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The County of DuPage
Wheaton, Illinois
 

Court Rules - Particular Civil Proceedings - Juvenile

III. PARTICULAR CIVIL PROCEEDINGS

ARTICLE 17: JUVENILE

17.01 INTAKE CRITERIA

The Juvenile Court, as defined in Rule 17.06(b), will accept petitions from a Juvenile Police Officer or other person who has reasonable grounds to believe the welfare of a minor or the protection of the public requires the intervention or supervision of the Court, or that the parents are unfit, unable or unwilling to care for, protect, train, control, educate or discipline the minor, and that jurisdictional facts exist.

17.02 INTAKE PROCEDURE

Whenever a Juvenile Police Officer or other proper person proposes to file a petition pursuant to the Juvenile Court Act, (ILCS Ch. 705, Sections 405/2-12, 405/3-14, 405/4-11, 405/5-12), a Juvenile Report form shall be submitted to the Probation Department.

17.03 PRELIMINARY CONFERENCE

(a) Whenever the Probation Department receives a Juvenile Report form, it shall schedule and hold a preliminary conference as provided by Sections 2-12, 3-14, 4-11, 5-12 of the Juvenile Court Act (ILCS Ch. 705, Sections 405/2-12, 403/3-14, 405/4-11, 405/5-12), unless the minor is in custody or there is an agreement to the contrary with the State or other parties to the action.

(b) Notice of the conference will be given to the person seeking to file a petition under Sections 2-13, 3-15, 4-12, 5-13 of the Juvenile Court Act (ILCS Ch. 705, Sections 405/2-13, 405/3-15, 405/4-12 405/5-13), the prospective respondents and other interested persons by the Probation Department.

17.04 DIVERSION-INTAKE CRITERIA

Prime factors to be considered in electing to file a petition in Juvenile Court, or in the alternative to refer the case to an agency, association or other person, or undertake some other action, are as follows:

(a) The need for intervention or supervision by the Court for the welfare or safety of the child or protection of the public, considering:

(1) The conduct of the child and the parents.

(2) The availability of appropriate resources and the amenability of parents and child to make use thereof.

(3) The best interest of the child, parents and community.

(4) Whether previous diversion had been attempted following a preliminary conference.

(b) The fitness, ability and willingness of the parents to care for, protect, train, control, educate and discipline the child.

(c) The gravity of a violation of the law, if any.

(d) The sufficiency of jurisdictional facts.

(e) The ability to meet the required burden of proof.

17.05 NEGLECTED AND DEPENDENT CHILD INTAKE

With respect to dependent and neglected children, a preliminary conference as provided by 705 ILCS 405/2-12 of the Juvenile Court Act may be held at the election of the Department of Children and Family Services or the State's Attorney without reference to Rules 17.02 and 17.03.

17.06 FILING OF PETITIONS

(a) The filing of petitions shall be as provided in ILCS Ch. 705, Sections 405/2-13, 405/3-15, 405/4-12, 405/5-13 of the Juvenile Court Act.

(b) All judicial proceedings relating to a petition may be heard by any judge assigned to the Domestic Relations Division or any other judge designated by the Chief Judge to hear such matters (hereinafter "Juvenile Court"), as provided in 705 ILCS 405/1-3 of the Juvenile Court Act.
 

17.07 ATTENDANCE AT HEARINGS

Caseworkers of the Department of Children and Family Services, the Department of Corrections and the Probation Department have a direct interest in the work of the Court and shall be admitted to all court hearings and conferences, unless expressly excluded by the Court.
 

17.08 ANSWERS TO PETITIONS

Answers admitting substantive allegations in petitions shall be made by the parties personally in open court. Denials may be made by counsel on behalf of their clients, unless otherwise ordered.
 

17.09 (REVOKE 1/11/2012)

17.10 COURT INVESTIGATORS

Each probation officer of the Juvenile Division of the County Probation Department is hereby designated to investigate and determine custody as provided by Articles 3, 4 and 5 of the Juvenile Court Act.  (REVOKED 1/11/12) (AMENDED/REINSTATED 1/19/12)
 

17.11 (REVOKED 1/11/2012)

17.12 LIMITED OR TEMPORARY CUSTODY

(a) Shelter Care: A minor not requiring physical restriction but requiring shelter care may be lodged in such foster family home or other shelter care facility as may from time to time be approved by administrative order of the Chief Judge or as temporarily approved by a judge of the court, or a shelter care facility licensed by the Department of Children and Family Services.

(b) Detention: A minor who satisfies the statutory criteria for detention as provided by 705 ILCS 405/2-7, 405/3-9, 405/4-6, 405/5-7 of the Juvenile Court Act may be kept or detained in such detention facility as may from time to time be authorized by administrative order of the Chief Judge.
 

17.13 DETENTION HEARINGS

Detention hearings will be scheduled for the next court day after the respondent minor is taken into custody.
 

17.14 EMERGENCY CHANGE IN CUSTODY

The temporary or permanent custody of a minor who is the subject of Juvenile Court proceedings shall not be changed without prior notice as provided in Article 17 unless:

(a) The minor is suffering from any sickness or injury which requires care, medical treatment or hospitalization not available without such change.

(b) The conduct and behavior of the minor may endanger the health, person, welfare or property of the minor or others unless custody is changed.

(c) The circumstances of the minor's present environment may endanger the health, person, welfare or property of the minor unless custody is changed.

(d) The minor is likely to flee the present place of custody.

(e) The parent, guardian (other than the guardianship administrator of the Department of Children and Family Services) or custodian with good cause wishes to be relieved of custody, and such wish is stated in writing.

(f) The placement is no longer habitable.
 

17.15 NOTICE OF EMERGENCY CHANGE IN CUSTODY

The Court must be notified within thirty-six (36) hours, exclusive of Saturdays, Sundays and legal holidays, of a change of custody made pursuant to Rule 17.14, and if physically able, the minor should be brought before the Court.
 

17.16 ROUTINE CHANGE IN CUSTODY

(a) The temporary or permanent custody of a minor who is the subject of Juvenile Court proceedings shall not be changed unless the Court, the legal custodian or guardian of the person, and all other respondents, are given notice in writing, setting forth the reason for the requested change in custody at least ten (10) court days in advance of such change and said custodian or guardian is afforded opportunity to be heard by the Court as provided in 705 ILCS 405/2-28(1), 3-29(1), 4-26(1) and 5-30(1) of the Juvenile Court Act or files with the Court a written consent to such change.

(b) Such consents shall be made a part of the court records.
 

17.17 DUTY TO REPORT PREGNANCY

A parent, guardian, legal custodian, foster parent or other person in loco parentis with a minor who is a subject of Juvenile Court proceedings knowing or having reason to know that such minor is pregnant shall report such fact to the Court within forty-eight (48) hours after learning of the pregnancy.
 

17.18 RESTRICTION UPON UNDUE INFLUENCE

(a) A guardian, legal custodian, foster parent, physician, psychologist or social worker may counsel, teach or otherwise discuss with a minor who is the subject of Juvenile Court proceedings, the physical, emotional and religious conditions and realities of child birth and abortion.

(b) No such person shall advise, advocate, suggest or in any way exert influence upon any such minor to have or not to have an abortion; nor subject said minor to religious beliefs or indoctrinations not the minor's own.
 

17.19 CONDITIONS OF SUPERVISION OR PROBATION

Conditions of Supervision or Probation will be in substantially the following form, although the rules may be varied to suit each case:

(a) Not violate any criminal statute or ordinance of any jurisdiction, including state and local curfew laws.

(b) Make reports or permit the Probation Officer to visit the minor at the minor's home or elsewhere, in the manner and frequency designated by the Probation Officer under whose charge the minor is placed.

(c) Inform the Probation Officer within forty-eight (48) hours of any change in the minor's place of residence, school or employment.

(d) Not leave the State of Illinois without the prior permission of the Probation Officer.

(e) Reside with the minor's parents or foster parents, and obey their rules and requirements concerning the minor's conduct, hours and companions.

(f) Attend all school classes regularly and promptly, and comply with all other rules and regulations of the school, or if the minor is not enrolled in regular high school classes and is not required by law to attend such classes, the minor must pursue another course of study, or vocational training, or be employed on a full-time basis as approved by the Probation Officer.

(g) Undergo medical, psychiatric, psychological, alcohol or drug counseling or other treatment as directed by the Probation Officer.

(h) Refrain from possessing a firearm or other dangerous weapon.

(i) Comply with such other conditions as may be ordered by the Court.

(j) If the juvenile elects to participate in the Administrative Sanctions Program, the juvenile shall comply with such other conditions as ordered under the Program.
 

17.20 SAVING PROVISION

No action shall be dismissed for want of compliance with Article 17 unless the Court shall determine such dismissal is in the best interest of the minor and the public. 

17.21 EXPUNGEMENT OF LAW ENFORCEMENT AND JUVENILE COURT RECORDS

(a) Filing of petitions for the expungement of law enforcement records or juvenile court records, or both, shall be a provided by 705 ILCS 405/1-9 of the Juvenile Court Act.

(b) All judges assigned to the Domestic Relations Division are authorized to hear and rule upon petitions to expunge law enforcement or juvenile court records, or both, as provided by 705 ILCS 405/1-9 of the Juvenile Court Act.