Referral to mediation shall be made by Order to Mediation. Mediation sessions shall be held at a location provided by the Court. When a case is referred to mediation, program staff will prepare all necessary court orders and will work with court personnel, the parties, and other involved individuals to schedule a date and time for the initial mediation session and any subsequent sessions that may be required to fully address the referred issues and other issues raised during the initial session. All individuals expected to participate in mediation sessions must complete intake forms and submit them to mediation staff. When a case is ordered to mediation, a return date before the Judge will also be set.
(iv) Conduct of the conferences.
(a) Who May Participate. The Court may order and the Child Protection Mediation Program anticipates that parents, guardians, foster parents, attorneys, guardians ad litem, social workers, and CASA volunteers will actively participate in the mediation sessions. Other professionals involved with the family, such as counselors, sponsors, and school personnel may be included. In addition, in some cases individuals involved with a participant in a supportive capacity may be permitted to accompany the participant to mediation and to participate in the session if his or her participation is likely to help resolve the issues. However, the actual list of participants included in any mediation session will be determined on a case-by-case basis. Following the initial mediation session, subsequent sessions may be scheduled which include various combinations of individuals who participated in the initial sessions, as well as others who did not previously participate. The mediators have the discretion to exclude an individual if they determine that doing so would advance the mediation process and the discussion focused on the best interests of the child.
The mediators may conduct a child interview prior to the session to determine whether it is appropriate for the minor to participate in the mediation. The minor's guardian ad litem, attorney, and/or case manager may be present during the interview. The Child Protection Mediation Program shall make all final determinations as to the appropriateness of a minor's participation in the mediation process.
(b) The Mediation Process. The Child Protection Mediation Program typically utilizes a facilitative co-mediation model which involves: an orientation by one of the mediators; brief opening statements by each of the participants; open discussions facilitated by the mediators; and caucuses with select individuals in various combinations as needed.
(c) Use of Interpreters. Whenever possible, the mediation conferences shall be conducted in the shared language of the participants. When the participants speak different languages, court-certified interpreters will be assigned to translate.
(v) Discovery. Pursuant to the Uniform Mediation Act, 710 ILCS 35/1 et seq., mediation communications are privileged against disclosure and not subject to discovery or admissible in evidence in a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery. Mediation communications are also privileged against disclosure and not subject to discovery or admissible in evidence in a legislative hearing or similar process. Disclosure of mediation communications shall not be compelled in any arbitration, administrative hearing, adjudication, civil action, or non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given. Evidence or information that is otherwise admissible or subject to discovery does not become inadmissable or protected from discovery solely by reason of its disclosure or use in mediation.
(vi) Absence of party at conference and sanctions. Participation in all mediation sessions required to address the issues referred to mediation, and other issues raised during the initial session, is mandatory for all persons ordered by the court to participate. A mandated person who fails to participate in the mediation may be subject to court-ordered sanctions. Upon agreement of those present, a mediation session may proceed in the absence of an ordered individual if the mediators deem it appropriate.
(vii) Termination and report of mediation conference.
(a) Termination. Each session will end with the consensus of the parties unless a mediator determines the session should be terminated prior to such consensus. The mediators shall have the power to suspend or terminate the mediation process if it is determined that the mediation cannot be conducted in a safe and balanced manner. The mediator shall also suspend or terminate the mediation process if it is determined that any party is unable to participate in an informed manner for any reason, including fear or intimidation.
(b) Mediation Report. A mediation report, indicating the number of sessions conducted pursuant to the Order to Mediation, and a continuance order shall be completed by the mediators at the end of each mediation session and submitted to the Court. The report shall also inform the Court if an ordered party failed to appear. Additionally, the report shall indicate whether the mediation parties reached full agreement, partial agreement, or no agreement. Any agreement reduced to writing shall be attached to the mediation report. Oral agreements will be recorded as no agreement for the purpose of the mediation report. If the mediation did not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated amongst the parties in attendance, and whether the case has been or will be reset for mediation. If, after the initial meeting, it was determined that the case was not suitable for mediation at the time, the report will so indicate.
(viii) Finalization of agreement. If agreement is reached by the mediation parties and they wish to reduce their agreement to writing, the mediators will assist the mediation parties in memorializing their agreement. Any executed Memorandum of Agreement is tendered to the Court for approval. Once the Court approves and enters the Memorandum of Agreement, it is fully enforceable by the Court.
(ix) Confidentiality. Except as provided in paragraph (a) below, all mediation communications occurring during the course of the Child Protection mediation process shall remain confidential in accordance with the terms of the Uniform Mediation Act. Mediation communications shall not be disclosed in meetings, case reviews, staffings, or in similar settings. In addition, mediation communications shall not be recorded in memoranda, case notes, reports, case plans, uniform progress reports, or similar documents.
(a) Exceptions. In the Cook County Child Protection mediation process, any mediator or mediation participant may disclose:
(1) new allegations of abuse or neglect that are revealed during the mediation process;
(2) threats or statements made in mediation where failure to disclose is likely to result in serious or imminent harm to any person;
(3) communications that activate mandatory reporting obligations, in accordance with the provisions of the Abused and Neglected Child Reporting Act (325 ILCS 5/1-5/4), of any mediator, mediation party, or nonparty participant;
(4) mediation communications that are included in any Memorandum of Agreement ; and
(5) as otherwise expressly provided by law.
(x) Mechanism for reporting to the Supreme Court on the mediation program. The Circuit Court of Cook County through the Office of the Chief Judge shall report to the Supreme Court the number of cases submitted to mediation pursuant to this rule. This report shall also contain the type and number of issues resolved through the mediation program. Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.
[Amended, effective May 6, 2008.]
19A.20
Filing of Information with the Court
A copy of all documents, records or other materials,
including but not limited to all Illinois Department of Children
and Family Services reports and evaluations and clinical or diagnostic
psychological and psychiatric reports considered in the evaluation
of the minor, the family of the minor and all members of the minor's
household and all other relevant material, shall be filed with
the Court prior to any hearing on any petition involving the minor
and/or the family of the minor. Any material submitted to the
Court pursuant to this paragraph shall be held strictly confidential.
The person or agency submitting the documents, records or other
materials may submit a request to the Court limiting release of
the information. If a request is submitted, the Court may only
release the information after an in-camera inspection of the material,
notice to interested parties, and a hearing to determine whether
any of the information is privileged or protected under any statute
of the State of Illinois. If the Court decides that the material
is neither privileged nor protected, then the Court may release
the information, if the release is in the best interest of the
child.
[Adopted December 28, 1993, effective January 1,
1994.]
APPENDIX A
PETITION FOR ADJUDICATION OF WARDSHIP
| STATE OF ILLINOIS
COUNTY OF COOK |
)
) SS
) |
|
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION |
| IN THE INTEREST OF
Minor(s) |
)
)
)
)
)
) |
No. |
PETITION FOR ADJUDICATION OF WARDSHIP
___ ORIGINAL ___SUPPLEMENTAL ___ ____________________SUPPLEMENTAL
Now comes __________________________________, and
petitions this court to adjudicate_______________________,
a ward of the court. In support, petitioner, on oath or affirmation,
based on information or belief states as follows:
1. __________________________________________ is a (male/female)
minor born on______, 19___, who
resides or may be found in this County at ____________________________________________,
Illinois ___________.
2. The names and residence addresses of the minor's parents, legal
guardian, and/or custodian
| |
Name |
Residence Address |
City and State |
| Father: |
|
|
|
| Mother: |
|
|
|
Legal
Guardian: |
|
|
|
| Custodian: |
|
|
|
The minor and the persons named in this paragraph
are designated respondents.
3. The minor was
_____ not taken into protective custody.
_____ taken into protective custody on _____, 19______, at ______(a.m./p.m.).
4. A Temporary Custody hearing has been set for ____, 19_____,
at______(a.m./p.m.).
( )5. The minor was neglected pursuant to Juvenile Court Act,
section
_____ 2-3(1)(a), (lack of care), the facts supporting this are
_______________________
_____ 2-3(1)(b), (injurious environment), the facts supporting
this are ______________
_____ 2-3(1)(c), (drug exposed infant), the facts supporting this
are ________________
( )6. The minor was abused pursuant to Juvenile Court Act, section
_____ 2-3(2)(i), (physical abuse), the facts supporting this are
___________________
_____ 2-3(2)(ii), (substantial risk/physical injury), the facts
supporting this are ________
_____ 2-3 (2) (iii), (sexual abuse), the facts supporting this
are ____________________
_____ 2-3 (2)(iv), (torture), the facts supporting this are __________________________
_____ 2-3(2)(v), (excessive corporal punishment), the facts supporting
this are _________
7. The minor is dependent pursuant Juvenile Court Act section
2-4, the facts supporting this are_____________________________________________________________
8. It is in the best interest of the minor and the public that
the minor be adjudged a ward of the court.
WHEREFORE, petitioner prays that the minor be adjudged a ward
of the court and that the court enter such orders as are in the
best interest of the minor and other relief under the Juvenile
Court Act.
__________________________________________
Petitioner
__________________________________________
Family Folder Number ___________________
Key Date of individual responsible for case ______________
MARS/CYSIS Number _____________________________
VERIFICATION
I, _________________________________, being first
duly sworn on oath, depose and state that I am (an employee of
the Illinois Department of Children and Family Services/ ___________________________),
that I have read the foregoing Petition and am familiar with the
contents and allegations contained therein and that, to the best
of my knowledge and belief, the contents and allegations are true
and correct.
__________________________
Subscribed and sworn to
before me __________,19____.
__________________________
Notary Public of the
Clerk of the Court
[Adopted December 31, 1992, effective January 4,
1993.]
APPENDIX B
Motion for Temporary Custody
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION |
| IN THE INTEREST OF
Minor(s) |
)
)
)
)
)
) |
No. |
MOTION FOR TEMPORARY CUSTODY
Now comes ____________________, and moves this court
to appoint _________________________temporary
custodian of _________________________________.
In support, petitioner states as follows:
1. There is probable cause that the minor is (abused/neglected/dependent),
pursuant to Ill. Rev. Stat., ch. 37, par. _____________[705 ILCS
5/___], as detailed in the attached Petition for Adjudication
of Wardship.
2. There is immediate and urgent necessity to take the child into
temporary custody, pursuant to Ill. Rev. Stat., ch. 37, par. 10
[705 ILCS 5/5], in that ____________________________________________________
___________________________________________
3. Reasonable efforts
_____ have been made but have not removed the immediate and urgent
necessity to remove the child from the home.
_____ cannot prevent or eliminate the necessity of removal of
the minor from the home.
_____ have not been made.
_____ does not apply (private or temporary custodian).
WHEREFORE, petitioner moves this court to enter a Temporary Custody
Order appointing _____________________, in
accordance with this motion and enter appropriate findings.
__________________________________________
[Adopted December 31, 1992, effective January 4,
1993.]
APPENDIX C
Notice of Motion
IN THE CIRCUIT COURT OF
COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, JUVENILE DIVISION |
IN RE THE PETITION
OF ADJUDICATION
OF WARDSHIP OF
Minor(s) |
)
)
)
)
)
) |
No. |
On _________, 19_____at _______.m., or as soon thereafter
as counsel may be heard, I shall appear before the
Honorable ___________________________________, or any judge sitting
in his/her stead, in courtroom
number ______________in the Juvenile Court Building, Chicago,
IL, or the courthouse located at ______________________ and present
the attached pleading requesting:___________________________________
______________________________________________
Attorney Signature:__________________________
Name:
Attorney for:
Address:
City, State, Zip:
Telephone:
Attorney Code Number:
___________________________________________
CERTIFICATE AND AFFIDAVIT OF DELIVERY
(PERSONALLY OR BY MAIL)
The undersigned hereby certifies under penalties
of perjury as provided by law pursuant to Ill. Rev. Stat., ch.
110, par. 1-109 [735 ILCS 5/1-109], that the above notice and
any attached pleadings were ( ) personally delivered or ( )placed
in the U.S. mail at ___________, with first class postage prepaid
and directed to the parties at the addresses set forth above (at)
(before)____________________.m. on ____, 19____.
____________________________
(signature)
__________________________________________
(print name)
[Adopted December 31, 1992, effective January 4,
1993.]
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