Child Protection Division

County Division

Law Division

09-1 Re: General Orders
09-2 Re: Weapons
09-3 Re: Requirement to Produce Minor
09-4 Re: Clinical Services
09-5 Re: Reassignment of Cases - Substitution of Judge and Recusal
09-6 Re: Instantered Cases
09-7 Re: Private Guardianship
09-8 Re: Parental Access to Court Files
09-9 Re: Docketing of Nonemergency Motions
09-10 Re: Scheduling of Nonemergency Motions and Petitions for Fees
09-11 Re: Scheduling
09-12 Re: Geographic Assignment of Cases
09-13 Re: Regarding Filing of Certain Adoption Cases
09-14 Re: Staggered Call
09-15 Re: Foster Parent Notification
09-16 Re: Appointment of Counsel after a Notice of Appeal Has Been Filed
09-17 Re: Affidavits of Assets and Liabilities
09-18 Re: Case Management Conference - Adjudication
09-19 Re: Case Management Conference - Termination of Parental Rights
09-20 Re: Access to Court Files
09-21 Re: Fee Petitions in the Appellate Court
09-22 Re: Court Appointed Special Advocates (CASA)
09-23 Re: Appellate Status Calendar
09-24 Re: Change of Placement Information
09-25 Re: Confidential Documents
09-26 Re: Consulting with Minors Prior to Permanency Hearing
09-27 Re: Court Family Conference
09-28 Re: Fee Petitions for Court Appointed Attorneys
09-29 Re: Digital Recording of Proceedings
09-30 Re: Citizen’s Petition Calendar
09-31 Re: Consulting with minors prior to permanency hearing
09-32 Re: Assignment of Cases
09-33 Re: Mediation and Facilitation
11-1 Re: Assignment of Conflict Attorneys

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-1

RE: GENERAL ORDERS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All general orders previously entered by the Presiding Judge of the Child Protection Division are vacated.

General orders issued numerically beginning with 09-1 supercede any prior orders.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-2

RE: WEAPONS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All police personnel who are attending court in the Child Protection Division of the Juvenile Court Center shall not enter any courtroom while armed.

This General Order supercedes Child Protection General Order 05-2.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-3

RE: REQUIREMENT TO PRODUCE MINOR

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The following procedure shall be followed in all cases when Petitions to Adjudicate Wardship are filed in the interest of minors in the protective custody of the Illinois Department of Children and Family Services or in the custody of a private individual seeking guardianship or who remain in the custody of their parents pursuant to an order of protection.

1.  If the minor is five years of age or older:

a. The Department shall produce the minor at the temporary custody hearing, unless the minor is hospitalized for treatment or evaluation or otherwise is too ill to attend said hearing.

b. If the minor is not produced at the temporary custody hearing for any reason other than the reasons set for the in paragraph (a) the custodian is required to make the child available to the attorney for the minor within 10 working days of the temporary custody hearing, at a specific time and date agreeable to the Guardian Ad Litem and the custodian.

2.  A minor under the age of five need not be present at the temporary custody hearing.  However, if the minor is not present at the temporary custody hearing the custodian is required to make the child available 10 working days prior to the date set for the adjudicatory hearing.

3.  The order does not limit or restrict the right of the minor to be present at adjudicatory or dispositional hearings.

This General Order supercedes Child Protection Division General Order 05-3.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-4

RE: CLINICAL SERVICES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The Department of Forensic Clinical Services shall make reports on abuse, neglect, or dependency cases available at least 72 hours prior to the court hearing for which the report was ordered.  These reports shall be available to the Judge, the State’s Attorney, the Guardian Ad Litem, the attorneys for the respondents, Juvenile Probation Officers, and/or caseworkers of the Department of Children and Family Services or its assigns.

The Department of Forensic Clinical Services shall deliver a copy of the report to the Judge hearing the case at least 72 hours prior to the hearing; representatives of the offices named above shall make arrangements to pick up a copy for their offices.

This General Order supercedes Child Protection Division General Order 05-5.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-5

RE: REASSIGNMENT OF CASES – SUBSTITUTION OF JUDGE AND RECUSAL

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Cases subject to:

  1. An order granting a substitution of judge,
  2. An order of recusal (except when entered to allow siblings to join a sibling transferred by substitution of judge),

shall be reassigned geographically unless the case was previously assigned geographically, then it will be randomly assigned among the remaining general abuse and neglect calendars.

All orders of recusal must state the reason for the recusal in writing.  All motions for substitution of judge must be in writing and include the name of the moving party and the name of the judge.

Any motion of substitution of judge as or right, must be filed before the start of the Temporary Custody Hearing, or before the judge in a newly reassigned case has made a substantive ruling.

This General Order supercedes Child Protection Division General Order 05-6.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-6

RE: INSTANTERED CASES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The Clerk’s Office shall not release the files of cases that are not on the daily call, without the submission of an instanter form signed by the judge or court coordinator.

This General Order supercedes Child Protection Division General Order 05-7.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-7

RE: PRIVATE GUARDIANSHIP

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

If a private guardianship is established, the judge entering the order, whether at disposition or later, shall also enter a Private Guardianship Order #CCJP0660, Coded 8006.   Private guardianship should be established only in those cases no longer in need of monitoring by the court.  Any motions for change in private guardianship established in the Child Protection Division shall be filed in the Child Protection Division.

This General Order supercedes Child Protection Division General Order 05-8.

This order is entered this date, March 19, 2009, and shall be spread or record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-8

RE: PARENTAL ACCESS TO COURT FILES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

If a parent seeks to review the court file of his or her child’s case, the Clerk of the Court shall determine whether an Illinois Domestic Violence Act Order of Protection is in effect which precludes disclosure of the location of any other party.  If such an order is pending,  the Clerk of the Court shall immediately request that the Office of the Public Guardian review the file and remove or redact any and all documents which would reveal or otherwise identify the location of the protected party.

This General Order supercedes Child Protection Division General Order 05-9.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-9

RE: DOCKETING OF NONEMERGENCY MOTIONS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The Clerk of the Court shall not accept for filing any nonemergency motion which is scheduled less than three (3) working days into the future.

This General Order supercedes Child Protection Division General Order 05-10.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-10

RE: SCHEDULING OF NONEMERGENCY MOTIONS AND PETITIONS FOR FEES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All nonemergency motions and petitions for fees shall be scheduled with the court coordinator before filing with the Clerk of the Court.  The moving party shall notify the court coordinator, and indicate in the body of the motion, whether the motion is contested or noncontested.  All such motions or petitions must follow the requisite notice and service requirements, with a file stamped courtesy copy for the court delivered to the coordinator at least one week prior to the motion date.

Each calendar judge shall post their individual scheduling practice consistent with this order in the waiting area outside their calendar.

This General Order supercedes Child Protection Division General Order 05-11 and 07-2.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-11

RE: SCHEDULING

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All Temporary Custody Hearings shall be scheduled at 11:00 a.m.

Cases in which protective custody has not been taken at the time of screening shall be scheduled for hearing within two (2) weeks after the screening date.  Files for all these cases shall be in their assigned calendars at 9:00 a.m., the day of the hearing.  The Clerk of the Court shall post a list of these temporary custody hearings on the building directories no later than 9:00 a.m. on the scheduled hearing date.

Cases in which protective custody has been taken at the time of screening shall be heard before protective custody lapses.

This General Order supercedes Child Protection Division General Order 05-12.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-12

RE: GEOGRAPHIC ASSIGNMENT OF CASES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

  1. New petitions for children who have siblings with open cases in this Division will be assigned to the calendar of the siblings with most recent docket numbers.
  2. With the exception of the cases covered in paragraph 1, all new petitions filed will be assigned to the appropriate abuse and neglect courtroom geographically.
  3. A petition naming a minor, whose mother is a minor respondent in a case pending on a calendar, shall be assigned to the calendar on which the mother’s case is pending

               
This General Order supercedes Child Protection Division General Orders 05-4, 05-13 and 06-1.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

 

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-13

RE: REGARDING FILING OF CERTAIN ADOPTION CASES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Leave is granted to file petitions for adoption in the County Division for cases designated Qualified Adoption Cases;

For the purpose of this order “Qualified Adoption Cases” are those cases:

  1. Accepted by the Expedited Adoption Program of the Department of Children and Family Services and the Chicago Bar Foundation.
  2. Submitted to the Expedited Adoptions Program by the Probation Department, Abuse and Neglect Division, the Kinship Permanency Planning Project of the Office of the Inspector General of the Department of Children and Family Services, or by the Department of Children and Family Services or its assigns; and
  3. In which the child has resided for a substantial period of time with an appropriate adoptive family; and
  4. An agent of the supervising agency as listed above in Paragraph 2 has recommended that it is in  the best interest of the child that the contemplated adoption take place; and
  5. There is little likelihood of contest by the natural parent, as evidenced by a consent to adoption, surrender of custody and control of the child for purposes of adoption, death certificate, termination of parental rights, or the whereabouts of the parent(s) are unknown and have been for a substantial period; and
  6. All jurisdictional requirements of the County Division can be met.

This General Order supercedes Child Protection Division General Order 05-14.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-14

RE: STAGGERED CALL

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All continued cases shall be scheduled for a time certain, in the following time designations:  9:00 a.m., 9:30 a.m., 10:00 a.m., 10:30 a.m., 11:00 a.m., 1:30 p.m., 2:00 p.m., or 2:30 p.m.

This General Order supercedes Child Protection Division General Order 05-16.

This order is entered on this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-15

RE: FOSTER PARENT NOTIFICATION

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

No hearing or proceeding shall be conducted unless proof that adequate notice of such hearing or proceeding has been given to the current foster parent (s), as required by 705 ILCS 405/1-5 (2)(a); or a waiver of notice signed by the current foster parent (s) is presented to the court.

This General Order supercedes Child Protection Division General Order 05-17.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-16

RE: APPOINTMENT OF COUNSEL AFTER A NOTICE OF APPEAL HAS BEEN FILED

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

After a notice of appeal has been filed, the Clerk of the Circuit Court shall forward to the Clerk of the Appellate Court a certified copy of any order appointing counsel, vacating an appointment of counsel or granting counsel leave to withdraw, along with the appearance filed by any newly appointed counsel, immediately upon entry of such order or filing of such appearance.

Counsel appointed in the court to represent a party on appeal shall immediately file an appearance with the Clerk of the Circuit Court.

This General Order supercedes Child Protection Division General Order 05-18.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-17

RE: AFFIDAVITS OF ASSETS AND LIABILITIES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

No order appointing counsel to represent an indigent party shall be entered until an Affidavit of Assets and Liabilities has been completed and presented to the Court.  The affidavit shall be signed by the party and reviewed by the calendar judge using the indigency guidelines distributed by the Presiding Judges before either the Office of the Public Defender or an attorney from the Conflict Panel may be appointed.  The affidavit shall then be made part of the official court record.

When a party who claims to be indigent appears in court for the first time, the Assistant Public Defender shall provide the party with an Affidavit of Assets and Liabilities and help in completing the form.  After reviewing the affidavit, the Assistant Public Defender will present it to the Court and state whether the office is seeking appointment, or recommending that a bar attorney e appointed because of a conflict.

This General Order supercedes Child Protection Division General Order 05-20.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-18

RE: CASE MANAGEMENT CONFERENCE - ADJUDICATION

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Case Management Conferences shall be conducted pursuant to Illinois Supreme Court Rule 218 by the judge or an employee of the court designated by the judge.  For purposes of Rule 218 and this General Order a case is considered at issue when service has been perfected on the child respondent and at least one of the parent respondents.

Discovery going to the issues to be decided at the adjudication shall be completed 30 days prior to the initial case management conference.  The initial case plan shall be provided to the court and the parties pursuant to the statutory requirements.

In any case at issue, the initial case management conference shall be scheduled to coincide with the Court Family Conference.  The sequence in which these two conferences are conducted shall be at the discretion of the judge.  Subsequent case management conferences shall be scheduled by the court as appropriate.

At the conclusion of the conference an order in accordance with Rule 218 (c) shall be entered on a form approved by the Presiding Judge of the Child Protection Division.  If the conference is conducted by the judge’s designee, the designee shall draft a proposed order for review by the judge.  If,  after review, the judge enters the order, it shall be binding on all parties unless the order is modified by a subsequent order.  The court shall ensure that a signed copy of the order is made available to the attorneys for the parties after it is signed.

Once a Case Management Order is entered, it may only be modified by a subsequent court order upon motion of the court or the parties.  Parties added after entry of a case management order shall be bound by its provisions unless the new parties, by motion, request relief from the provision contained in any prior Case Management Order.

This General Order supercedes Child Protection Division General Order 05-21.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-19

RE: CASE MANAGEMENT CONFERENCE – TERMINATION OF PARENTAL RIGHTS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Case Management Conferences shall be conducted pursuant to Illinois Supreme Court Rule 218 by the judge or an employee of the court designated by the judge.  For purposes of Rule 218 and this General Order a case is considered at issue when service has been perfected on the child respondent and at least one of the parent respondents.

At the conclusion of the conference an order in accordance with Rule 218 (c) shall be entered on a form approved by the Presiding Judge of the Child Protection Division.  If the conference is conducted by the judge’s designee, the designee shall draft a proposed order for review by the judge.  If, after review, the judge enters the order, it shall be binding on all parties unless the order is modified by a subsequent order.  The court shall ensure that a signed copy of the order is made available to the attorneys for the parties after it is signed.

Once a Case Management Order is entered, it may only be modified by a subsequent court order upon motion of the court or the parties.  Parties added after entry of a case management order shall be bound by its provisions unless the new parties, by motion, request relief from the provisions contained in any prior case management order.

This General Order supercedes Child Protection Division General Order 05-22.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-20

RE: ACCESS TO COURT FILES

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The Coordinator of the Pro Se Guardianship Assistance Program has access to all Child Protection Division files on cases which they provide assistance.

This General Order supercedes Child Protection Division General Order 05-23.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-21

RE: FEE PETITIONS IN THE APPELLATE COURT

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

All private court-appointed counsel who prosecute or defend an appeal of a Child Protection Division case in the Illinois Appellate Court shall file and present in the Illinois Appellate Court, any petition for fees or costs relating to that appeal.

This General Order supercedes Child Protection Division General Order 05-24.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-22

RE: COURT APPOINTED SPECIAL ADVOCATES (CASA)

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Court Appointed Special Advocates of Cook County (CASA), an Illinois not-for-profit corporation, is recognized by the Circuit Court of Cook County as a community service organization established to provide trained community volunteers to report to the Court and to make recommendations regarding the best interests of children in the Child Protection Division of the Cook County Juvenile Court System.

In accordance with section 2-17.1 of the Illinois Juvenile Court Act, the Court may appoint CASA as monitor to protect a minor’s health, safety and best interest and to insure the proper delivery of child welfare services.  The court may consider, at its discretion, testimony of the CASA pertaining to the well being of the child.  CASAs shall serve as volunteers without compensation.  The Court may remove a CASA from a case upon a finding that the CASA has acted in a manner contrary to the child’s best interest or if the Court otherwise deems continued service is unwanted or unnecessary.

The presiding judge shall administer an oath or confidentiality to each CASA that shall bind the CASA to faithfully perform the duties set forth herein.  As a court monitor, a CASA shall undertake the following responsibilities:

  1. Interview the child.
  2. Interview other persons with knowledge about the case, such as family members, foster family members, and /or persons living in the family residence.
  3. Interview the teachers, social workers, friends, counselors, therapists, treating medical personnel and any other persons with relevant information about the child’s well being.
  4. Investigate available placement alternatives for the child, including but not limited to relatives, non-relative foster placements, residential and group homes.
  5. Visit the child’s placement
  6. Observe visits between the child and his or her parents and/or proposed caretakers
  7. Observe visits between the child and his or  her siblings
  8. Submit written reports to the court concerning changes in circumstances, recommendations for modifications in disposition or compliance with DCFS service plan requirements and compliance with the orders of the court.
  9. Appear in court at each scheduled hearing.
  10. Continue contact with the child, family members or others as ordered by the court to monitor progress.
  11. Submit a written report to the court and therein set forth findings and recommendations to the best interest of the child.
  12. Maintain confidentiality of information concerning the child and/or parents.

In order to carry out these responsibilities, a CASA shall be entitled to review all records and reports including but not limited to the juvenile court file, law enforcement records, medical records, counseling records and DCFS records except those specifically exempt from disclosure under the AIDS Confidentiality Act (410 ILCS 305), the Mental Health and Developmental Disability Act (740 ILCS 110); the Alcoholism and Other Drug Dependency Act (20 ILCS 305) and /or the Child Sexual Abuse Prevention Act (325 ILCS 15/5).

CASA will also administer the Medically At Risk Kids (“MARK”) Program with participating local hospitals.  Its purpose is to enhance outcomes of medically fragile children who are identified by local hospitals as victims of abuse and neglect.  The MARK Program seeks to assign CASA volunteers to monitor the cases of medically fragile children to ensure that they receive the appropriate medical care and to minimize the potential for re-abuse.  Once appointed to a MARK case, the Court Appointed Special Advocate shall act in accordance with the rights and responsibilities proscribed in this General Order.

CASA shall also be entitled to notice of and admission to all scheduled court dates, service appeals, administrative case reviews, staff meetings or conferences pertaining to the child and/or the parents except for those meeting or conferences where some form of privilege is attached.

As CASA is not a party to the case, any petition, pleading or other filing of which CASA is the object shall be brought before the presiding judge for resolution.

This General Order supercedes Child Protection Division General Order 05-25.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-23

RE: APPELLATE STATUS CALENDAR

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

1.  Illinois Supreme Court Rule 306A requires appellants to serve copies of all notices of appeal on the trial judge.  Those copies shall be served on the trial judge care of the Presiding Judge’s Office, 2245 West Ogden Avenue, 8th Floor, Chicago, IL 60612.  Copies of notices of appeal must be file stamped.  In addition to notices of appeal, this paragraph applies to all other filings related to an appeal that Illinois Supreme Court Rules require to be served on the trial judge.

2.  The status hearings required by Illinois Supreme Court Rule 306A(d) shall be heard by a single Child Protection Judge on a designated Appellate Status Calendar.  No 306A(d) status hearings will occur on the individual geographic calendars.  The Appellate Status Calendar will only hear 306A(d) status hearings and motions relating to those hearings.  The geographic calendars will continue to hear all matters relating to the case other than those relating to Illinois Supreme Court Rule 306A.

3.  The Presiding Judge will announce the dates, times, and locations of the Appellate Status Calendar.  These dates, times, and locations will be posted in the Clerk’s Office and other locations in the Juvenile Court Facility.

4.  At the time the notice of appeal is filed the Clerk of the Circuit Court shall assign the initial date on which the case will be heard on the Appellate Status Calendar and will indicate that date on the notice of appeal.

This General Order supercedes Child Protection Division General Order 05-26.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-24

RE: CHANGE OF PLACEMENT INFORMATION

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The Illinois Department of Children and Family Services (“DCFS”) has agreed to provide the court and parties of record with certain information relating to changes in placement of children that the Cook County Child Protection Division has placed in the custody or guardianship of DCFS.  The information that DCFS has agreed to provide consists of the child’s name, case ID number, court docket number, case manager’s name and team, most recent placement date, and current living arrangement.  To facilitate this agreement,

    1. DCFS shall provide this information by computer printout on a daily basis.  The computer printout may contain codes and DCFS will periodically distribute updated keys to any codes.  The computer printouts shall be made available to the attorney offices (State’s Attorney, Public Defender, and Public Guardian) through the DCFS service plan distribution center.  Copies of the computer printouts and keys shall be posted in the conflict bar attorney office.  In addition, DCFS may choose to distribute this information in any other manner.
    2. The computer printout shall reflect the best available information on the date that the placement change is entered in the DCFS computer system.  Children shall appear on the computer printout on the next day following (excluding Saturdays, Sundays and court holidays) the dates that their placement changes are entered into the DCFS computer system.

 This order does not modify any DCFS rule or procedure regarding placement change notification.

This General Order supercedes Child Protection Division General Order 05-27.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-25

RE: CONFIDENTIAL DOCUMENTS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

Upon motion of any party, a Child Protection Judge may order the Clerk of the Circuit Court to maintain specified documents containing mental health evaluations or other protected information or reports in a separate envelope or folder within the court file.  This separate envelope or folder shall be clearly marked “CONFIDENTIAL” and shall not be removed nor its contents reviewed or distributed until further order of court.

This General Order supercedes Child Protection Division General Order 05-28.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-26

RE: CONSULTING WITH MINORS PRIOR TO PERMANENCY HEARING

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

When setting the date for a permanency hearing, the Court shall order that the minor be present for the hearing, and shall direct the Office of the Public Guardian and the assigned caseworker to work to get the minor to court so that he/she can be consulted in an age appropriate manner prior to the entry of a permanency goal/discussion of a transition plan.  If the minor comes to court, the Court shall consult with the minor in an age appropriate manner prior to the hearing.  If the minor refuses to come to court, or it is determined that it is not in the minor’s best interest to come to court,  the Court shall make a record of the efforts undertaken to bring the minor to court. 

In the event that the minor is not present for the Permanency Hearing that shall not necessarily, by itself,  be grounds for a continuance.  The minor shall be encouraged to share his/her opinions regarding the permanency goal/transition plan with the Court through means such as, but not limited to, discussion with the his/her assigned attorney, discussion with his/her assigned caseworker, or a letter to the court.  In the event that the minor does not do this prior to the hearing, the record shall be supplemented with any information sent by the minor to the Court subsequent to the hearing.

This General Order supercedes Child Protection Division General Order 07-1.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-27

RE: COURT FAMILY CONFERENCE

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

a. A Court Family Conference shall be held not less than 56 days after a Temporary Custody Hearing.

b.  (a) All parties must appear in person at the Court Family Conference, except for the minor who may appear in person or through a guardian ad litem or his or her attorney.  In the case of a party having a pending criminal action arising out of the allegations in the petition, that party may be excused from attending the court family conference and will, instead, be represented at the conference by counsel.   Unless there are special circumstances that make it inappropriate for them to attend, minors, particularly adolescents and young adults, are expected to attend.  The caseworker assigned to the case also must appear.  If no party objects, a foster parent may participate in the Conference.  If any party objects, the court in its discretion may exclude the foster parent but the foster parent retains the right to be heard by the court before the end of the proceedings.  The court may in its discretion allow other persons interested in the minor to attend the Conference at the request of the child or a parent.   Additionally, if a CASA volunteer has been appointed, the court may allow him/her to participate.  The failure to appear by one of the parties (with the exception of the child or his/her guardian ad litem or attorney) shall not prevent the court from going forward with the Court Family Conference.  

If the parent(s) are not present for the Conference, testimony shall be taken from the caseworker regarding whether the parent received notice of the Court Family Conference, what services are appropriate for the parent(s) and whether the services have been offered, as well as all aspects of services to the children.

(b)If all parties are present for the Conference, the judge shall conduct the conference off the record and summarize what happened at the Conference for the record at its conclusion.  If the parents are not present, the Court shall conduct the entire Conference on the record.

c.  Disclosure of Service Plan:  DCFS or its assigns shall provide the most recent service plan to all parties seven days before the Court Family Conference.  In the event that the service plan has not been filed with the court prior to the Court Family Conference, the court shall convene the Court Family Conference and discussion shall focus on services that would appropriately be included in the plan.  Such discussion should ensure that the family and the caseworker have a clear understanding of the expectations of the court.

d.  (a) The discussion at the Court Family Conference shall focus on eliminating the causes or conditions that contributed to the findings of probable cause or the existence of urgent and immediate necessity.  At the conclusion of the discussion the court shall set a target date for unsupervised visitation, return home, and/or closure whenever possible.   The court will caution the parties that the dates are targets, and that the court will still need to determine the appropriateness of unsupervised visits, return home, or case closure upon hearing all evidence presented.  If the court determines that setting a target date for unsupervised visitation, return home, or closure is not possible or premature, the judge shall make clear to the parties and to the caseworker what needs to be accomplished before the court will consider setting a target date for unsupervised visitation, return home, and/or case closure.  The judge shall set out clear time frames, whenever possible,  in which the court expects the parties and the caseworker to accomplish what must be done.

(b) The discussion at the Court Family Conference shall include services for the parent and child contained in the service plan, which was filed with the court.  The plan for visits between the parent(s), child and/or any siblings shall also be reviewed.  Agreed upon changes are incorporated into the court order and initialed by the caseworker, the attorneys, and the family.  Within 5 days of the CFC the caseworker will take steps to update information in SACWICS with any changes and distribute the revised plan to all parties. 

(c) If the service plan was not available prior to beginning the Court Family Conference,  the judge shall commence and continue the Court Family Conference to ensure that the case plan is completed and that it addresses the needs of the family and the expectations of the court.  The court shall commence and continue the Conference to the earliest date possible allowing sufficient time to do the necessary work.  Services and visitation plans agreed upon at this commenced and continued Conference and included into the Court Family Conference Order shall be incorporated into the service plan being developed by DCFS and/or its assigns.  That revised service plan shall be reviewed at the subsequent Court Family Conference, if one is scheduled, when the plan is available to the court and all parties.

e. The Judge determines whether a referral to mediation might advance progress in the case.  A referral to mediation at this stage of the case would be appropriate to address, among other things, the following issues: 

(a) Communication and relationship building;

(b) Visitation scheduling and facilitation, and alternatives for supervision;

(c) Exploring placement options within the parents’ extended families.;

(d)Service and visitation issues when parents do not participate in a Court Family Conference due to pending criminal charges. f. The Court Family Conference shall be scheduled in conjunction with the Case Management Conference.  The sequence in which these conferences are held shall be at the discretion of the judge.

g. The Judge shall summarize the outcome of the Court Family Conference on the record, and enter all appropriate orders including, but not limited to, the CFC order.

This General Order supercedes Child Protection Division General Orders 05-15 and 07-1.

The order is entered this date, March 19, 2009, and shall be spread of record and published.

 

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-28

RE: FEE PETITIONS FOR COURT APPOINTED ATTORNEYS

IT IS HEREBY ORDERED THAT:

  1. Effective April 3, 2006 all attorney fee petitions for court appointed attorneys must be filed by the earlier of : A) 30 days after entry of a final order closing the case, or B) six (6) months after the attorney performed the service or incurred the cost.
  2. Attorneys who have cases with outstanding current obligations greater than six (6) months old must file, and motion for hearing, attorney fee petitions for those obligations by April 3, 2006.

This General Order supercedes Child Protection Division General Order 05-29.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

 

Patricia M. Martin
Presiding Judge
Child Protection Division


IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-29

RE: DIGITAL RECORDING OF PROCEEDINGS

The Illinois Supreme Court has provided that circuit court proceedings may be recorded verbatim by a certified court reporter or by digital electronic recording equipment (“digital recording”), subject to regulations of the Administrative Office of the Illinois Courts and Order of the Court.

            IT IS THEREFORE ORDERED THAT:

  1. Courtroom 10-J is designated as a pilot courtroom for proceedings to be recorded verbatim by digital recording equipment.
  2. When digital recording and an official state paid court reporter (“official court reporter”) are both present at a court proceeding, the transcript of the official court reporter’s notes shall be the official record.
  3. No individual other than the Circuit or Associate Judge assigned to the case may obtain or listen to copies of digital recordings of the proceedings without order of the Presiding Judge of the Child Protection Division.
  4. Digital recordings of proceedings shall remain under the control of the Circuit Court of Cook County with access to such recordings subject to regulations set by the Administrative Office of the Illinois Courts, Circuit Court of Cook County Local Rules, and such general or administrative orders as may be entered by the Chief Judge of the Circuit Court of Cook County or the Presiding Judge of the Child Protection Division, except that no party shall be entitled to request a transcript from digital recording when a transcript of the official court reporter’s notes constitutes the official record.
  5. Digital recordings of proceedings shall be disseminated by transcripts prepared by the digital recording control room staff. The transcript and not the medium shall be the official record. A certificate is to be signed and attached to the transcript by the digital recording control room staff member stating that, to the best of his/her ability, the transcript is a true and accurate transcript of the digitally recorded proceeding.
  6. All digital recording transcript requests shall be in writing and submitted to the digital recording control room supervisor and shall be subject to the policies set by the Administrative Office of the Illinois Courts.

This General Order supercedes Special Order 08-1.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-30

RE: CITIZEN’S PETITION CALENDAR

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF COURT,

  1. All cases not initiated by the State’s Attorney in which, pursuant to Section 2-13 of the Illinois Juvenile Court Act of 1987, an adult person, any agency, or association by its representative files a petition in respect of a minor under the Act, shall be heard by the Presiding Judge or acting Presiding Judge of the Child Protection Division.
  2. The entity bringing a petition shall contact the Presiding Judge’s Office to set a date, time, and location for the initial hearing or motion.
  3. All cases currently pending that meet the criteria of paragraph one and which have not had an initial hearing are reassigned to the Presiding Judge of the Child Protection Division.

This General Order supercedes Child Protection Division General Order 08-2.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

 

Patricia M. Martin
Presiding Judge
Child Protection Division

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-31

RE: CONSULTING WITH MINORS PRIOR TO PERMANENCY HEARING

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF COURT,

General Order 09-26 is hereby vacated.

This order is entered this date, April 17, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-32

RE: ASSIGNMENT OF CASES

IT IS HEREBY ORDERED THAT:

EFFECTIVE AUGUST 3, 2009 AND UNTIL FURTHER ORDER OF COURT,

1. New petitions for children who have siblings with open cases in this Division will be assigned to the calendar of the siblings with the most recent docket numbers.

2. With the exception of the cases covered in paragraph 1, all new petitions filed will be assigned randomly.

This General Order supersedes Child Protection Division General Order 09-12.

This order is entered this date, July 28, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 09-33

RE: MEDIATION AND FACILITATION

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF COURT,

1. The Cook County Child Protection Mediation Program will now be known as the Cook County Child Protection Mediation and Facilitation Program.

2. All new cases shall be ordered to the Cook County Child Protection Mediation and Facilitation Program at the conclusion of the temporary custody hearing where at least one parent is present and where the Guardianship Administrator of the Illinois Department of Children and Family Services or a private individual is appointed temporary custodian. 

3. In the event that no parents appear for the initial temporary custody hearing, the case shall be ordered to the Cook County Child Protection Mediation and Facilitation Program at the conclusion of the first pre-adjudication hearing where at least one parent is present. 

4. New cases may also be referred to the Cook County Child Protection Mediation and Facilitation Program when the court determines that it is in the child’s best interest that he or she remain in, or be returned to a parent’s care under an Order of Protection or a Continuance Under Supervision.

5. The above referenced cases shall be referred to the Cook County Child Protection Mediation and Facilitation program in the following manner:

a. Once the court determines the matter is appropriate for mediation pursuant this general order the court coordinator will page 312/689-2729 and enter the Calendar number and the phone extension for the courtroom.  If courtroom personnel do not have access to an outside line, a call will be made to the program assistant at extension 5259.  (Due to signal interference within the building, if a mediator does not respond to the page within 10 minutes, a call will be placed to the program assistant at extension 5259.)

b. If the hearing is concluded before a mediator arrives, all individuals who will be ordered to mediation should be asked to remain in the court anteroom until a mediator arrives.  The court coordinator will distribute intake forms to all individuals being ordered to mediation. 

This order is entered this date, November 2, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division

 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
DEPARTMENT OF JUVENILE JUSTICE AND CHILD PROTECTION
CHILD PROTECTION DIVISION

GENERAL ORDER 11-1

RE: ASSIGNMENT OF CONFLICT ATTORNEYS

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY,

Private attorneys are assigned to this building on a regular basis; Monday through Friday. These attorneys, whose names appear on a list in the Presiding Judge’s Office, will be assigned conflict cases in rotation.

Whenever a judge finds that there is a conflict, and the party is unable to afford a private attorney, the Judge will enter an order finding a conflict and the inability to pay and transfer the case instanter to the Office of the Presiding Judge where it will be assigned to an attorney on duty that day who will appear in court and file an appearance.

This order is entered this date, February 22, 2011, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division

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