UNIT II - ABUSED, NEGLECTED, OR DEPENDENT MINORS (ARTICLE II, 705 ILCS 405/2)

As explained in Section 2-13, parental rights may be terminated through an 'early termination of reasonable efforts'. This happens in conjunction with, or anytime after, the filing of a petition on behalf of a minor. In these cases, the State's Attorney, Guardian ad litem, or the Illinois Department of Children and Family Services may file a motion requesting a finding that reasonable efforts to reunify the minor with his/her parent are no longer required and are to cease.

The court grants this motion with respect to a parent of a minor if it finds, after a hearing, that the parent has:

Had his/her parental rights to another child terminated.

Been convicted of first or second degree murder of another child of the parent.

Been convicted of attempted or conspiracy to commit first or second degree murder of another child of the parent.

Been convicted of solicitation to commit murder, solicitation to commit murder for hire, or solicitation to commit second degree murder of another child of the parent.

Been convicted of aggravated battery, aggravated battery of a child, or felony domestic battery.

Been convicted of any offenses, in any other states, which contain elements similar to and bearing substantial relationship to Illinois statutes.

The court will grant a motion of early termination of reasonable efforts with respect to a parent if, after a hearing, it is determined that further reunification services would no longer be appropriate or a disposition hearing has already taken place.

Once a petition has been filed, an adjudicatory hearing will be held per Section 2-14. The court understands that serious delay in the adjudication of abuse, neglect, dependency cases can cause grave harm to the minor and the family. Such delays can frustrate the health, safety, and best interests of the minor and the effort to establish permanent homes for children in need. This Section ensures that the State of Illinois will act justly and speedily when determining the best interests of the minor.

When a petition is filed alleging that a minor is abused, neglected or dependent, an adjudication hearing will be held within 90 days of the date of service of process upon the minor, parents or guardian. Once begun, the court may delay proceedings when necessary to ensure a fair hearing.

If a party files a written motion no later than 10 days prior to the hearing, or if the court finds good cause to do so, the court may continue the hearing for a period not to exceed 30 days. Only one such continuance can be ranted. It is important to note that the time limits outlined in this Section may be waived, but only by consent of all parties and approval by the court.