When a Child Is a Ward of the Court
If a judge determines that child abuse or neglect has occurred, and has made the child a "ward of the court," regular hearings before a judge will be held to determine how things are going. These hearings are called permanency hearings.
The first hearing must be held within 12 months of the time the child was removed from the home, with ongoing hearings held at least every six months. The hearings continue until the child is returned home or another permanent plan is made. A guardian ad litem (GAL), an adult who is usually an attorney, may be appointed by the court to represent the child's best interests at court hearings.
At the permanency hearings, the judge, or a lawyer called a hearing officer, will do two things: set a permanency goal, and decide whether the parent and child are receiving the services they need to help them.
At the first hearing, the judge will decide on a permanency goal. Among the options are whether the child will be returned home or put up for adoption, have a private guardian or live independently. The goal sets the direction for the case as well as what services the parent will receive to help them reach the goal. The parent needs to correct certain conditions over a specific period of time in order to have their parental rights restored.
If a parent does not, or cannot, correct the conditions that led to the child's removal from the home, the judge may terminate the parent's rights to raise the child. Termination of parental rights means that a parent no longer has any legal rights to the child, nor is he or she responsible for the child. This is a permanent situation that may cut off any further contact between the parent and child.
It is important for a parent to understand that everyone involved wants to be able to return the child to the parent. A caseworker will meet regularly with the parent to discuss progress on the tasks described in the court's service plan. During this period, the parent will also regularly visit the child.
The caseworker is the judge's main source of information, so the parent should maintain contact with that person. It is advisable for the parent to keep a log of phone calls made to the caseworker, the visits with the child, and the overall efforts being made by the parent so that the information is available if questions arise.
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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