PART 9.00 JUVENILE PROCEEDINGS
(Effective December 1, 2006)
These rules supplement the Juvenile Court Act (705 ILCS 405/1-1 et. seq.), the Code of Civil Procedure (735 ILCS 5/1-101 et. seq.) and the Rules of the Illinois Supreme Court and are designed to facilitate the movement of cases through the Court, by reducing unnecessary delay, strengthening caseflow management, encouraging involvement of parents and other parties so as to ensure providing for the best interests of children.
The Chief Judge or his designee shall designate Juvenile Court Judges to hear Juvenile Court matters. All Juvenile Court matters, including without limitation detention matters, shall be heard by a designated Juvenile Court Judge, if practicable, or by any judge sitting in his or her stead. In any event, the judge entering the adjudicatory order shall whenever possible conduct the dispositional hearing.
All requests for release of information of law enforcement and juvenile court records held confidential under Secs. 1-7 and 1-8 of the Juvenile Court Act may be heard by the Juvenile Court Judge.
All requests for expungement of law enforcement and juvenile court records under Sec. 1-9 of the Juvenile Court Act may be heard by the Juvenile Court Judge.
All requests for return of a minor pursuant to the Interstate Compact on Juveniles (45 ILCS 10/1 et. seq.) requiring court approval may be heard by the Juvenile Court Judge.
A. The Court may convene a pre-hearing conference on its own motion or upon the request of any party.
B. Depending upon the circumstances of the case, the purposes of the pre-hearing conference shall include, but not be limited to:
1. Review efforts to locate and serve all parties;
2. Resolve any discovery disputes;
3. Identify significant issues of law and fact for trial;
4. Develop a list of possible witnesses and receive stipulations to uncontested facts;
5. Confirm scheduling and estimate the length of the trial;
6. Explore resolution of the matter without trial; and
7. Enter such order as the Court deems appropriate.
C. Each party shall have a continuing obligation to update the Court and all other parties regarding information provided during the pre-hearing conference, in a timely fashion.
A. Discovery without leave of Court.
Without leave of Court, discovery is limited to reasonable written requests for information, documents, records, or evidence available for inspection. Testing, copying or photographing may be undertaken between the parties without leave of Court. Any party receiving such a written request shall, within ten (10) days, comply with the request or file a written objection with the Court stating the reasons for objection with copies served on the parties.
B. Discovery with leave of Court.
All provisions for discovery set out in the Supreme Court Rules are applicable to Juvenile Court proceedings with leave of Court for good cause shown.
All answers must be filed in writing no later than the first pretrial conference, absent leave of Court. The answer shall admit or deny each factual allegation or state that the respondent after reasonable inquiry lacks knowledge sufficient to form a belief as to each factual allegation. Supreme Court Rule 137 applies to all pleadings, motions and papers in Juvenile Court proceedings.
Whenever a Juvenile Police Officer or other proper person proposes to file a delinquent petition pursuant to the Juvenile Court Act, a Referral Screening Sheet shall be submitted to the Division of Court Services, Juvenile Branch. [Hereinafter “Court Services.”]
Pursuant to Sec. 5-12 of the Juvenile Court Act, Court Services is authorized to schedule a preliminary conference with a view to adjusting suitable cases by resolving them without the filing of a petition. The preliminary conference shall be scheduled within twenty-eight (28) days of the submission of the referral screening sheet and notice shall be sent to the person seeking to file a petition, the prospective respondents and other interested persons. A conference will be held for all referrals to Juvenile Court, with the following exceptions: (1) where the minor is detained or (2) where the State’s Attorney has indicated he or she will demand a judicial hearing.
A. Court Services shall consider all available facts in electing to adjust cases without a delinquent petition in Juvenile Court including but not limited to:
1. The best interest of the child;
2. The seriousness of the acts alleged to have been committed by the minor;
3. The need to protect the community;
4. The conduct and relationship of the child and the parents;
5. The availability of appropriate alternative resources and the amenability of parents and child to make use thereof; and
6. Prior contacts with the Juvenile Court system.
The Hulse Detention Center is hereby designated as the place for reception of minors not released from custody by a juvenile police officer or other person authorized to take custody of children.
A minor determined to require detention will be lodged in the Hulse Detention Center unless otherwise ordered by a Juvenile Court Judge.
Those persons (hereinafter referred to as “Intake Officer”) whom the Chief Judge (or his delegatee) shall, from time to time, designate shall immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody, in accordance with Sec. 5-8 of the Juvenile Court Act. The Intake Officer shall have the authority to detain and keep a minor pending a judicial detention hearing, provided the statutory criteria set forth in Sec. 5-7 of the Juvenile Court Act are met. No minor shall be admitted to secure detention without the written authorization of the Intake Officer.
Pursuant to Sec. 5-7 (3) of the Juvenile Court Act, if the Intake Officer determines that a minor in temporary custody is a delinquent minor, and should be retained in custody but does not require physical restriction, the minor may be placed by home detention pending a detention hearing. The terms and conditions of custody by home detention shall be as prescribed by the Intake Officer, but pending detention hearing shall at minimum require the minor to remain with his or her parent(s) or an approved caretaker, to cooperate with Court Services, and to report to court as directed. Thereafter, pursuant to Sec. 5-7(4), the Court may continue the minor on home detention as it sees fit.
Upon the first court appearance by counsel for respondent and without written motion, the state shall provide counsel with the material and information specified in Supreme Court Rule 412 within its possession or control. The state has a continuing duty to supplement this material and information in a timely fashion. Within the time limit stated by the Court, the defense shall disclose to the prosecution the material and information specified in Supreme Court Rule 413 within its possession or control. The defense has a continuing duty to supplement this material and information in a timely fashion.
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