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Adoption Law | Child Custody | Child Neglect | Child Abuse

Juvenile Court in Illinois

Cases involving possible child abuse, neglect and other cases involving children are heard by a judge in the Juvenile Court. Juvenile Courts also hear cases involving minors under age 17 who are charged with felonies or misdemeanors. The court’s main purpose is to help families and protect their children.

In a Juvenile Court proceeding, a judge hears the information presented and then, based on the hearing, enters court orders or instructions to parents, caseworkers from the Illinois Department of Children and Family Services (DCFS) or another child welfare agency. For example, the court may require a family to attend counseling or a parent to participate in substance abuse treatment. The judge may order visits to be supervised between parent and child or that certain services be provided to the family.

The following are some basic guidelines for families presenting cases in Juvenile Court:

  • Talk to your lawyer prior to the court hearing.
  • Do not sign anything you do not understand. If you do not understand something, ask your lawyer or caseworker to explain it.
  • Understand that a guardian ad litem (GAL), an adult who is usually an attorney, may be appointed by the court to look after a child’s best interests at a court hearing.
  • Be sure you have a clear understanding of what you are supposed to do when you leave the courtroom. If you are unsure, ask for more information.

There are several different types of hearings in a Juvenile Court. The following are some of the most common:

Shelter Care Hearings

Shelter Care or temporary custody hearings are preliminary hearings to determine if the case should be heard in court and where the child or children should live until future hearings are completed.

If the child was removed from the home, this hearing must be held within 48 hours, not including court holidays and weekends. During this hearing, the judge hears from the caseworker about why the child was removed from the home. Once the evidence has been presented, the judge will decide if the child should go home, live with a relative, or go to a foster home, group home or another institution.

Adjudicatory Hearings (Trials)

The adjudicatory hearing is held about 90 days after the child was removed from the home. A judge will decide whether there has been abuse or neglect. If abuse or neglect did not occur, the judge will order that the child be returned to the home. If abuse or neglect did occur, a dispositional hearing will be held, sometimes on the same day as the trial.

Dispositional Hearings

In the dispositional hearing the judge decides what is best for the child and places what is called a court order. The child may be sent back home or to a foster home. The judge may also order the caseworker to provide certain services or may make the child a “ward of the court,” meaning that the judge will have more control over what happens to the child.

What happens in Juvenile Court is private. The general public cannot enter the courtroom, nor read the court files; however, the media is allowed in the courtroom. Some information about what happens may appear in the newspaper or on radio or television.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.

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