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Appellate Jurisdiction Over Child Protection Orders

NCJ Number
211190
Journal
Illinois Bar Journal Volume: 93 Issue: 9 Dated: September 2005 Pages: 466-467,469,471
Author(s)
Charles P. Golbert; Kass A. Plain
Date Published
September 2005
Length
5 pages
Annotation
This article describes the stages of a child protection case.
Abstract
Child protection law can be confusing, particularly in terms of the appellate review process. The authors present each phase of a child protection case, focusing on the orders that can be entered at each stage and whether appellate review can be sought for each type of order. The article begins by describing the temporary custody hearing in which a judge must determine whether there is probable cause of abuse or neglect to continue the case. The three possible outcomes at this stage, and the appealability of the orders, are described. Similar descriptions are offered of the adjudicatory hearing, the dispositional hearing, the 6 month permanency hearings, parentage orders, domestic violence orders of protection, motions for changes in visitation, motions for return home of the child, termination of parental rights, private guardianship, and emancipation. In each phase, the authors discuss the purpose and function of the orders possible and then focus on whether the orders are interlocutory or final and whether they can be appealed as of right, appealed by permission, or cannot be appealed. Footnotes