REPRESENTING PARENTS IN ABUSE AND NEGLECT

CASES: BASICS OF EVIDENCE & COURT ORDERS

[IPAN]

LOUIS P. MILOT

RIGHT TO BE PRESENT RIGHT TO BE HEARD RIGHT TO PRESENT EVIDENCE RIGHT TO CROSS-EXAMINE WITNESSES RIGHT TO EXAMINE COURT FILE AND

RECORDS RIGHT TO BE REPRESENTED BY COUNSEL

RIGHTS OF PARTIES IN JUVENILE PROCEEDINGS

SERVICE →[45 days for DCFS to prepare and file Case Plan with Court §2-10.1] & [90 days from date of last party served adjudication must commence but need not be completed; 30 day bonus days if good cause is shown; action by Respondent can result in waiver, such as motion to vacate default, etc. , §2-14]

ADJUDICATION→ [Dispositional must commence not more than 6 months from initial removal of minor from home, §2-22(4)]

DISPOSITONAL→ [ Permanency Review must be held within 12 months of temporary custody, §2-22(5) & §2-28(2) & [If minor in substitute care must review every 6 months thereafter, §2-28(2)]

TIME FRAMES:

IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT OF ILLINOIS__________________ COUNTY

Case No(s): _______________________________In the Interest Of: _____________________________________________________, minor(s).Parties present for hearing: State: DCFS: Minor(s): GAL: Mother: Mother’s Atty: Agency: Court Reporter: Father: Father’s Atty:

PRELIMINARY ORDER (Abuse /Neglect/Dependency [E.g. 705 ILCS 405/2-19]

THIS CAUSE coming for □ Petition ________________________ □ First Appearance _____________________ □ status □ interim □ case management with all parties/persons specified hereinabove □ present □ individually or □ through counsel and the court being fully advised in the premises THE COURT FINDS:

1. It □ has or □ does not have jurisdiction of the □ subject matter and □ the minor(s).

2. The minor has been □ served with summons □ been served with summons in open court □ not been served with summons □ the minor's GAL has accepted service on behalf of the minor under age 8 pursuant to §2-15(1)

3. □ The mother of the minor(s) has been □ served with summons □ not been served with summons but is present □ been served by publication pursuant to §2-16.

4. □ The father(s) _____________________________________________________________of the minor(s)

_________________________________________: has been □ served with summons □ been served with summons in open court □ not been served with

summons but is present □ been served by publication pursuant to §2-165. The □ guardian □ legal custodian □ responsible relative of the minor has been □ served with summons □ been served with summons in open

court □ not been served with summons but is present □ been served by publication pursuant to §2-16.6. A diligent search has been conducted pursuant to §2-16 but __________________________ cannot be found. [705 ILCS 405/2-16(2)]

Case No(s): _________________________

7. □ __________________________ is found to be the □ legal □ presumed father of the minor(s) □ Disclaimed his paternity in the

minor:________________ □ Declared his paternity in the minor: ___________________ □ Has submitted to a DNA test and the results □

Exclude him as the father of the minor: ________________ □ Include him as the biological farther of the minor: ______________________________________. [705 ILCS 405/2-30]8. □ The parent(s) ____________________of the minor □ is □ is not eligible to be a registered member/citizen of a Native American Nation

or tribe. [25 U.S.C §1911 (b)]9. □ The minor □ is □ is not eligible to be a registered member/citizen or related to a member/citizen of a Native American Nation or tribe. [25

U.S.C §1911 (b)]10. □ Neither the minor nor the father nor the mother is a foreign national or notice to the Consulate of ___________________ [country of which party is a citizen] has been notified of the pendency of this action.11. The following parties have filed Answer(s): □ Mother □ Father(s) __________________________________________________________

□ Guardian/Custodian_________________ □ Custodian __________________________ □ Guardian ad Litem _____________________.

□ The following parties have filed stipulations: ________________________________________________________________. 12. The □ Public Defender □ Other licensed Counsel _____________________ is appointed for the minor _______________________ as

□ Guardian ad Litem □ Child Representative. [Sup. Ct. R. 906-907; 705 ILCS 405/2-17]13. The □ Mother □ Father(s) ________________________ has requested appointed counsel. [705 ILCS 405/1-5(1)] 14. The □ Mother □ Father(s) ________________________ following inquiry under oath is/are indigent and financially unable to employ

counsel.[705 ILCS 405/1-5(1)]15. The □ Mother □ Father(s) _______________________________ □ Guardian/Legal Custodian have been admonished of the nature of the

allegations and notified their rights under the Juvenile Court Act and the possible dispositional outcomes in □ open court □ by receipt of a written Notice of Rights tendered in open court

16. The Adjudicatory Haring has been □ set within the statutory time limits per §2-14 of the JCA □ not set within the statutory time limits but □ Mother □ Father(s) ________________________ □ Guardian/Legal Custodian □ Guardian ad Litem have □ waived the time limits □ stipulated to waive the time limits through and including ________________________________ and □ it is in

Case No(s): _________________________ the minor's best interest to delay the commencement of the Adjudicatory hearing. [705 ILCS 405/2-14(b)]

17. Service has been effectuated on all parties and the time limits □ have been □ have not been waived as to Adjudication (90 days) by □ mother □ minor □ guardian □ father __________________ and □ other: ______________________________________________. [705 ILCS 405/2-14(b)]

IT IS HEREBY ORDERED:A. The □ Mother □ Father(s) _______________________________ □ Guardian/Legal Custodian ___________________________ failed to

appear or answer and the □ Mother □ Father(s) ________________________________ □ Guardian/Legal Custodian ____________________ is/are defaulted.B. The case is transferred to __________________________________ pursuant to Indian Child Welfare Act.C. The □ Mother □ Father(s) ________________________ □ Guardian/Legal Custodian to submit a completed financial affidavit for purposes

of determining ability to employ counsel.D. The □ Public Defender □ Other Counsel _________________________ is appointed to represent □ Mother. The □ Public Defender □ Other

Counsel ____________________ is appointed to represent □ father(s) ____________________________. The □ Public Defender □ Other Counsel ____________________ is appointed to represent □ Guardian □ Legal Custodian of the minor. The □

Public Defender □ Other Counsel _________________________ is appointed as Guardian ad Litem for the minor(s)E. □ CASA is hereby appointed. [705 ILCS 405/2-17.1]F. The Guardian ad Litem shall have at least one in-person contact with the minor(s) and one in-person contact with the foster parent(s) or

caregivers prior to the adjudicatory hearing and report same to the Court unless excused by the Court. [705 ILCS 405/2-17]F. □ Discovery to be completed by: ___________________________ G. The case is set for □ Temporary Shelter Care Hearing □ Temporary Shelter Care Rehearing □ Adjudication □ Pre-trial □ Status/Case

Management □ Order of Protection □ Termination Reasonable Efforts Hearing □ Review of Visitation Plan □ Other ______________________on ___________________________ at ______________ a.m./p.m. in Courtroom ______.H. □ The minor _______________ is to be examined in accordance with §2-19 of the JCA.I. □ This matter is sent to mediation. [Sup Ct. R. 900-920; 905] □ Yes □ No If no, reason: __________________________________________________________________

Case No(s): _________________________

J. □ If this order was entered following an ex parte hearing, it shall expire within 10 days unless renewed prior to expiration at a hearing upon the appearance of the party respondent or motion and affidavit of diligent search.

ENTERED: ____________________

____________________________________JUDGE

BURDEN OF PROOF:

• PROBABLE CAUSE

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY SOME

PARTS OF §2-18 OF JCA

SHELTER CARE/TEMPORARY PROTECTIVE CUSTODY HEARING

RELEVANT TO PROVE PROBABLE CAUSE THAT MINOR HAS BEEN ABUSED OR NEGLECTED

RELEVANT TO DETERMINATION OF IMMEDIATE AND URGENT NECESSITY FOR SHELTER CARE

RELEVANT TO SHOW THAT REASONABLE EFFORTS HAVE BEEN MADE TO PREVENT REMOVAL OR THAT NO REASONABLE EFFORTS CAN BE MADE TO PREVENT REMOVAL OF THE MINOR FROM THE HOME

ADMISSIBLE EVIDENCE AT SHELTER CARE HEARING

IN THE CIRCUIT COURT OF THE _____________ JUDICIAL CIRCUIT OF ILLINOIS_________________ COUNTY

Case No(s): _______________________________In the Interest Of: _____________________________________________________, minor(s).Parties present for hearing: State: DCFS: Agency: Court Reporter: Minor(s): GAL: Mother: Mother’s Atty: Father: Father’s Atty:

TEMPORARY SHELTER CARE HEARING ORDER[705 ILCS 405/2-10]

THIS CAUSE coming to be heard □ Ex Parte without prejudice □ with all parties present □ individually or □ through counsel upon the Petition/Motion of ________________________________, the Court having considered jurisdiction over the matter and parties, and □ upon examination and consideration of relevant testimony or □ pursuant to the stipulation of the parties, and otherwise being fully advised in the premises:

THE COURT FINDS: 1. It □ has or □ does not have jurisdiction of the □ subject matter and □ the minor(s).2. The minor’s Mother received: □ notice □ no notice and was □ present □ not presentGuardian / custodian / relative received:

□ notice □ no notice and was □ present □ not presentFather received: □ notice □ no notice and was □ present □ not present

3. Probable cause [705 ILCS 405/2-10(2)]□ A. does not exist that the minor is (abused / neglected / dependent); or□ B. does exist that the minor is (abused / neglected / dependent);

The basis of the finding is: _________________________________________________ ____________________________________________________________________________________________________________________________________________________________

4. Immediate and urgent necessity [705 ILCS 405/2-10(2) & 20 ILCS 505/7]□ A. does not exist to support removal of the minor from the home; or

Case No(s): _________________________

□ B. did exist but the parent's/guardian's/custodian's compliance with critical services mitigates the necessity for removal of the minor from the home at this time;

□ An Order of Protection is entered this date setting forth reasonable conditions of behavior for the parent(s)/guardian(s)/custodian(s) to observe for a specified time not exceeding 12

months or □ No Order of Protection is required at this time.

□ C. does exist to support removal of the minor from the home and continuation in the home is contrary to the minor’s welfare;

The basis of the finding is: ___________________________________________ _________________________________________________________________.

5. Reasonable efforts [705 ILCS 405/2-10(2)]□ A. have been made consistent with the health, safety and best interests of the minor but have not prevented or eliminated the necessity of removal of the minor from the home; or□ B. have been made consistent with the health, safety and best interests of the minor and have eliminated the necessity to remove the minor from the home; or□ C. cannot prevent or eliminate the necessity for removal of the minor from the home at this time and leaving the minor in the home is contrary to the health, welfare and safety of the minor;; or□ D. have not been made;

The basis of this finding is: ___________________________________________ ______________________________________________________

__________________________________________________________________ IT IS HEREBY ORDERED:

□ A. The petition for Temporary Shelter Care/Custody is □ denied □ granted.□ B. Consistent with the health, safety and best interests of the minor, the minor shall be □ returned to □ remain in the custody of

the □ mother □ father □ parents □ guardian □ responsible relative. Name: __________________________________________.□ C. Consistent with the health, safety and best interests of the minor, the minor shall be removed from the home; and

1. Temporary custody of the minor is granted to: a. private custodian/guardian _____________________________ whose relationship to the minor is

__________________________________; orb. DCFS Guardianship Administrator with the right to place the minor in accordance with the Children and

Family Services Act. [20 ILCS 505/7]. 2. Pursuant to §405/2-11 of the Act, the temporary custodian is authorized to consent to

Case No(s): _________________________

□ a. ordinary and routine medical care AND major medical care* on behalf of the minor (temporary custody with the right to consent to major medical care).

□ b. only ordinary and routine medical care on behalf of the minor (temporary custody without the right to consent to major medical care).*Major medical care is defined as those medical procedures which are not administered or performed on a routine basis and which involve hospitalization, surgery, or use of anesthesia (e.g., appendectomies, blood transfusions, psychiatric hospitalizations).

□c. Additional limitations/Specific Procedure(s)/Treatment: __________________________________________________

_________________________________________________________ □ D. A §405/2-25 Order of Protection entered this date is incorporated herein against _________________________________ and

shall expire at the Adjudication or within 12 months, whichever occurs first.

□ E. DCFS or its assigns shall investigate the need for services in the following areas: ______________________________________________________________________________________________________________________________________________________________________________________________________

□ F. DCFS or its assigns shall prepare and file with the Court on or before ________________, 20____, a 45 day Case Plan pursuant to 705 ILCS 405/2-10.1.

□ G. The parties before the Court are admonished that they must cooperate with DCFS, comply with the terms of the service plans, and correct the conditions which require the child to be in care, or risk termination of parental rights.

□ H. If appointed temporary custodian of the minor: □ DCFS shall file with the court and serve on the parties a parent-child visiting plan within 10 days, excluding weekends and holidays. The parent-child visiting plan shall set out the times, place, frequency, duration and conditions for visitation, including telephone and mail communication which frequency and duration shall be measured by the needs of the child and the family. [705 ILCS 405/2-10(2)]

□ For good cause shown, □ DCFS is not required to submit and serve a parent-child visiting plan, or □ DCFS is granted an additional _______ days to file and serve the parent-child visiting plan. [705 ILCS 405/2-10(2)]

□ I . A diligent search shall be conducted within 10 days on any absent or unknown parent.

Case No(s): _________________________

□ J. This matter is sent to mediation [Ill. Sup. Ct R. 905]. □ Yes □ No

□ K. The next hearing is set on: ________________, 20____, at _______ a.m. / p.m. for □ presentation of an affidavit of diligent efforts to notify; □ progress report□ status; □ full hearing on petition/motion for shelter care hearing; □ visitation review; □ Other: _____________________________________________________________.

TIME OF ENTRY: ________________ a.m./p.m.

ENTERED: ____________________ ____________________________________JUDGE

BURDEN OF PROOF:

• PREPONDERANCE OF THE EVIDENCE• CLEAR & CONVINCING EVIDENCE (ICWA)

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY §2-18 OF JCA

ADJUDICATORY HEARING

EVIDENCE RELEVANT TO ALLEGATIONS

STATUTORILY PRESCRIBED EVIDENCE PER §2-3 OF JCA

EVIDENCE PERTAINING TO GROUNDS OF UNFITNESS UNDER ADOPTION ACT PER 2-18(1)

PRIMA FACIE EVIDENCE DESCRIBED UNDER §2-18(2)(a)-(k) OF JCA

EVIDENCE OF “ANTICIPATORY NEGLECT” PER §2-18(3) OF JCA

HOSPITAL AND AGENCY BUSINESS RECORDS PER §2-18(4)(a) OF JCA

INDICATED REPORTS PER §2-18(4)(b) OF JCA

PREVIOUS STATEMENTS OF MINORS PER §2-18(4)(c) & (d) OF JCA

EVIDENCE OF IMPROVEMENTS IN MINOR’S CONDITION WHEN NO LONGER IN PARENT;S CARE AND CUSTODY PER §2-18(4)(f)

ADMISSIBLE EVIDENCE (ADJUDICATION)

EVIDENCE THAT A MINOR IS CHRONIC TRUANT PER §2-18(5)

JUDICIAL NOTICE OF PRIOR SWORN TESTIMONY/EVIDENCE INVOLVING SAME PARTIES IF REPRESENTED BY COUNSEL PER §2-18(6)

ADMISSIBLE EVIDENCE(ADJUDICATION)

IN THE CIRCUIT COURT OF THE ___________JUDICIAL CIRCUIT OF ILLINOIS_____________________ COUNTY

Case No(s): ____________________________In The Interest Of: ____________________________________________________, minor(s).

Date of Hearing: __________________________Parties present for hearing: State: DCFS: Minor(s): GAL: Agency: Court Reporter: Mother: Mother’s Atty: Father(s): Father’s Atty:

ADJUDICATORY ORDER[705 ILCS 405/2-21]

THIS MATTER comes before the Court for hearing on the date noted above with the parties indicated being present. The case is called for hearing on the □ Petition for Adjudication of Wardship filed ____________ □ Petition for Termination of Parental Rights filed __________. The Court □ having heard the evidence and argument □ pursuant to the stipulations and/or agreement of the parties as to the facts and the conclusions makes the following FINDINGS:

1. The Court has □ personal jurisdiction over all necessary parties □ subject matter jurisdiction. □ The minor(s) is/are under the age of 18.

2. The minor has been □ served with summons □ been served with summons in open court □ not been served with summons but is present □ not been served with summons but has entered an appearance and is under 8 years of age pursuant to §2-15(1) □ the minor's GAL has accepted service on behalf of the minor under age 8 pursuant to §2-15(1) □ the Child's Representative has accepted service on behalf of the minor

3. □ The mother of the minor(s) has been □ served with summons □ not been served with summons but is present □ been served by publication pursuant to §2-16.

4. □ The father _________________________ of the minor(s) _____________________: has been □ served with summons □ been served with summons in open court □ not been served with summons but is present □ been served by publication pursuant to §2-16

Case No(s): ________________________ □ The father _________________________ of the minor(s) _____________________:

has been □ served with summons □ been served with summons in open court □ not been served with summons but is present □ been served by publication pursuant to §2-16 □ The father _________________________ of the minor(s) _____________________: has been □ served with summons □ been served with summons in open court □ not been served with summons but is present □ been served by publication pursuant to §2-16

5. The □ guardian □ legal custodian □ responsible relative of the minor has been □ served with summons □ been served with summons in open court □ not been served with summons but is present □ been served by publication pursuant to §2-16.

6. A diligent search has been conducted pursuant to §2-16 but _______________________________ cannot be found. [705 ILCS 405/2-16(2)]

7. The following Respondent(s) ___________________________ has/have been served with summons or by publication and have not entered an appearance or answered and are in default.

8. The minor □ has □ has not been relinquished in accordance with the Abandoned Newborn Infant Protection Act. [325 ILCS 2/1 et. seq.]

9. The minor's guardian ad litem has had personal contact with □ the minor □ the minor's foster parents or relative caregivers or such contact has been excused per 705 ILCS 405/2-17(8)

10. □ The minor is not abused, neglected, or dependent as defined in 405/2-3 or 405/2-4 of the Juvenile Court Act. The petition in this cause is, therefore, dismissed.

11. □ The minor is □ abused or □ neglected as defined in 405/2-3 of the Juvenile Court Act in that conduct toward the minor violates:□ 405/2-3(1)(a) suffers from a lack of proper and necessary support, education, as required by law, or medical or remedial care necessary for the child’s well being □ 405/2-3(1)(b) environment injurious □ 405/2-3(1)(c) controlled substance exposed infant□ 405/2-3(1)(d) minor, under age 14, left without supervision for an unreasonable period of time□ 405/2-3(2)(i) physical abuse□ 405/2-3(2)(ii) substantial risk/physical abuse

Case No(s): ___________________

□ 405/2-3(2)(iii) sexual abuse□ 405/2-3(2)(iv) torture□ 405/2-3(2)(v) excessive corporal punishment□ Other:________________________________________________

This finding is based on the following facts: _________________________________________________________

____________________________________________________________________________ [705 ILCS 405/2-21]□ This factual basis is supplemented by transcript of this date.

The □ abuse or □ neglect of the minor:□ is/ □ is not the result of abuse or neglect inflicted by _________________________ □ father:______________, □ mother, □ guardian(s), □ legal custodian(s) of the minor or □

unknown perpetrator (if unknown perpetrator is the basis for holding the parents responsible for such abuse or neglect) [705 ILCS 405/2-21(1)] 12. □ The minor is Dependent as defined in §405/2-4 of the Juvenile Court Act because the minor is under 18 and:

□ is without a parent, guardian, or legal custodian [705 ILCS 405/2-4(1)(a)];□ is without proper care because of the physical or mental disability or the parent, guardian, or legal custodian [705

ILCS 405/2- 4(1)(b)];□ is without proper medical or other remedial care recognized under State law or other care necessary for his or her

well-being through no fault, neglect, or lack of concern by his/her parent, guardian, or legal custodian [705 ILCS 405/2-4(1(c)];□ has a parent, guardian, or legal custodian who with good cause wishes to be relieved of all residual parental rights

and responsibilities, guardianship, or custody, and who desires the appointment of a guardian of the person with power to consent to the adoption of the minor under §2-29 [705 ILCS 405/2-4(1)(d)];

Basis: _________________________________________________________________.

13. Findings of abuse, neglect or dependency are reserved pursuant to 705 ILCS 405/2-20 (court supervision).

Case No(s): ___________________14. □ The parent(s) of the minor □ is □ is not eligible to be a registered member/citizen of a Native American Nation or tribe. [25 U.S.C §1911 (b)]]

□ The minor □ is □ is not eligible to be a registered member/citizen or related to a member/citizen of a Native American Nation or tribe. [25 U.S.C §1911 (b)]

□ Neither the minor nor the father nor the mother is a foreign national or notice to the Consulate of ___________________ [country of which party is a citizen] has been notified of the pendency of this action.15. □ Pursuant to 705 ILCS 405/2-13.1, proper notice has been served on all parties and following an evidentiary hearing reasonable efforts to reunify the minor(s) with the parents, guardian or custodian are no longer required.

Basis:___________________________________________________________________________________________________. THEREFORE, IT IS HEREBY ORDERED THAT:

A. □ The petition is dismissed □ with prejudice □ without prejudice.B. □ The allegations of the petition with respect to the minor have been proven by:

□ a preponderance of the evidence□ clear & convincing evidence (Indian Child Welfare Act --Neglect)[25 USC §1911(a))□ beyond a reasonable doubt (Indian Child Welfare Act - Termination) )[25 USC §1911(a))C. □ The dispositional hearing/□ best interest hearing will be held:□ instanter by agreement of the parties (see separate order);□ before this □ Court on ____________________, 20____ at __________ a.m./p.m. in Courtroom ________.

D. □ The statutory requirement of 705 ILCS 405/2-21(2) that the Dispositional hearing be held within 30 days is waived by the parties and the waiver is consistent with the health, safety, and best interests of the minor(s).

E. □ If not previously ordered, □ the Illinois Department of Children and Family Services □ ____________________________ [agency] shall prepare and file with the court within 45 days of the date the minor was placed outside the home and distribute to the parties a case/service plan . [705 ILCS 405/2-10.1]

Case No(s): ___________________ F. □ The □ §2-10 or □ §2-25 Order of Protection entered against _______________________ on _________________ is □

incorporated herein □ vacated □ modified as follows:___________________________________________________________ _______________________________________________________________________.

G.□ All prior orders not inconsistent herewith remain in full force and effect. Terms and conditions concerning the temporary custody of the minor remain as previously set forth in the Temporary Custody Order. (If custody is removed at the Adjudicatory Hearing, a written temporary custody order and order of visitation must be used.)

H.□ The Respondents are directed to immediately contact the office of the agency preparing the investigation to make an appointment concerning the report. They are to provide the information requested and execute releases allowing the agency to collect information for the report. That agency is: _____________________________________.

I.□ The Court appoints a special advocate for the minor(s) (CASA) pursuant to §2-17.1.

J.Other:_________________________________________________________________

K.□ The parents are admonished that they must cooperate with the Illinois Department of Children & Family Services (“DCFS”). The parents must comply with the terms of the Service Plan and correct the conditions that require the minor to be in care or they risk termination of their parental rights. [705 ILCS 405/2-21]

ENTERED: __________________________

_______________________________________JUDGE OF THE TENTH JUDICIAL CIRCUIT

BURDEN OF PROOF:

• PREPONDERANCE OF THE EVIDENCE

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY §2-18 OF JCA

DISPOSITIONAL HEARING

PER §2-22 OF JCA, ALL EVIDENCE HELPFUL, INCLUDING ORAL AND WRITTEN REPORTS, IN DETERMINING THE FOLLOWING:

˃ Whether it is in the best interest of the minor to be made a ward

˃ If made a ward, the proper disposition best serving the

health, safety and interest of the minor and public

RULES OF EVIDENCE (DISPOSITIONAL)

˃ The permanency goal˃ Nature of the service plan for the

minor˃ Services delivered and to be

delivered under the service plan

• A RECORD OF A PRIOR CONTINUANCE UNDER SUPERVISION UNDER §2-20 OF

JCA

RULES OF EVIDENCE (DISPOSITIONAL)

DISPOSITIONAL REPORT PERTINENT TO SUBJECT MATTER OF DISPOSITIONAL HEARING

SOCIAL HISTORY REPORT PERTINENT TO SUBJECT MATTER OF DISPOSITIONAL HEARING

REPORTS SPECIFICALLY ORDERED BY COURT

OTHER EVIDENCE ALLOWED BY JCA AND EVIDENCE RELEVANT TO DETERMINATION OF BEST INTEREST OF MINOR

ADMISSIBLE EVIDENCE (DISPOSITIONAL)

IN THE CIRCUIT COURT OF THE _______________________JUDICIAL CIRCUIT OF ILLINOIS_________________________COUNTY

Case No(s): _____________________________IN THE INTEREST OF: _______________________________________________, minor(s).Date of hearing: ________________________Parties present for hearing:State: DCFS: Minor(s): GAL: Mother: Mother’s Atty: Agency: Court Reporter: Father: Father’s Atty:

DISPOSITIONAL ORDER[705 ILCS 405/2-23 – 2-27]

□ Original □ Modified OrderTHIS MATTER comes before the Court for hearing on the date noted above with the parties indicated being present. The parties

have been advised of the nature of the proceedings as well as their rights and the dispositional alternatives available to the Court. The case is called for dispositional hearing on the petition of ______________________. The Court, having considered the evidence and the Court having jurisdiction of the subject matter and the parties and the minor having been found to be □ neglected □ abused □ dependent, makes the following FINDINGS:1. Notice of the hearing has been given to the parties.2. □ It is neither consistent with the health, welfare and safety of the minor nor in the best interest of the minor to make the minor a ward of the

Court; □ It is consistent with the health, welfare and safety of the minor and in the best interest of the minor to make the minor a ward

of the Court;□ The minor has been previously adjudged a ward of the Court on __________________.

3. The Mother is:□ fit, able and willing to care for, protect, train, and discipline the minor and she will not endanger the health, safety or well-being of the minor; or□ for reasons other than financial circumstances alone she is,

□ unfit □ unable □ unwillingto care for, protect, train, and discipline the minor and placement with her is contrary to the health, safety and best interests of the minor because __________________________________________________________________________________________.□ deceased

Case No(s): ___________________4. The Father:_______________________________________is:□ fit, able and willing to care for, protect, train, and discipline the minor and he will not endanger the health, safety or well-being of

the minor; or□ for reasons other than financial circumstances alone he is,

□ unfit □ unable □ unwillingto care for, protect, train, and discipline the minor and placement with him is contrary to care for, protect, train, and discipline the minor and placement with her is contrary to the health, safety and best interests of the minor because

_____________________________________________________________________________________________________.□ deceased5. The guardian/legal custodian ___________________________________ is:□ fit, able and willing to care for, protect, train, and discipline the minor and he will not endanger the health, safety or well-being of

the minor; or□ for reasons other than financial circumstances alone he is,

□ unfit □ unable □ unwillingto care for, protect, train, and discipline the minor and placement with him is contrary to care for, protect, train, and discipline the minor and placement with her is contrary to the health, safety and best interests of the minor because

________________________________________________________________________________________________________________________________________________________________________.

6. Reasonable efforts:□ have been made to prevent or eliminate the need for removal of the minor from the home. Such efforts include the following: _____________________________________. □ have been provided to make it possible for the minor to return to the parent, guardian or legal custodian;□ have been made to keep the minor in the home but they have not eliminated the necessity for removal of the minor from the home and leaving the minor in the home is contrary to the health, welfare and safety of the minor at this time;□ cannot prevent or eliminate the necessity for removal of the minor from the home at this time and leaving the minor in the home is contrary to the health, welfare and safety of the minor;□ have not been made to prevent or eliminate the need for removal of the minor from the home.This finding is based on the consideration of the Court of the necessity, success, failure and general effect of appropriate services aimed at family preservation or reunification in the best interest of the minor. The following facts form the basis for this finding: _______________________________________________________________________________________________________.

7. Appropriate services aimed at family preservation and family reunification have been:□ successful□ unsuccessful

Case No(s): ___________________ 8. The Service Plan:

□ is appropriate and a copy shall be filed herein and distributed to the parties.□ is not appropriate for the following reasons:___________________________________ _________________________________________________________________________.

9. □ The services which have been delivered include the following services:__________ ___________________________________________________________________ ___________________________________________________________________.□ The services to be delivered:

□ are appropriate □ are not appropriate for the following reasons: ________________________ _____________________________________________________________.

10. The Permanency Goal:□ Remains:_______________________________________.□ Is changed to: _____________because _________________________________.□ is appropriate□ is not appropriate for the following reasons: ______________________________________ ____________________________________________________________________________.

11. The Illinois Department of Children & Family Services (“DCFS”) or ____________ is to [705 ILCS 405/2-23(3)]:□ develop a Permanency Goal in conformity with this Order;□ develop and implement a new Service Plan in conformity with this Order;□ make changes to the Service Plan in conformity with this Order.□ resubmit a Service Plan in conformity with this Order.

12. □ The health and safety and the best interest of the minor require the removal of the minor from the custody of the parents, guardian, or legal custodian. [705 ILCS 405/2-27(1)]

13. □ It is not in the best interest of the minor to become a ward of the Court.THEREFORE, IT IS HEREBY ORDERED THAT:A. □ The case is dismissed. □ The ______________ is granted.B. The minor is: □ made a ward of the Court □ not made a ward of the CourtC. The minor shall (be returned to/remain in) the care and custody of the:

Case No(s): ___________________□ Mother□ Father□ The Guardianship Administrator of DCFS with the right to place minor;□ Other: ________________________________________________________________

D. □ The minor will be placed in accordance with the Indian Child Welfare Act with: _____________________________________________________ [25 U.S.C. §1911(b)]

E. Guardianship of the minor:□ Remains with the mother;□ Remains with the father, ____________________________________________;□ Is placed with the Guardianship Administrator of DCFS with the right to place;□ Other: ________________________________________________________________

F. □ Custody of the minor is not to be returned to the parents without an Order of this Court; □ Custody of the minor may be returned to the parents without an order of the Court. G. □ Respondent mother’s client service plan is /tasks are set forth in the attached. Unless previously successfully referred or completed by the parent, guardian, or legal custodian, the caseworker is directed to make a referral for each service plan task within ten (10) days of the entry of this Order with commencement of the service to occur no later than thirty (30) days following referral. Unless noted otherwise, DCFS shall be responsible for payment for all recommended service plan tasks, including, but not limited to, assessments, evaluations, drug testing, domestic violence classes, parenting/life skills training and counseling. □ Respondent father’s ordered client service plan/tasks are set forth in the attached. Unless previously successfully referred or completed by the parent, guardian, or legal custodian, the caseworker is directed to make a referral for each service plan task within ten (10) days of the entry of this Order with commencement of the service to occur no later than thirty (30) days following referral. Unless noted otherwise, DCFS shall be responsible for payment for all recommended service plan tasks, including, but not limited to, assessments, evaluations, drug testing, domestic violence classes, parenting/life skills training and counseling.

H. □ Putative father, ______________________________________, shall:□ have contact with the minor □ not have contact with the minor

I. □ Putative father, ______________________________________, is invited to establish paternity if he so chooses. If he does, he is then to cooperate with caseworker by signing requested releases and providing social history information. After establishing paternity, his visitation shall be:

□ At DCFS/designee’s discretion

Case No(s): ________________________□ Supervised by the agency or designee; the supervisor: □ may or □ may not include family members□ Supervised by family members who are not disqualified

J. Visitation pursuant to 705 ILCS 2-10(2) and 2-23(3)(iii):□ The times, frequency, duration and conditions for visitation shall be in accordance with §2-10(2) of the Juvenile Court Act as set forth in the Order on Visiting entered in this matter on: □ ____________________________ □ today.□ There is to be no visitation between □ Mother □ Father □ Guardian/legal custodian/both and the minor until further Order of the Court;□ There is to be supervised visitation between □ Mother □ Father □ Guardian/legal custodian/both and the minor with the supervision to be monitored by:

□ DCFS or its designee;□ Family member or relative: ______________________________________;□ Other: _______________________________________________________□ DCFS is directed to consider the following persons for possible supervision of visits and report to the Court on ________________ as to approval/disapproval of such potential supervisors.

□ There is to be unsupervised visitation between □ Mother □ Father □ Guardian/legal custodian/both and the minor;□ The guardian is authorized to approve unsupervised visitation at guardian’s discretion;

K. □ The agency is to provide transportation for the purpose of visitation; L. Pursuant to 705 ILCS 405/2-25 of the Juvenile Court Act, the Court makes the following order of protection:

□ The □ Mother □ Father □ Guardian/legal custodian/both shall provide the assigned caseworker with any change of his/her permanent address within fourteen (14) days.□ The Caseworker shall provide the □ Mother □ Father □ Guardian/legal custodian/both with the name, telephone number, and address of any change of agency and new caseworker assigned to the case within fourteen (14) days.□ The □ Mother □ Father □ Guardian/legal custodian/both shall provide within fourteen (14) days of the date requested by the caseworker the name and date of birth of any individual residing with him/her or expected to reside with him/her or otherwise be in frequent contact with the child(ren).□ DCFS or its designee agency shall promptly notify relatives known to DCFS or its designee agency of the □ Mother □ Father □ Guardian/legal custodian/both who are willing, able and eligible to serve as a foster placement(s) for the child(ren).□ The □ Mother □ Father □ Guardian/legal custodian/both shall allow □ only supervised contact □ no contact between

____________________________ and the child(ren).□ DCFS and/or its designee agency shall insure that the placement of child(ren) is consistent with the culture, language and religious beliefs, if any, of the □ Mother □ Father □ Guardian/legal custodian/both.□ Other:________________________________________________________________.□ Other:________________________________________________________________.

Case No(s): ________________________The forgoing order(s) of protection shall automatically expire within six (6) months of the entry hereof unless expressly renewed by court order.

M.□ Pursuant to 705 ILCS 405/2-21(5), the initial Permanency Hearing is _______________, 20___ at _______ a.m. /p.m.; ___________________ is to send notice. DCFS shall provide a copy of the most recent Service Plan not less than fourteen (14) days prior to the hearing and shall provide a report to the Court, CASA (if appointed), all parties and counsel containing the information specified in 720 ILCS 405/2-28(2)(i & ii) and any addendum thereto at least fourteen (14) days before the Permanency Hearing set forth above and for all subsequent review and permanency review hearings.

N.□ Pursuant to 705 ILCS 405/2-28(1) and 2-28(2) and 2-23(6), □ DCFS or □ its designee □ truant officer shall file with the Court and distribute to all parties any Permanency Review reports, attachments, and addendums; and all such reports shall be in writing, verified by affidavit or orally upon oath in open court. The written report shall detail what progress or lack of progress the parent has made in correcting the conditions that required the child to be in care, whether the minor can be returned home without jeopardizing the child’s health, safety, and welfare as well as the permanency goal deemed to be in the minor’s best interests.

O.□ DCFS is the only agency accountable to the Court for the full and complete implementation of this Order and is the only agency with full knowledge of the services available. The Guardianship Administrator is ordered to personally appear, or by assigned caseworker, at the Permanency Hearing with the minor unless the presence of the minor is specifically excused by the Court prior to said hearing. This requirement may not be delegated to another agency. Pursuant to 705 ILCS 405/2-28(2), the caseworker preparing any written report must appear and testify at the permanency hearing.

P.□ CASA is appointed for the child(ren).Q.□ The parents have been admonished to cooperate with DCFS. Specifically, they are to comply with the terms of the after care plan and

correct the conditions that require the minor to be in care or risk loss of custody and possible termination of their parental rights;□ Pursuant to 705 ILCS 405/2-22(6), unless the minor is not made a ward, the parents are admonished that they must cooperate with DCFS. The parents must comply with the terms of the Service Plan and correct the conditions that require the minor to be in care or they risk termination of their parental rights.□ All parties are advised of their appeal rights.

Case No(s): ________________________ENTERED: ___________________________

_______________________________________JUDGE OF THE TENTH JUDICIAL CIRCUIT

BURDEN OF PROOF:

• NO BURDEN OF PROOF

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY §2-18 OF JCA

PERMANENCY REVIEWS

PER §2-28 OF JCA, ALL EVIDENCE, INCLUDING ORAL AND WRITTEN REPORTS, HELPFUL TO REVIEWING THE FOLLOWING:

˃ Setting a permanency goal that is in the best interest of the minor

˃ The child’s placement status˃ Setting a placement goal for the

child

RULES OF EVIDENCE (PERMANENCY)

˃ The appropriateness of the services delivered and to be delivered under the service plan to effectuate the permanency goal

˃ Reasonable efforts of parents and the agency

RULES OF EVIDENCE (PERMANENCY)

PERMANENCY REVIEW REPORT PERTINENT TO SUBJECT MATTER OF HEARING

PARENTING ASSESSMENT REPORTS PERTINENT TO SUBJECT MATTER OF HEARING

REPORTS SPECIFICALLY ORDERED BY THE COURT

OTHER EVIDENCE ALLOWED BY JCA AND EVIDENCE RELEVANT TO DETERMINATION OF BEST INTEREST OF THE MINOR

ADMISSIBLE EVIDENCE (PERMANENCY)

IN THE CIRCUIT COURT OF THE ____________ JUDICIAL CIRCUIT OF ILLINOIS_______________________ COUNTY

Case No(s): ________________________________IN THE INTEREST OF: _______________________________________________, minor(s).Date of hearing: ________________________Parties present for hearing:State: DCFS: Minor(s): GAL: Father: Father’s Atty: Mother: Mother’s Atty: Agency: Court Reporter:

PERMANENCY REVIEW ORDER[705 ILCS 405/2-28(2)]

THIS CAUSE coming to be heard for a Permanency Review Hearing, the parties being present or represented by counsel, the Court having received evidence, and being fully advised in the premises:THE COURT HEREBY FINDS AS FOLLOWS:1. The Permanency Goal and Service Plan of __________________________________

□ are / are not appropriate (circle one)□ have / have not been achieved (circle one)□ a new Permanency Goal and Service Plan should be __________________________________________________________ __________________________________________________________.

2. The reasons for selecting this Goal and for ruling out the preceding goals are: ______________________________________________________________________________________________________________ 3. The planned achievement date of the Permanency Goal is: __________________________________ . 4. The services required by the Service Plan:

□ have been provided□ have not been provided because: ________________________________________ □ are appropriate and reasonably calculated to facilitate achievement of the Permanency Goal□ are not appropriate and not reasonably calculated to facilitate achievement of the Permanency Goal because:

_____________________________________________

Case No(s): ___________________□ the following additional types of services are required to effectuate the Permanency Goal:

_______________________________________________________________________________________________________.

5. The selected Goal:□ has been achieved□ cannot be immediately achieved because: _____________________________________________________________ _____________________________________________________________________

6. The minor’s continued placement in substitute care is / is not (circle one) necessary and appropriate to the Service Plan and Goal. TThe minor:

□ may be returned home by _______________________________, 20____ □ may be permanently placed with ________________________ (relative/Godparent/other by _________20____. 7. The Illinois Department of Children & Family Services (“DCFS”) has:

□ made reasonable efforts in providing services to facilitate achievement of the Permanency Goal□ not made reasonable efforts in providing services to facilitate achievement of the Permanency Goal

8. The □ mother □ father _________________ □ legal custodian has/have:□ made reasonable efforts in providing services to facilitate achievement of the Permanency Goal□ not made reasonable efforts in providing services to facilitate achievement of the Permanency Goal

9. The □ mother □ father _________________ □ legal custodian has/have:□ made reasonable efforts in providing services to facilitate achievement of the Permanency Goal□ not made reasonable efforts in providing services to facilitate achievement of the Permanency Goal

WHEREFORE, THE COURT HEREBY ORDERS AS FOLLOWS:A. □ The Permanency Goal of ________________________________ is hereby entered.B. □ DCFS shall file a new or amended Service Plan consistent with the above findings within 45 days of this Order.C. □ DCFS shall provide services consistent with the Goal in accordance with paragraph 4.D. □ Concurrent with this Order, the Court is entering additional orders necessary to conform the minor’s status and custody to effectuate any of the Court’s determinations made herein.

Case No(s): ___________________

E. □ The next Permanency Review is _________________, 20____ at _______ a.m. /p.m.

F. □ Other: _____________________________________________________________________

ENTERED: ____________________

__________________________________________ JUDGE OF THE TENTH JUDICIAL CIRCUIT

BURDEN OF PROOF:

• CLEAR AND CONVINCING EVIDENCE• REASONABLE DOUBT (ICWA)

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY §2-18 OF JCA

TERMINATION (UNFITNESS HEARING)

ADMISSIBLE EVIDENCE:

• EVIDENCE RELEVANT TO ALLEGATIONS

• EVIDENCE ALLOWED UNDER §2-18 OF JCA

TERMINATION (UNFITNESS HEARING)

BURDEN OF PROOF:

• PREPONDERANCE OF THE EVIDENCE

RULES OF EVIDENCE:

• ILLINOIS RULES OF EVIDENCE FOR CIVIL PROCEDURE AS MODIFIED BY §2-18 & §2-22 OF JCA

BEST INTEREST HEARING

ADMISSIBLE EVIDENCE:• SAME EVIDENCE AS ALLOWED AT DISPOSITIONAL HEARING

• BEST INTEREST REPORT PERTINENT TO SUBJECT MATTER OF BEST INTEREST HEARING

• EVIDENCE PERTAINING TO BEST INTEREST FACTORS PER §1-3 OF JCA (AND §15.1

OF ADOPTION ACT)

BEST INTEREST HEARING

ADMISSIBLE EVIDENCE:

• REPORTS SPECIFICALLY ORDERED BY THE COURT (e.g., bonding assessment)

• OTHER EVIDENCE ALLOWED BY JCA AND EVIDENCE CONCERNING THE BEST

INTEREST OF THE MINOR

BEST INTEREST HEARING

LOUIS P. MILOT

lawshop@mtco.com

ILLINOIS PARENT ATTORNEY NETWORK: