DuPage County Juvenile Law Attorney

Lawyers Helping Protect Parental Rights in Juvenile Court Cases in Naperville, Winfield, and Wheaton

Some cases involving allegations of child abuse or neglect may be heard in juvenile court, and the decisions made in these cases can impact an entire family. In some situations, a child could be removed from their parents' custody or placed into the custody of the Department of Children and Family Services (DCFS). In cases involving juvenile law, parents and children should work with a lawyer who can protect their rights and help them avoid consequences that could affect their family relationships.

At McSwain Nagle Giese & Rapp, P.C., our attorneys have more than 100 years of combined legal experience, and we have helped many clients address family law and juvenile law issues. If your case has been sent to juvenile court, we will work with you to ensure you meet all of your legal requirements while helping you avoid losing custody of your child.

Juvenile Court Cases Involving Abuse, Neglect, or Dependency

In some cases, DCFS may choose to remove a child from a home, and when doing so, a case may be referred to a state's attorney, who may open a case to determine whether the parents should continue to have custody rights to the child. Under the Illinois Juvenile Court Act (705 ILCS 405/2), a child may be taken into custody by law enforcement if the child is abused, neglected, or dependent.

Abuse may include inflicting physical injury, impairment of emotional health, sex offenses committed against a child, excessive corporal punishment, or allowing a child to be placed at risk of harm. Neglect may include failing to provide a child with support, education, or medical care, as well as leaving a child without supervision for an unreasonable amount of time. Dependency involves leaving a child to care for themselves without proper care by a parent or guardian, and it can occur in situations where a parent has become ill or disabled and is unable to provide the proper care.

If a child is taken into custody by DCFS or law enforcement officials, a temporary custody hearing must be held within 48 hours, not counting weekends or court holidays. If there is no probable cause to believe that the child is abused, neglected or dependent, the child will be released into the custody of the parent(s) or guardian, and the state's attorney's petition will be dismissed. However, if the court finds that there is probable cause, measures will be put in place to ensure the child's safety.

In some cases, the court may allow a child to be released into parents' custody while entering an order of protection that will require the parents to follow certain behavioral restrictions. In other cases, the court may require that the child be kept outside the parents' home, such as at the home of a relative, in the custody of foster parents, or at a facility operated by DCFS. In these cases, a parent-child visiting plan will typically be created to ensure that parents and children can maintain a close, ongoing relationship.

Within 90 days after the filing of a state's attorney's petition, an adjudicatory hearing will be held in which the court will determine whether a child is abused, neglected, or dependent, and if so, whether a parent's custody should be terminated or whether certain remedies should be put in place to protect the child's safety while maintaining positive family relationships. During a juvenile court case, a guardian ad litem may be appointed to represent the child's best interests and provide recommendations to the court. 

Contact Our Glen Ellyn Juvenile Court Lawyers

If you are facing accusations of child abuse or neglect, the attorneys of McSwain Nagle Giese & Rapp, P.C. can provide legal representation in juvenile court and help you achieve an outcome that protects your family's rights and your child's best interests. If your child has been removed from your home, we can help you determine what family preservation and reunification services may be available to help you regain custody and preserve your family relationships. To learn more about how we can help with your case, contact us by calling 630-407-1200 to arrange a free consultation. We provide legal help to families in Wheaton, Glen Ellyn, Naperville, Glendale Heights, Warrenville, Carol Stream, Winfield, and throughout DuPage, Cook, Will, Kendall, and Kane Counties.