Part 1.00 Juvenile Proceedings
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.
A. Lake County Juvenile Court Services [hereinafter “Court Services’] is designated by the Chief Judge to fulfill those functions performed by the “probation officer” referred to in the Juvenile Court Act (705 ILCS 405/1-1 et seq.).
B. Minor is defined by Section 1-3(10) of the Juvenile Court Act. (705 ILCS 405/1-3(10)).
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 the Juvenile Court Act may be heard by a Juvenile Court Judge.
All requests for expungement of law enforcement and Juvenile Court records under the Juvenile Court Act may be heard by a 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 a 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 in Proceedings Other Than Delinquency
As permitted by the Court, Discovery is allowed pursuant to the Illinois Code of Civil Procedure and Supreme Court Rules. All attorneys and Respondents shall comply with the rules of confidentiality and accessibility of Juvenile Court records as set forth in 705 ILCS 405/1-8.
B. Discovery in Delinquency Proceedings
Upon arraignment the State and Defense shall comply with Discovery pursuant to Supreme Court Rules 411-417. All attorneys and Respondents shall comply with the rules of confidentiality and accessibility of Juvenile Court records as set forth in 705 ILCS 405/1-8.
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 they shall submit the police reports, related to the alleged delinquent act, to the Intake Division of Juvenile Court Services.
The Hulse Detention Center is hereby designated as the place for intake 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.
Home Detention is defined as a form of temporary custody, for minors not requiring secure detention. Home detention affords the minor release, prior to or subsequent to the detention hearing, to the home of his or her parent or guardian, subject to the conditions of the program as determined by the Court. The program requires the minor to remain with his or her parent(s) or guardian, to cooperate with Court Services, and to report to the Court as directed, as well as such other conditions deemed appropriate by the Court.