(705 ILCS 405/2-14) (from Ch. 37, par. 802-14)
Sec. 2-14.
Date for Adjudicatory Hearing.
(a) Purpose and policy. The legislature recognizes that serious delay in
the adjudication of abuse, neglect, or dependency cases can cause grave harm to
the minor and the family and that it frustrates the health, safety and best
interests of the minor and the effort to establish permanent homes for
children in need. The purpose of this Section is to insure that,
consistent with the federal Adoption Assistance and Child Welfare Act of
1980, Public Law 96-272, as amended, and the intent of this Act, the State
of Illinois will act in a just and speedy manner to determine
the best interests of the minor, including providing for the safety of the
minor, identifying families in need, reunifying families where the minor can be
cared for at home without endangering the minor's health or safety and it is in
the best interests of the minor, and, if reunification is not consistent with
the health, safety and best interests of the minor, finding another permanent
home for the minor.
(b) When a petition is filed alleging that the minor is abused,
neglected or dependent, an adjudicatory hearing shall be commenced within 90
days of the date of service of process upon the minor, parents, any
guardian and any legal custodian, unless an earlier date is required pursuant
to Section 2-13.1. Once commenced, subsequent delay in the
proceedings may be allowed by the court when necessary to ensure a fair
hearing.
(c) Upon written motion of a party filed no later than 10 days prior to
hearing, or upon the court's own motion and only for good cause shown, the
Court may continue the hearing for a period not to exceed 30 days, and
only if the continuance is consistent with the health, safety
and best interests of the minor.
When the court grants a continuance, it shall enter specific factual findings
to support its order, including factual findings supporting the court's
determination that the continuance is in the best interests of the minor.
Only one
such continuance shall be granted. A period of continuance for good cause
as described in this Section shall temporarily suspend as to all parties,
for the time of the delay, the period within which a hearing must be held.
On the day of the expiration of the delay, the period shall continue at the
point at which it was suspended.
The term "good cause" as applied in this Section shall be strictly
construed and be in accordance with Supreme Court Rule 231 (a) through (f).
Neither stipulation by counsel nor the convenience of any party
constitutes good cause. If the adjudicatory
hearing is not heard within the time limits required by subsection (b) or (c)
of this Section, upon motion by any party the petition shall be dismissed
without prejudice.
(d) The time limits of this Section may be waived only by consent of all
parties and approval by the court.
(e) For all cases filed before July 1, 1991, an adjudicatory hearing
must be held within 180 days of July 1, 1991.
(Source: P.A. 92-822, eff. 8-21-02.)
|