GENERAL ORDER 09-3

RE: REQUIREMENT TO PRODUCE MINOR

IT IS HEREBY ORDERED THAT:

EFFECTIVE IMMEDIATELY AND UNTIL FURTHER ORDER OF THIS COURT,

The following procedure shall be followed in all cases when Petitions to Adjudicate Wardship are filed in the interest of minors in the protective custody of the Illinois Department of Children and Family Services or in the custody of a private individual seeking guardianship or who remain in the custody of their parents pursuant to an order of protection.

1. If the minor is five years of age or older:

a. The Department shall produce the minor at the temporary custody hearing, unless the minor is hospitalized for treatment or evaluation or otherwise is too ill to attend said hearing.

b. If the minor is not produced at the temporary custody hearing for any reason other than the reasons set for the in paragraph (a) the custodian is required to make the child available to the attorney for the minor within 10 working days of the temporary custody hearing, at a specific time and date agreeable to the Guardian Ad Litem and the custodian.

2. A minor under the age of five need not be present at the temporary custody hearing. However, if the minor is not present at the temporary custody hearing the custodian is required to make the child available 10 working days prior to the date set for the adjudicatory hearing.

3. The order does not limit or restrict the right of the minor to be present at adjudicatory or dispositional hearings.

This General Order supercedes Child Protection Division General Order 05-3.

This order is entered this date, March 19, 2009, and shall be spread of record and published.

Patricia M. Martin
Presiding Judge
Child Protection Division