Part 19A - Abuse, Neglect and Dependency Proceedings

    (A) Form of the Petition or Supplemental Petition

    (1) Every action in the abuse, neglect and dependency section of the Juvenile Division shall be commenced by the filing of a Petition for the Adjudication of Wardship. Allegations may be added by filing a supplemental petition.

    (2) Each petition shall be verified, but the statements may be on information and belief. The verification shall be signed by an appropriate staff member of the Illinois Department of Children and Family Services, or other informant.

    (3) The State's Attorney or other attorney representing the petitioner, if represented, shall sign the petition.

    (4) The form of the petition in Appendix A shall be used.

    (5) The petition shall include in its caption the most important allegation and statutory citation. If available, include in the petition (a) the family folder number; (b) the attorney code; (c) the key date of Department of Children and Family Services staff member assigned to the case, (d) DCFS identification number.

    (B) Time and Procedure for Filing a Supplemental Petition

    (1) Within the fourteen (14) day period following the filing of the original petition, any party may file a supplemental petition without leave of court. Notice shall be given to all parties and the Department of Children and Family Services.

    (2) After expiration of the fourteen (14) day period, Notice of Motion for Leave to file a supplemental petition, shall be given to all parties and Department of Children and Family Services.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Form and Content of Answer

    All answers must be filed in writing. The answer may deny all legal conclusions in the petition generally. The answer shall admit or deny each factual allegation, state that the respondent lacks knowledge sufficient to form a belief and attach an affidavit of the truth of the statement of lack of knowledge, or refuse to answer based on the respondent's Fifth Amendment right against self incrimination.

    (B) Time for Filing

    An answer or motion with respect to pleadings must be filed within twenty one (21) days after the date of the filing of the petition or the Rule 19A.1 Section B supplemental petition whichever is later. Upon motion and a showing of good cause the court may extend the time for filing.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Any motion for a temporary custody hearing filed by the Department of Children and Family Services in the case of an alleged abused, neglected or dependent minor, must be accompanied by an affidavit signed by a representative of the Department of Children and Family Services setting forth the efforts taken by the Department of Children and Family Services to prevent or eliminate the necessity of removal of the minor from his or her home. This affidavit shall be attached to the motion.

    (B) The affidavit shall be substantially in the following form:

    STATE OF ILLINOIS

    COUNTY OF COOK

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    IN THE CIRCUIT COURT OF
    COOK COUNTY, ILLINOIS
    COUNTY DEPARTMENT, JUVENILE DIVISION
    IN THE INTEREST OF

     

    ___________________
    A Minor

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    No.

     

    AFFIDAVIT DOCUMENTING DCFS EFFORTS

    I, __________________________________________, certify and state as follows:
    1. I am a(n) investigator / DCFS caseworker (circle one) assigned to the above captioned case.
    2. The event(s) that brought this case to the attention of DCFS at this time is:
    ____________________________________
    3. The specific reason(s) I have identified that lead(s) DCFS to place or consider placing the child are as follows:
    ____________________________________
    The above information is based on:
    _____My own personal knowledge.
    _____Information received from other sources, which I believe to be true.
    4. Based on the reason(s) I have identified, (check one):
    _____(a) The specific efforts (with names of providers, if applicable) that were made to prevent placement are explained and described below:
    _______________________________
    _______________________________
    or
    _____(b) Under the circumstances, no efforts would prevent placement of the child because of the following:
    ____________________________________
    ____________________________________
    The above information is based on:
    _____My own personal knowledge.
    _____Information received from others, which I believe to be true.
    Under penalties provided by law, pursuant to Section 1-109 of the Illinois Code of Civil Procedure, I certify that the statements set forth above are true and correct, except as to matters stated above on information and belief as to these matters. I certify that I believe those statements to be true.

    __________________________________________
    (Signature)
    __________________________________________
    (Date)

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Motion for Temporary Custody

    (1) A Motion for Temporary Custody shall be in writing and contain facts supporting findings of probable cause and urgent and immediate necessity as required by Ill. Rev. Stat., ch.37, par. 802-10[705 ILCS 405/2-10]. Previously filed petitions and affidavits may be incorporated by reference in the motion;

    (2) Whenever the motion is made by the Department of Children and Family Services, the movant must submit an affidavit of efforts signed by a representative of the Department of Children and Family Services or the probation department in accordance with Ill. Rev. Stat., ch. 37, par. 802-10(2) [705 ILCS 405/2-10(2)], in substantially the form set out in Rule 19A.3.

    (B) Notice

    (1) Where temporary protective custody is taken prior to the motion, notice to the parties must satisfy the Juvenile Court Act;

    (2) In other cases, notice must be given in accordance with the Code of Civil Procedure and Circuit Court Rules.

    (C) Time for Hearing

    (1) When temporary protective custody has been taken, hearing on the motion shall be within forty-eight hours, exclusive of Saturdays, Sundays and court-designated holidays;

    (2) When temporary protective custody has been taken, motions shall be heard on the court's emergency call.

    (D) Pre-hearing Matters

    (1) All exhibits, reports and evidence to be presented at the hearing shall be exchanged and pre-marked as exhibits;

    (2) The parties shall reach a stipulation of uncontested facts pending adjudication.

    (E) Temporary Custody Hearing Order

    (1) The Temporary Custody Hearing Order will state the findings of the court and order the minor to remain or be returned home, or otherwise placed;

    (2) An Order of Protection under Section 2-25 [705 ILCS 405/2-25] where appropriate, shall be used by the court, whether or not temporary custody is taken, to order or recommend conditions to be imposed on the parents, caretakers, or other parties, particular services to be provided to the family, and visitation pending adjudication;

    (3) Any Order of Protection shall be on a separate form which states that it is incorporated into the Temporary Custody Hearing Order;

    (4) A copy of the Temporary Custody Hearing Order and the Order of Protection shall be given to each party.

    (F) Motion for Statutory Rehearing

    (1) The motion, made upon filing of an affidavit of no actual notice or absence of the parent from the hearing, shall be treated as an emergency and set for rehearing not later than forty-eight (48) hours after filing, excluding Saturday, Sunday and legal holidays, in compliance with Ill. Rev. Stat., ch. 37, par. 802-10(4) [705 ILCS 405/2-10(4)].

    (2) The statutory rehearing shall be treated as an original Temporary Custody Hearing as required by Ill. Rev. Stat., ch. 37, par. 802-10(4) [705 ILCS 405/2-10(4)]. The order entered shall comply with (E) above.

    (G) Motion under Ill. Rev. Stat., ch. 37, par. 802-10(9) [705 ILCS 405/2-10(9)], to Modify or Vacate an Order Granting Temporary Custody

    (1) The motion shall set forth facts, not available at the hearing at which the order granting temporary custody has entered, which satisfy the statutory grounds for granting a motion modifying or vacating order granting temporary custody;

    (2) Notice must be given in accordance with the Code of Civil Procedure and Circuit Court Rules;

    (3) The matter shall be set for hearing not later than fourteen days after such motion is filed, in compliance with Ill. Rev. Stat., ch. 37, par 802-10(9) [705 ILCS 405/2-10(9)];

    (4) At the close of the hearing, a Section 2-10(9) [705 ILCS 405/2-10(9)] Hearing Order shall be entered.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Time of Hearing

    (1) Hearing shall be held within 90 days of service of process upon the parents of the minor, any guardian or legal custodian;

    (2) Continuances of the hearing may be obtained for a period not to exceed 30 days, unless all parties consent and the court approves.

    (B) Stipulations and Admissions

    (1) Parties are encouraged to stipulate to facts not in dispute;

    (2) Before accepting a stipulation or admission, the court shall determine that the parties understand the content and consequences of the admission or stipulation, and that they voluntarily consent;

    (3) Written copies of the admission or stipulation shall be filed, and provided to parties and their counsel.

    (C) Order and Findings of Fact

    (1) The written order shall specify the statutory sections found to have been violated;

    (2) Following the close of evidence and argument the Court may reserve ruling for a period not to exceed five days. The court may enter any findings of fact in writing or orally into the record.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Time of Hearing

    (1) Hearing shall be held within 30 days after the findings at the adjudication hearing. The cause may be continued once not to exceed 30 days when necessary to complete the social investigation;

    (2) The time limits may be waived only by consent of all of the parties and approval of the court.

    (B) The Hearing

    (1) The social investigation shall be provided to the parties and counsel at least 5 days prior to the dispositional hearing. The court may waive this rule.

    (2) The preparer of the social investigation shall appear at the hearing;

    (3) All exhibits shall be pre-marked.

    (C) Disposition Order

    (1) The Disposition Order entered by the Judge shall be on forms provided by the Clerk of the Court;

    (2) Any Order of Protective Supervision under Section 2-24 [705 ILCS 405/2-24] or Order of Protection under Section 2-25 [705 ILCS 405/2-25] shall be on a separate form and shall state that it is incorporated in the Disposition Order.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (1) The court shall enter a new Disposition Order, a Temporary Custody Hearing Order, or a Section 2-10(9) [705 ILCS 405/2-10(9)]Hearing Order, depending on the nature of the motion being heard, at all post disposition hearings of requests for change of placement of a minor which are being sought after the original Disposition Order has been entered.

    (2) A 2-25 [705 ILCS 405/2-25] Order of Protection or a 2-24 [705 ILCS 405/2-24] Order of Protective Supervision, where appropriate, shall be used by the court to order or recommend conditions to be imposed on the parents, caretakers, or other parties, particular services to be provided to the family, and visitation.

    (3) Any Order of Protection or Order of Protective Supervision shall be on a separate form and shall state that it is incorporated into the order being entered.

    (4) A copy of the order that changes placement and the Order of Protection or the Order of Protective Supervision, if applicable, shall be given to each party.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (Reserved)

    (A) Petition

    Every request for termination of parental rights in which there is an action pending in the Abuse, Neglect and Dependency Section of the Juvenile Division shall be commenced by filing a petition or a motion, in compliance with 705 ILCS 405/2-13, in the pending abuse, neglect or dependency case of the minor. The petition shall include the statutory ground for termination and may be supplemented or amended, and may incorporate findings in any adjudication of a petition for abuse, neglect or dependency.

    (B) Default Hearings

    (1) The court shall determine that proper notice has been given and record its findings;

    (2) Petitioner shall present affidavits, which satisfy Supreme Court Rule 191, or witnesses.

    (C) Uncontested Cases

    The court shall conduct a hearing when parents voluntarily consent or surrender the minor or fail to contest the case. At the hearing petitioner shall make a prima facie showing that there is a legal basis for the termination of parental rights, and:

    (1) If the parent is present in court, the court shall determine whether the parent fully understands the consequences of a consent or surrender, and right to representation by counsel;

    (2) If the parent is not present in court but has signed a consent or surrender, the court shall determine whether there has been compliance with all state law requirements regarding a written voluntary consent or surrender and whether the parent was thoroughly advised of and understood the consequences of consent or surrender.

    (3) If the parent is not present in court and has not signed a consent or surrender but has failed to contest the termination, the court shall determine whether the parent has been given proper notice of the proceedings.

    [Amended, effective April 10, 2000 ]

    After the petition is filed, all requests for action by the court shall be made by motion. Motions and Notice of Motions will be made pursuant to the Code of Civil Procedure, Supreme Court Rules and Rules of the Circuit Court. Emergency motions shall be made pursuant to Circuit Court Rule 2.2.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) A motion asking that an order previously entered by the courts should be modified shall:

    (1) be headed with the caption of the case;

    (2) be titled "Motion to Modify an Order (name of order) entered (date of order)";

    (3) state the part of the order to be modified, clearly indicating, when applicable, the section by letter or number, the modification sought, the reason(s) for the modification, and that the modification is in the best interest of the minor;

    (4) if necessary, attach an affidavit stating further facts in support of the motion.

    (B) Order

    The order entered on the motion shall state:

    (1) whether the motion is granted or denied;

    (2) that the order is in the best interest of the minor;

    (3) the name of the order being modified;

    (4) the date the order being modified was entered;

    (5) the provision of the order being vacated, if any; and

    (6) the modification.

    (C) A motion to modify and modification order shall not be used to change the placement of a minor.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Limited Discovery Upon First Court Appearance

    Upon the first court appearance by counsel for respondent, the state shall provide counsel with any documents used to provide information supporting the allegations in the petition including but not limited to the DCFS Request for Filing Abuse/Neglect Petition and any similar documents.

    (B) Limited Discovery Subsequent to the First Court Appearance

    Discovery limited to written requests for information, documents, records, or evidence available for inspection, testing, copying or photographing may be undertaken between the parties without the leave of court. Any party receiving such a written request shall, within ten days, excluding weekends and court holidays, comply with the request or provide a written explanation of the reasons for non-compliance to the parties and the court.

    (C) Judicial Management of Discovery

    All provisions for discovery set out in the Supreme Court Rules are enforceable in the Juvenile Division for good cause shown at the discretion of the court.

    [Adopted December 31, 1992, effective January 4, 1993.]

    Motions relating to discovery, service of process, or case scheduling may be heard by telephone conference call. Any party may request a court reporter to transcribe the conference.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) The court may convene a pre-hearing conference on its own motion or upon the request of any party.

    (B) Depending upon the circumstance of the case, the purposes of pre-hearing conference shall be to:

    (1) Review efforts to locate and serve all parties;

    (2) Determine whether the child shall be present and testify at adjudication and, if so, under what conditions;

    (3) Conclude any unresolved discovery matters;

    (4) Identify issues of law and fact for trial;

    (5) Develop a list of possible witnesses with a brief summary of their testimony and stipulations; and

    (6) Confirm the trial date and estimate the length of the trial.

    (C) Parties shall have a continuing obligation to update information provided during the pre-hearing conference.

    [Adopted December 31, 1992, effective January 4, 1993.]

    In non-emergency matters, a scheduling review may be held prior to the hearing date by the judge or the judge's designee. At the scheduling review all reports, documents, stipulations, agreements, and proposed agreed orders will be tendered to the court. If any required report, document, stipulation, agreement, or proposed agreed order cannot be tendered at the scheduling review, the reason for the failure to tender and the date the court can expect to receive it shall be given. The hearing will then either be rescheduled or the parties held to the original hearing date.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) The parties shall provide the court with the following information in connection with any stipulation or uncontested adjudication:

    (1) Agreed upon facts supporting an adjudication of neglect, dependency or abuse; and

    (2) Agreed upon facts supporting court involvement regarding parental problems, conduct or condition.

    (B) Before accepting a stipulation or an admission the court shall determine that the parties understand the content and consequences of the admission or stipulation and that they voluntarily consent. Written copies of the stipulation shall be provided to the parties and their counsel.

    [Adopted December 31, 1992, effective January 4, 1993.]

    Within seven (7) days of receiving an order including provisions for DCFS to provide any services to any party to a matter pending in the Juvenile Division, DCFS may on motion request that the order be vacated or modified. The motion shall state the grounds for the objection and otherwise conform to these rules.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (A) Preservation of Records and Exhibits

    A verbatim record of all stages of the proceedings shall be kept, either by stenographic reporter or recording device. Exhibits admitted into evidence shall be retained by the court for seven years after the dismissal of all proceedings regarding child, unless preservation of the exhibit is impractical or the parties agree that it is no longer necessary.

    (B) Obtaining Transcripts

    Transcripts shall be available to attorneys for parties on request. Transcripts ordered by the court or parties shall be tendered within thirty (30) days.

    [Adopted December 31, 1992, effective January 4, 1993.]

    (i) Actions eligible for referral to mediation/facilitation.  

    (a)  Child Protection Cases. Pursuant to Supreme Court Rule 905(a), the Child Protection Mediation and Facilitation Program (Program) shall make mediation available in all cases involving the custody of or visitation with a child that are initiated under article II of the Juvenile Court Act of 1987. The program focuses on issues impacting temporary or permanent custody and visitation including but not limited to: placement, communication, relationship building and mending, preventing and resolving conflict, services, child welfare and court processes, and back-up planning for older caregivers. Any matter or conflict that may be interfering in any way with visitation or any custody determination is appropriate for mediation. 

    (1) All new cases shall be ordered to the Program for a facilitation session 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.  In the event that no parents appear for the initial temporary custody hearing, the case shall be ordered to the Program for a facilitation session at the conclusion of the first hearing where at least one parent is present. 

    (2) At the court’s discretion new cases may be referred to the Program for the purpose of discussing matters identified in paragraph (a) 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.

    (3) At any time after the temporary custody hearing, if the court determines that a matter is appropriate for mediation the case shall be referred to mediation regardless of the stage of the child protection proceeding.  Attorneys, social workers, CASA volunteers, family members, or any other individual involved in the case may request that it be referred to mediation. The Court may also refer cases to mediation sua sponte and over any party's objection.

    (b) Other Cases.  Pursuant to Supreme Court Rule 905(a), the Program shall make mediation available in all cases involving custody of or visitation with a child that are initiated under articles III and IV of Juvenile Court Act of 1987, and guardianship matters involving a minor under article XI of the Probate Act of 1975.   Any matter or conflict that may be delaying or impeding visitation or any custody determination is appropriate for mediation. When the court determines that a matter is appropriate for mediation it shall be referred to mediation regardless of the stage of the proceeding.  In such cases, attorneys, social workers, probation officers, family members, or any other individual involved in the case may request that it be referred to mediation.  The Court may also refer cases to mediation sua sponte and over any party's objection. 

    (ii) Appointment, qualifications and compensation of the mediators.

    (a) Appointment of Mediators.  The Presiding Judge of the Child Protection Division, with the consent and approval of the Chief Judge of the Circuit Court of Cook County, will appoint mediators.

    (b) Mediator Qualifications.  Mediators shall possess one or more of the following: (1) a bachelor's, master's, or doctoral degree in psychology, social work, marriage and family therapy, conflict resolution, or other behavioral science, substantially in the field of juvenile and family law related to family relations, domestic violence, or child development, from an accredited college or university; (2) a Juris Doctorate degree with demonstrated experience; or (3) a background in mediation with experience acceptable to the Court to be served.  All mediators hired after the adoption of this rule shall successfully complete a minimum 40-hour mediation training skill program conducted by the Center for Conflict Resolution or comparably recognized training program, or provide verifiable evidence of prior successful completion of such a program and recent mediation experience acceptable to the Presiding Judge of the Child Protection Division. Mediators shall also have knowledge and/or experience in the workings of the local child protection and juvenile court systems, the dynamics of child welfare administration, and local community resources.

    (c) Mediator Compensation. Mediators will be compensated pursuant to personnel grade levels as approved by the Cook County Board.

    (iii) Scheduling of mediation conferences. Referral to mediation or facilitation shall be made by Order to Mediation/Facilitation.  Sessions shall be held at a location provided by the Court. When a case is referred to mediation or facilitation, program staff will prepare all necessary court orders and will work with court personnel, the parties, and other involved individuals to schedule a date and time for the initial mediation session and any subsequent sessions that may be required to fully address the referred issues and other issues raised during the initial session.  All individuals expected to participate in mediation sessions must complete intake forms and submit them to mediation staff.  When a case is ordered to mediation or facilitation, a return date before the Judge will also be set.  After a case is scheduled, the program director has the authority to cancel a session for good cause after determining that a case is not appropriate for mediation and facilitation.

    (iv) Conduct of the conferences.

    (a) Who May Participate.  The Court may order and the Program anticipates that parents, guardians, foster parents, attorneys, guardians ad litem, social workers, and CASA volunteers will actively participate in the sessions.  Other professionals involved with the family, such as counselors, sponsors, and school personnel may be included.  In addition, in some cases individuals involved with a participant in a supportive capacity may be permitted to accompany the participant to mediation and to participate in the session if his or her participation is likely to help resolve the issues.  However, the actual list of participants included in any session will be determined on a case-by-case basis.  Following the initial mediation or facilitation session, subsequent sessions may be scheduled which include various combinations of individuals who participated in the initial session, as well as others who did not previously participate.  The mediators have the discretion to exclude an individual if they determine that doing so would advance the process and the discussion. The mediators may conduct a child interview prior to the session to determine whether it is appropriate for a minor to participate in the session.  The minor's guardian ad litem, attorney, and/or case manager may be present during the interview. The Program staff shall make all final determinations as to the appropriateness of a minor's participation in a  mediation/facilitation session.

     (b) The Process. For all mediations and facilitations the Program typically utilizes a facilitative co-mediation model which involves: an orientation by one of the mediators; brief opening statements by each of the participants; open discussion facilitated by the mediators; and caucuses with select individuals in various combinations as needed. 

    (c) Use of Interpreters.  Whenever possible,  mediations, facilitations and caucuses shall be conducted in the shared language of the participants. When the participants speak different languages, court-certified interpreters will be assigned to translate.

    (v) Discovery.  Pursuant to the Uniform Mediation Act, 710 ILCS 35/1 et seq., mediation communications are privileged against disclosure and not subject to discovery or admissible in evidence in a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery.  Mediation communications are also privileged against disclosure and not subject to discovery or admissible in evidence in a legislative hearing or similar process.  Disclosure of mediation communications shall not be compelled in any arbitration, administrative hearing, adjudication, civil action, or non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given.  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissable or protected from discovery solely by reason of its disclosure or use in mediation. For the purpose of this section and section (ix), communications made during facilitation sessions are also considered “mediation communications” as defined in the Uniform Mediation Act.

    (vi) Absence of party at session and sanctions.  Participation in all of the sessions required to address the issues referred to mediation, and other issues raised during the initial session, is mandatory for all persons ordered by the court to participate. A mandated person who fails to participate in  a session may be subject to court-ordered sanctions. Upon agreement of those present, a session may proceed in the absence of an ordered individual if the mediators deem it appropriate.

    (vii) Termination and report of mediation or facilitation session.

    (a) Termination.   Each session will end with the consensus of the parties unless a mediator determines the session should be terminated prior to such consensus. The mediators shall have the power to suspend or terminate the session if it is determined that it cannot be conducted in a safe and balanced manner. The mediator shall also suspend or terminate the session if it is determined that any party is unable to participate in an informed manner for any reason, including fear or intimidation.

    (b) Mediation/Facilitation Report. A mediation/facilitation report, indicating the number of sessions conducted pursuant to the Order to Mediation/Facilitation, and a continuance order shall be completed by the mediators at the end of each  session and submitted to the Court. The report shall also inform the Court if an ordered participant failed to appear. Additionally, the report shall indicate whether the participants reached full agreement, partial agreement, or no agreement. Any agreement reduced to writing shall be attached to the mediation/facilitation report. Oral agreements will be recorded as no agreement for the purpose of the mediation/facilitation report. If the mediation or facilitation did not occur, the report shall inform the Court why it did not occur, whether an informal discussion was facilitated amongst the participants in attendance, and whether the case has been or will be reset for mediation or facilitation.  If, after the initial meeting, it was determined that the case was not suitable for mediation or facilitation at the time, the report will so indicate. 

    (viii) Finalization of agreement. If agreement is reached by the participants and they wish to reduce their agreement to writing, the mediators will assist them in memorializing their agreement. Any executed Memorandum of Agreement is tendered to the Court for approval.  Once the Court approves and enters the Memorandum of Agreement, it is fully enforceable by the Court.

    (ix) Confidentiality. Except as provided in paragraph (a) below, all mediation communications occurring during the course of the Child Protection mediation or facilitation process shall remain confidential in accordance with the terms of the Uniform Mediation Act.  Mediation communications shall not be disclosed in meetings, case reviews, staffings, or in similar settings.  In addition, mediation communications shall not be recorded in memoranda, case notes, reports, case plans, uniform progress reports, or similar documents.

    (a) Exceptions. In the Cook County Child Protection mediation or facilitation process, any mediator or mediation participant may disclose:

    (1) new allegations of abuse or neglect that are revealed during the mediation process;

    (2) threats or statements made in mediation where failure to disclose is likely to result in serious or imminent harm to any person;

    (3) communications that activate mandatory reporting obligations, in accordance with the provisions of the Abused and Neglected Child Reporting Act (325 ILCS 5/1-5/4), of any mediator, mediation party, or nonparty participant;  

    (4) mediation communications that are included in any Memorandum of Agreement; and

    (5) as otherwise expressly provided by law.

    (x) Mechanism for reporting to the Supreme Court on the mediation program.   The Circuit Court of Cook County through the Office of the Chief Judge shall report to the Supreme Court the number of cases submitted to the Program pursuant to this rule. This report shall also contain the type and number of issues resolved through the program.  Said report shall be submitted to the Supreme Court for the calendar year not later than the first day of March of the next calendar year.

    [Amended, effective February 25, 2014.]

    A copy of all documents, records or other materials, including but not limited to all Illinois Department of Children and Family Services reports and evaluations and clinical or diagnostic psychological and psychiatric reports considered in the evaluation of the minor, the family of the minor and all members of the minor's household and all other relevant material, shall be filed with the Court prior to any hearing on any petition involving the minor and/or the family of the minor. Any material submitted to the Court pursuant to this paragraph shall be held strictly confidential. The person or agency submitting the documents, records or other materials may submit a request to the Court limiting release of the information. If a request is submitted, the Court may only release the information after an in-camera inspection of the material, notice to interested parties, and a hearing to determine whether any of the information is privileged or protected under any statute of the State of Illinois. If the Court decides that the material is neither privileged nor protected, then the Court may release the information, if the release is in the best interest of the child.

    [Adopted December 28, 1993, effective January 1, 1994.]
     

    APPENDIX A

    PETITION FOR ADJUDICATION OF WARDSHIP
     

    STATE OF ILLINOIS

    COUNTY OF COOK

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    IN THE CIRCUIT COURT OF
    COOK COUNTY, ILLINOIS
    COUNTY DEPARTMENT, JUVENILE DIVISION
    IN THE INTEREST OF

     

    Minor(s)

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    No.

    PETITION FOR ADJUDICATION OF WARDSHIP

    ___ ORIGINAL ___SUPPLEMENTAL ___ ____________________SUPPLEMENTAL

    Now comes __________________________________, and petitions this court to adjudicate_______________________,
    a ward of the court. In support, petitioner, on oath or affirmation, based on information or belief states as follows:
    1. __________________________________________ is a (male/female) minor born on______, 19___, who
    resides or may be found in this County at ____________________________________________, Illinois ___________.
    2. The names and residence addresses of the minor's parents, legal guardian, and/or custodian

      Name Residence Address City and State
    Father:      
    Mother:      
    Legal
    Guardian:
         
    Custodian:      

    The minor and the persons named in this paragraph are designated respondents.
    3. The minor was
    _____ not taken into protective custody.
    _____ taken into protective custody on _____, 19______, at ______(a.m./p.m.).
    4. A Temporary Custody hearing has been set for ____, 19_____, at______(a.m./p.m.).

    ( )5. The minor was neglected pursuant to Juvenile Court Act, section
    _____ 2-3(1)(a), (lack of care), the facts supporting this are _______________________
    _____ 2-3(1)(b), (injurious environment), the facts supporting this are ______________
    _____ 2-3(1)(c), (drug exposed infant), the facts supporting this are ________________
    ( )6. The minor was abused pursuant to Juvenile Court Act, section
    _____ 2-3(2)(i), (physical abuse), the facts supporting this are ___________________
    _____ 2-3(2)(ii), (substantial risk/physical injury), the facts supporting this are ________
    _____ 2-3 (2) (iii), (sexual abuse), the facts supporting this are ____________________
    _____ 2-3 (2)(iv), (torture), the facts supporting this are __________________________
    _____ 2-3(2)(v), (excessive corporal punishment), the facts supporting this are _________
    7. The minor is dependent pursuant Juvenile Court Act section 2-4, the facts supporting this are_____________________________________________________________
    8. It is in the best interest of the minor and the public that the minor be adjudged a ward of the court.
    WHEREFORE, petitioner prays that the minor be adjudged a ward of the court and that the court enter such orders as are in the best interest of the minor and other relief under the Juvenile Court Act.

    __________________________________________
    Petitioner
    __________________________________________

    Family Folder Number ___________________
    Key Date of individual responsible for case ______________
    MARS/CYSIS Number _____________________________

    VERIFICATION

    I, _________________________________, being first duly sworn on oath, depose and state that I am (an employee of the Illinois Department of Children and Family Services/ ___________________________), that I have read the foregoing Petition and am familiar with the contents and allegations contained therein and that, to the best of my knowledge and belief, the contents and allegations are true and correct.

    __________________________
    Subscribed and sworn to
    before me __________,19____.

    __________________________
    Notary Public of the
    Clerk of the Court

    [Adopted December 31, 1992, effective January 4, 1993.]

    APPENDIX B

    Motion for Temporary Custody

    IN THE CIRCUIT COURT OF
    COOK COUNTY, ILLINOIS
    COUNTY DEPARTMENT, JUVENILE DIVISION
    IN THE INTEREST OF

     

    Minor(s)

    )
    )
    )
    )
    )
    )
    No.

    MOTION FOR TEMPORARY CUSTODY

    Now comes ____________________, and moves this court to appoint _________________________temporary
    custodian of _________________________________.
    In support, petitioner states as follows:
    1. There is probable cause that the minor is (abused/neglected/dependent), pursuant to Ill. Rev. Stat., ch. 37, par. _____________[705 ILCS 5/___], as detailed in the attached Petition for Adjudication of Wardship.
    2. There is immediate and urgent necessity to take the child into temporary custody, pursuant to Ill. Rev. Stat., ch. 37, par. 10 [705 ILCS 5/5], in that ____________________________________________________
    ___________________________________________
    3. Reasonable efforts
    _____ have been made but have not removed the immediate and urgent necessity to remove the child from the home.
    _____ cannot prevent or eliminate the necessity of removal of the minor from the home.
    _____ have not been made.
    _____ does not apply (private or temporary custodian).

    WHEREFORE, petitioner moves this court to enter a Temporary Custody Order appointing _____________________, in
    accordance with this motion and enter appropriate findings.
    __________________________________________

    [Adopted December 31, 1992, effective January 4, 1993.]

    APPENDIX C

    Notice of Motion

    IN THE CIRCUIT COURT OF
    COOK COUNTY, ILLINOIS
    COUNTY DEPARTMENT, JUVENILE DIVISION
    IN RE THE PETITION
    OF ADJUDICATION
    OF WARDSHIP OF

    Minor(s)
    )
    )
    )
    )
    )
    )
    No.

     

    NOTICE OF MOTION

    TO:

    On _________, 19_____at _______.m., or as soon thereafter as counsel may be heard, I shall appear before the
    Honorable ___________________________________, or any judge sitting in his/her stead, in courtroom
    number ______________in the Juvenile Court Building, Chicago, IL, or the courthouse located at ______________________ and present the attached pleading requesting:___________________________________
    ______________________________________________

    Attorney Signature:__________________________
    Name:
    Attorney for:
    Address:
    City, State, Zip:
    Telephone:
    Attorney Code Number:

    ___________________________________________
    CERTIFICATE AND AFFIDAVIT OF DELIVERY
    (PERSONALLY OR BY MAIL)

    The undersigned hereby certifies under penalties of perjury as provided by law pursuant to Ill. Rev. Stat., ch. 110, par. 1-109 [735 ILCS 5/1-109], that the above notice and any attached pleadings were ( ) personally delivered or ( )placed in the U.S. mail at ___________, with first class postage prepaid and directed to the parties at the addresses set forth above (at) (before)____________________.m. on ____, 19____.

    ____________________________
    (signature)
    __________________________________________
    (print name)

    [Adopted December 31, 1992, effective January 4, 1993.]