The Juvenile Court Process
The Juvenile Court in Illinois is a court where a judge hears cases about possible child abuse and neglect, and other cases involving children and their families. Cases are also heard that involve juveniles under age 17 who are charged with a felony or misdemeanor. The court's main purpose is to help families and protect their children.
In a Juvenile Court proceeding, a judge listens to the information presented and 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 that visits be supervised between parent and child or that certain services be provided to the family.
Decisions made in Juvenile Court are important, which is why family members must understand what is happening. Some basic guidelines are:
- 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 clear when you leave the courtroom what you are supposed to do. If you are unsure, ask for more information.
There are many kinds of Juvenile Court hearings. One is a shelter care or temporary custody hearing, which is the first hearing before a judge. At this hearing, the judge decides if the case should be heard in court and if so, 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 information (called 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.
At the adjudicatory hearing or trial, held about 90 days after the child was removed from the home, a judge decides 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.
At this 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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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.