Cases where there are allegations of child abuse or neglect are sent to Juvenile Court. Juvenile Court is a court just for children and their families. It is where a judge hears cases about possible child abuse, neglect, and other cases about children. If you are in Juvenile Court, it means that the lawyers who represent the state and agency caseworkers have decided that your child may be abused or neglected.
In hearings held at the Juvenile Court, the judge listens to the information presented, and then enters court orders. In a court order, the judge gives instructions to parents, caseworkers from the Illinois Department of Children and Family Services (DCFS), or other child welfare agencies about what they are to do.
The main purpose of Juvenile Court is to help protect the child, not to punish the family. For this reason, the judge may make important decisions about the child's best interests, including where the child may live.
There are many kinds of Juvenile Court proceedings. The following is a list of some of the different hearings held in Juvenile Court.
1. Shelter Care or Temporary Custody Hearing (referred to by either name).
At this hearing, the judge decides if the case should be in court, and if so, where the child should live until the "Adjudicatory Hearing" and "Dispositional Hearing" are completed.
After hearing all of the information (evidence), the judge will decide if the child should go home, live with a relative, or go to a foster home, group home, of institution. The judge will also decide if the parents should be ordered to do certain things.
2. Adjudicatory Hearing (The Trial)
If your case were held in the adult court system, this hearing would be called a trial. In Juvenile Court it is called an Adjudicatory Hearing. This hearing should be held about 90 days after the child is removed from the home. At this hearing, information is presented to help the judge decide if the child is:
* An abused minor
* A neglected minor
* A dependent minorIf the judge finds that the child has not been abused or neglected, the child will be returned to the parents. However, if the judge decides there was abuse or neglect, then the judge decides what will happen to the child. This next decision takes place at the Dispositional Hearing.
3. The Dispositional Hearing
If the judge decides that the child is neglected, abused, or dependent, he or she decides what to do to help your child. This happens at the Dispositional Hearing. The Dispositional Hearing is usually held within 30 days of the Adjudicatory Hearing.
At this hearing, the judge decides what is in the best interest of the child and puts it in a court order. The judge also may order the caseworker to provide certain services for the child and the family, and may order each parent to do certain things.
At the Dispositional Hearing, the judge may make the child a "ward of the court." That means that the judge will have more control over what happens to the child.
4. Permanency Hearings
As long as the child is a ward of the court, there will be hearings for the judge to see how things are going. These are called Permanency Hearings. The first Permanency Hearing must be heard within 12 months of the time the child was removed from the home. Ongoing hearings must be held at least every six months after that. The hearings continue until the child is returned home or another permanent plan is made for him or her.
At all the hearings described above, the judge will tell the parents that they must cooperate with their caseworker, follow the requirements included in the service pan, and correct the conditions which required the child to be placed in foster care; otherwise the parents risk having their parental rights terminated.
5. Termination of Parental Rights
If the parents do not or cannot correct the conditions that led to the child's removal, the judge may decide to terminate the parent's rights to raise the child. This is called "Termination of Parental Rights." Termination of Parental Rights means that a parent no longer has any legal rights to a child and no longer is responsible for that child. The child's foster parents, relatives, or other specially picked people may then adopt the child. This is a permanent situation that may cut off any more contact between the parent and the child.
At all of these hearings the parents have the right to hire a lawyer. If the parent cannot afford to hire a lawyer, the judge will appoint one. It is the parents' responsibility to keep in touch with their lawyer; the parents may participate in the court hearings; the parent should receive a written statement (called a petition) that tells them why their case is in court. This statement will tell you what people say you did (this is called and allegation); the parents may submit evidence, or have other people (witnesses) give evidence on their behalf; parents are entitled to know what is in their court file and what is in most of the reports that are given to the court; if needed, a language interpreter or a sign language interpreter will be made available; if the child has been placed outside of the home, the parents have the right to visit the child as ordered by the court. These visits may be supervised by the caseworker or another person identified by the caseworker; and parents can appeal a judge's decision. This means you can take the case to a higher court if you do not agree with what the judge has ordered.
Over and beyond the parent's rights are the child's rights. The child has the right to have an attorney. The judge will appoint a lawyer to represent the children, usually called a GAL (this stands for "guardian ad litem"). The parent cannot use the children's lawyer and the children cannot use your lawyer because of the sensitive nature of the proceedings.
The judge will make a determination of what is in the child's best interest and order the parent to act accordingly. If the parents do not follow the court orders and cooperate with the Illinois Department of Children and Family Services to correct the conditions that required the child to be in care, the parent's risk termination of their parental rights.
Because of the sensitive nature of the proceedings, the general public cannot come in to the courtroom (705ILCS405/1-5(6)); however, the press is allowed in the courtroom(705ILCS405/1-7(6)). Some information about what happens in court may be put in newspapers or on TV.