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Juvenile Programming
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Juvenile Court Answers
The Juvenile Court is a court just for children and their families. It is where a judge hears cases about possible child abuse and neglect and other cases about children. If you are in Juvenile Court, it means the lawyers who represent the state and agency caseworkers have decided that your child may be abused or neglected. In the 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 agency, and others about what they are to do. For example, the court order might require a family to attend counseling, or a parent to participate in substance abuse treatment. The judge might order that visits be supervised between parent and child, or that certain services be provided to the family. The main purpose of Juvenile Court is to help you and your family and to protect your child, not to punish you. For this reason, the judge may make important decisions about your child’s best interests, including where your child will live. For additional information please contact:
What is a Shelter Care or Temporary Custody Hearing? This is the first hearing. At this hearing, the judge decides if the case should be in court, and if so, where your child should live until the “Adjudicatory Hearing” and “Dispositional Hearing” are completed. If your child was removed from your home, this hearing must be held within 48 hours, not counting court holidays and weekends. At this time, the judge will hear from the caseworker why your child was removed from your home and what efforts were made previously to keep your child at home. If your child is still living with you at the time of this hearing, the caseworker and/or others will tell the judge if they think your child should be taken from your home and if so, why, or why the court should order you to provide certain care for your child. You and your child can say if you think this is right or wrong. After hearing all the information (evidence), the judge will decide if your child should go home, live with a relative, or go to a foster home, group home or institution, and if you should be ordered to do certain things. For additional information please contact:
What Is An Adjudicatory Hearing (The Trial)? If your case were being 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 your child was removed from your home. At this hearing, information is presented to help the judge decide if your child is: • An abused minor • A neglected minor • A dependent minor If the judge finds that your child has not been abused or neglected, your child will be returned to you and you cannot be required to accept any services. If the judge decides there was abuse or neglect, he or she then decides what will happen to your child. This next decision takes place at the Dispositional Hearing. Sometimes both hearings are on the same day, one after the other. For additional information please contact:
What Is A Dispositional Hearing? If the judge decides that your 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; they may be on the same day. At this hearing, the judge decides what is best for your child and puts it in a court order. This could be to send your child home if she or he will be safe, or it could order the child to be placed in a foster home or other placement. The judge also may order the caseworker to provide certain services for your child and your family, and may order you to do certain things. At the Dispositional Hearing, the judge may make your child a “ward of the court.” This means that the judge will have more control over what happens to your child. For additional information please contact:
As long as your 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 held within 12 months of the time your child was removed from your home. Ongoing hearings must be held at least every six months after that. The hearings continue until your child is returned home or another permanent plan is made for him or her. At these hearings, the judge, or a lawyer called a hearing officer, will do two things: • Set a permanency goal, and • Decide whether you and your child are receiving the services that will help your family and your child. At the first permanency hearing the judge will decide on a permanency goal. The possible permanency goals include return home, adoption, private guardianship, and independent living. The goal ordered by the judge will set the direction of the case for the future. It will tell you and your child the direction the case is moving, and what services will be provided to you. At all of the hearings described above, the judge will tell you that you must cooperate with your caseworker, follow the requirements included in your service plan, and correct the conditions which required your child to be placed in foster care; otherwise you risk having your rights to your child terminated. For additional information please contact:
What Is Termination of Parental Rights? If you do not or cannot correct the conditions that led to your child’s removal, the judge may decide to terminate your right to raise your 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 you and your child. The judge and lawyers will usually consider whether or not to end your parental rights within 12 or 15 months after your child was removed from your home. It is important to understand that DCFS and the judge do not want to terminate your parental rights unless they believe you cannot—and will not ever—be able to protect or adequately care for your child. In most cases, everyone involved wants to be able to return your children to you. Caseworkers will work with you to help you fix the problems that caused your children to be put in foster care. It is very important that you work on the tasks in your service plan and visit your child regularly. When these problems are corrected, the judge will let your children come home. Your service plan will help you understand what you must do and how to do it so that your children will be able to come home. If you do not work on the problems that led to your child being in foster care, a judge may consider this a reason for termination of your parental rights. Remember that your caseworker is the judge’s main source of information. Make sure you keep in contact with your caseworker. Make sure the caseworker knows what efforts you are making, and knows how to reach you. You may want to keep a log of the phone calls you make to your caseworker, the visits you have with your child, and the efforts you are making so that you will have that information in case any questions come up.For additional information please contact:
Parents have many rights. Here are the most important rights you have in court:
For additional information please contact:
Will My Children Have Their Own Lawyer? Yes. The judge will appoint a lawyer to represent your children usually called a GAL (this stands for “guardian ad litem”). You cannot use the children’s lawyer and they cannot use your lawyer. For additional information please contact:
Who Can Attend These Hearings? You, your child, the caseworker, the foster parents or relative caregivers, and other individuals you want to invite can attend the court hearings. What happens in Juvenile Court is private. The general public cannot come into the courtroom or read the court files. The press is allowed in the courtroom. Some information about what happens in court may be put in newspapers or on TV. For additional information please contact:
What If I Don’t Understand the Questions? Do not guess at an answer and never lie. If you do not understand a judge’s question or questions asked by other people in the Juvenile Court Hearings, do not answer the question until you understand it. If you do not understand an order of the court, ask the judge or your attorney to explain it. For additional information please contact:
Does Everyone Have To Do What the Judge Says? Yes, court orders must be obeyed. Anyone coming to court must cooperate and follow the directions of the judge. Anyone who does not obey a court order could be sent to jail or have to pay money (a fine) or could have his or her children taken away or kept away. If the judge orders you to go to counseling or drug treatment or any other kind of service, you must go. For additional information please contact:
What If I Do Not Correct the Problem? If you cannot or will not work to correct the problems that caused your children to be placed in foster care, then a judge may terminate your parental rights. This cannot happen in secret and you will not be surprised. Your caseworker should tell you if things are not going well. You should also hear about the problems at the Administrative Case Review (ACR). If you are not keeping in touch with your caseworker and not going to the ACRs, every effort will be made to contact you to tell you of the plan to terminate your parental rights. This is one reason it is so important to notify your caseworker and your lawyer if you move. Remember that a judge is the only person who can terminate parental rights and a judge will listen to what you have to say. However, if you have not been working with your caseworker and not going to the ACRs, it may look like you are not working to get your children back. It is very important that you work with your caseworker, follow the service plan, and correct the conditions that required your child to be removed from your home. If you do not, you risk termination of your parental rights. For additional information please contact:
What If I Don’t Think I Can Take Care of My Children? Sometimes parents decide it is best to give up rights to their children. They feel that they cannot care for the children or that it would be best to ask for termination of parental rights. Sometimes you can identify someone who you would like to adopt your child. You can talk to your caseworker or the judge about giving up your rights as a parent if you think it would be best for you and your children. This is a hard decision and takes a lot of courage. If you really think it is the best decision and understand that it is final, your caseworker will work with you and your children to support you and help you work through this painful decision. Your caseworker also will help you complete the forms needed to give up your rights as a parent. For additional information please contact:
OR
Restitution is reimbursement for losses due to a crime. Once a case is filed, the victim will receive a packet of letters and information regarding the case, the court system and process, and restitution. Included in the packet is a restitution form. The form needs to be completed showing all medical expenses incurred as a result of the injuries from the crime. Please include copies of any bills as well. If you have insurance, please indicate that on the form as well. Please include copies of EOB’s from your insurance company. Restitution is ordered when the juvenile is found guilty, or pleads guilty. Restitution is ordered for ONLY expenses the victim is out of pocket, not the insurance company. The juvenile has 11 months to pay the restitution. The juvenile makes payments to the Circuit Clerk’s Office, the payments are processed, and the Circuit Clerk’s office mails a check to the victim for the amount of the payment. *Restitution
is not ordered if the case is not filed or if the juvenile is found not guilty. For more information on restitution contact:
Who is a crime victim? For more information on restitution contact: State’s Attorney of
Ogle County
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