First steps to take
- Attend every court hearing. Missing a hearing can seriously affect your case.
- Ask the judge for a lawyer if you cannot afford one; you may be entitled to appointed counsel.
- Start gathering records, witnesses, and evidence that support your ability to care for your children.
The shelter care hearing comes fast
When the State files a juvenile petition in Illinois, a shelter care hearing is held within roughly 48 hours of a child being taken into protective custody. At that hearing the judge decides whether there is probable cause of abuse, neglect, or dependency and whether there is an urgent and immediate necessity to keep the child out of the home.
This first hearing shapes everything that follows, including where your children live while the case is pending. Showing up prepared, with an attorney, matters enormously.
What happens after shelter care
The case then moves through adjudication, where the court decides whether the allegations in the petition are proven, and disposition, where the court decides what happens next, including services, visitation, and custody. Permanency hearings follow to review progress toward returning the children home.
You will likely be given a service plan. Completing recommended services and documenting your compliance is one of the most powerful things you can do for your case.
Protecting your relationship with your children
Ask about visitation at the earliest hearing and attend every scheduled visit. Keep records of visits, communications, appointments, housing, employment, and services.
If you cannot afford a lawyer, tell the judge immediately. Parents in Illinois juvenile abuse and neglect proceedings have a right to counsel, and the court can appoint one.
Common questions
- How soon is the shelter care hearing in Illinois?
- Generally within about 48 hours of the child being taken into temporary protective custody, excluding weekends and holidays.
- Do I get a free lawyer in a DCFS juvenile court case?
- Parents have a right to counsel in Illinois abuse and neglect proceedings, and the court can appoint an attorney if you cannot afford one.
- What if I miss a court date?
- Missing a hearing can result in decisions being made without your input and can seriously harm your case. Attend every hearing.
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