National Center for State Courts

CIRCUIT COURT OF COOK COUNTY, ILLINOIS JUVENILE DIVISION IMPROVEMENT PLAN

Prepared under the Cook County Circuit Court Improvement Project

David C. Steelman, NCSC Project Director H. Ted Rubin, NCSC Team Leader, Juvenile Division

Jefiey M. Arnold, Circuit Court Administrative Director

May 1,1992

CIRCUIT COURT OF COOK COUNTY, ILLINOIS, " JUVENILE DIVISION IMPROVEMENT PLAN

/ $ Y 4 c.3

1 A Thinking about Cases in the Juvenile Division.. ............. 4 B. TimeStanduds ........................................

C. Assignment of Cases to Judges.. ......................... 6

D. Case Processing and Caseflow Management.. .............. 7

E. Caseflow Management Information.. ..................... 12

E Organization and Staffing.. ............................. 13

G. Other Changes for General Improvement of Division Operations ................................. 17

Conclusion: Need for Continuing Review and Refinement.. ....... 17

Figure 1. Juvenile Division Organization Chart.. ................ 16

CIRCUIT COURT OF COOK COUNTY, ILLINOIS JUVENILE DMSION IMPROVEMENT PLAN

Under the Cook County Circuit Court Improvement Project, Court leaders and project staff members from the National Center for State Courts have developed the following plan for improving the operations of the Court's Juvenile Division. This document begins by setting forth the analytical framework that forms the basis for the plan. It next presents what have been identified as reasonable expectations (articulated as time standards) for the pace at which juvenile cases should progress in order to ensure prompt and fair treatment by the Court. To meet these time expectations, the plan then addresses areas to which attention should be given in the Juvenile Division's improvement efforts: assignment of cases to judges; case processing and caseflow management; caseflow management information; organization and staffing; and other changes for general improvement of Division operations.

A. Thinking about Cases in the Juvenile Division

In their efforts to develop an effective approach to improvement of the operations of the Juvenile Division, those involved in the preparation of this plan have tried to create a conceptual framework that gives direction and meaning to the improvement process. They have sought to make this framework reflective both of what the juvenile process actdZy is and of what it s h o d be in order to ensure that justice is done in individual cases and that the best interests of children are served in the process.

I . S w tt the Rvgrtxs ojJwenik Carer Traditionally, discussion of case processing in juvenile matters proceeds with reference to afjdcatory hearings and dispositional hearings, and both time standards and statutes are articulated in terms of such events. Yet much of what transpires in juvenile proceedings takes place in a different way. The Court, in giving all participants appropriate notice and opportunity for a full hearing before a disinterested judge (the basic elements of due process), often does not conduct what would technically be considered to be an adjudicatory hearing. Furthermore, and particularly in abuse and neglect cases, severe limitations on available placement options in Cook County and many other jurisdictions around the state and country impose conditions beyond the control of the Court on its capacity to hold a dispositional hearing promptly in which an appropriate placement can be made. Finally, attention to only adjudicatory and dispositional hearings omits consideration of what happens afrer entry of a dispositional order, when the Court must exercise ongoing supervision and monitoring of a case to assure that satisfactory progress is being made in serving the best interests of the child.

Because of the disparity between the traditional conceptual approach and the reality of what transpires in juvenile matters, those preparing this plan have sought to conceive a lramework that is more accurate in terms of what does and should happen in juvenile matters.

a Duehass Evert Standard notions of juvenile case processing are inappropriate to use in such circumstances as (1) those involving children returned home under 0 2-25 orders at the initial temporary custody hearing, (2) those with children who are not taken into protective custody but who receive the protection of 9 2-25 orders at the initial court appearance, and (3) those in which casesare continued under supervision (8 2- 20,s 5- 19) with adjudication deferred. In scenarios such as these, the Court will have completed the formal tasks it must perform when one of the actions referred to above has been taken, since in such circumstances there is no request for or plan to seek adjudication or disposition. The Court's decision occurs early in the process, and the time from petition to court order is the only timeframe that needs to be measured. These cases, then, differ from those where adjudication is the goal of the parties filing a petition in the Court.

An adjudicatory hearing or its functional equivalent might properly be called a due process event. With the fair and timely completion of such a due process event, the Court meets its constitutional, statutory, rule, or internal guideline requirements. These requirements have been met even when there has been no adjudicatory hearing. The obligation of the Court, after providing an appropriate hearing to all parties in interest, is to determine the facts and to apply the law to those facts through the entry of a court order. In so doing, the Court has given the participants what they sought in the proceedings, even without having held a formal adjudication hearing. It has provided the participants with the process that is due in the circumstances of the case.

b. Estab- conditiont of Conttucing Jirrirdiction After the Court has conducted an adjudicatory hearing, the next event traditionally is to schedule and hold a dispositional hearing. Yet the Court's.capacity to enter a prompt dispositional order, reflecting the judge's determination that an appropriate placement for the youngster has been found, may be defeated by the unavailability of a suitable placement. Moreover, the Court's order upon completion of the due process equivalent of an adjudicatory hearing (as in cases continued under supervision with adjudication deferred) might well include terms that must be met by a parent whom the Court permits to retain custody of the child in the case. In each of these scenarios, it has not been possible for the Court to proceed in keeping with the traditional notion of having a dispositional hearing that follows closely on the heels of an adjudicatory hearing.

Yet the Court must act as quickly as circumstances permit to enter an order on the placement (whether in the family or othenvise) that will best serve the interests of the child. It may follow a formal adjudication and be a formal dispositional order that directs

2

the care a child is to receive, the probation conditions a juvenile must adhere to, or other conditions of tae Court's continuing jurisdiction. Or it may be a protective order following the return of a child to a parent at a temporary custody hearing when adjudication is not pursued. In either situation, this court order determines the events that are to occur in the future with respect to the child.

c Exsdsc of contimCingJiuisdidion Little attention has been given to what transpires after the Court has entered an order in a juvenile case. Yet the Court must often commit considerable judge and support staff time to ensuring that the conditions of the court order have been met and that the interests of the child are being served, even though circumstances may change for the child and the family. The Court's involvement may continue throughout (and sometimes beyond) the minority of the child.

There are many questions that may have to be answered during this period after the entry of the Court's order. Is there compliance with judicial orders? Has the required drug treatment for a neglectful mother been provided and has the mother responded satisfactorily to the treatment? Is the prospect for a child's return to a suitably functioning parent so dismal that alternate planning should be initiated for termination of parental rights and adoption? Has a delinquent juvenile complied with an order mandating monetary restitution? Should probation be revoked due to chronic school truancy? Since a juvenile case does not end with the entry of the court order and may continue to make demands on the time of the judge and others in the juvenile process, it is important to address this stage of a juvenile case as part of the efforts to improve the performance of the court.

2 Enwing MemtingfiJ Gxuf Eveats In the handling of cases in the Juvenile Division, there are avoidable inefficiencies often associated with court hearings. Most troublesome are two related problems: (1) the situation in which one or more of the participants has not been able to obtain necessary documents, complete necessary prehearing activities, or otherwise take steps necessary for effective participation in a scheduled hearing; and (2) that in which a court event is scheduled and held that does not contribute materially to the progress of a case toward prompt and fair conclusion.

Because of these problems, this improvement plan calls for there to be brief scheduling conferences held seven calendar days before each scheduled court hearing in a Juvenile Division case. At each of these conferences, the Court will be able to determine (1) whether those involved in a case have completed what they must do in order to participate effectively in the forthcoming court hearing, and (2) whether that hearing will contribute materially to the progress of the case to conclusion. If the participants will not be prepared, then the court hearing can be rescheduled; if the hearing will not be meaningful, then it can be cancelled.

3

3 PtOpaRok of P&pam in theJuueni& buss It is important that the proceedings in the Juvenile DivLion maintain appropriate legal formalities while attention is focused on serving the best interests of the children involved. An objective of the judges in the Juvenile Division and of lawyers appearing before them should be to assure that a proper record is made of the legal basis for the decisions made by the Court. To this end, proceedings in the Division should have the trappings of legal proceedings (e.g., written pleadings and motions) at a level sufficient to ensure that case files show the legal issues presented to the Court and the basis on which its determinations have been made.

Furthermore, the relative scarcity of court staff support means that judicial and nonjudicial court functions are blurred. Judges may often be spending considerable time on nonjudicial activities that could be performed as well by court support staff. As a result, judges have less time to perform activities that can be done only by judges.

In order for the judges of the Juvenile Division to be freed from the performance of what are essentially nonjudicial functions, it is important for them to have sufficient court support staff to carry out such functions. Under F. Orgmriration d S t a h below, this plan details the kind of support staff that are desirable for the Division.

B. Time Standards

Within the context set forth above, the following time standards represent what are considered to be reasonable time expectations for the completion of events in abuse and neglect cases and delinquency cases. These standards reflect an explicit policy decision that no distinction with regard to time expectations should be made between in-custody and not-in-custody cases. There is universal agreement that cases involving children in custody should be promptly decided. Yet the cases involving children not in custody are usually those that do not involve issues as serious or complex as those presented by in-custody cases. Given adequate court resources, there is no reason why the "easier" cases (the not- inastody matters) should not be decided promptly by the Juvenile Division.

1. Ab= and N W Gzse-Rocesiq T i Stmrdmdr For abuse and neglect cases, the Juvenile Division will seek to comply with the following time standards:

a. A temporary custody hearing for children in protective custody must be held within 48 hours (exclusive of weekends or holidays). . .

1 b. A scheduling conference is to be held seven calendar days before the scheduled date for each court event after the first court hearing.

4

c. An adjudicatory hearing or equivalent due process event must be held within 28 calendar days after the filing of a petition.

d. A dispositional hearing or equivalent event establishing the conditions of continuing court jurisdiction must be held within 28 calendar days after the adjudicatory hearing or equivalent due process event; but if the Court determines at the scheduling conference held seven days before the scheduled dispositional hearing that a suitable placement is not then available for the child, then the Court must schedule hearings at 28- day intervals on the current status of efforts to find a suitable placement, until a placement has been found that serves the best interests of the child.

e. Whether filed during or before the "continuing jurisdiction" phase of a case, the hearing on any supplemental petition filed due to a significant problem and not as a matter of routine must take place within 28 calendar days after completion of service.

f. Whether filed during or before the "continuing jurisdiction" phase of a case, the hearing on a motion or petition for termination of parental rights must take place within 70 calendar days after completion of service.

g. Where a child has been returned home under a 8 2-25 order or was not in custody at the time of the first court appearance, case termination will be presumed appropriate 240 calendar days after the petition date in the absence of an adjudication.

h. The filing of a supplemental petition for termination of parental rights will be presumed appropriate if conditions of parental custody have not improved sufficiently to sewe the best interests of the child within 18 months after the entry of the Court's order.

2 JuvenileDelinqusrcy k-- T i S t b For juvenile delinquency cases, the Juvenile Division will seek to comply with the following time standards:

a. A detention hearing must be held within 36 hours (exclusive of weekends or holidays),

b. A scheduling conference is to be held seven calendar days before each court event for which time standards are provided here.

c. For all misdemeanors and for those felonies not enumerated in 92-8 of the Criminal Code of 1961, other than burglary, and not enumerated in 524-1 of that code, adjudication or its equivalent must occur within 14 calendar days after the petition date.

d. For forcible felonies enumerated in 92-8 of the Criminal Code of 1961, other

than burglary, and enumerated in s24-1 of that code, adjudication or its equivalent must occur within 28 calendar days after the petition date.

e. A dispositional hearing or its equivalent must be held within 21 calendar days after the completion of an adjudicatory hearing or its equivalent due process event.

f. In any "referral-in" case or one of a juvenile initially detained but released prior to adjudicatory hearing, case termination will be presumed appropriate if there is not an adjudication within 120 calendar days after the petition date.

g. An outstanding warrant will suspend the running of time under these standards.

It will be the individual judge's responsibility to achieve these standards to the maximum feasible extent. A revised data system will enable individual judges and the Court overall to become aware of compliance with these standards. Failure to meet a time standard will not result in case dismissal except as that might be provided by statute. Of course, justice is better served when it is quickly delivered and when collaborative agencies are aware that the Court is very serious about prompt justice.

Despite the new emphasis on judicial control of the case calendar, it is recognized that certain resources needed by the judges are not under judicial control and that the representatives of other juvenile justice system agencies will not always deliver to the Court in a timely fashion the resources a judge needs to invoke. Other causes (e.g. illness, attorney or agency representative nonappearance, failure to complete service, and delayed reports) may result from time to time in an inability to meet the standards in individual cases.

C Assignment of Cases to Judges

In order to enhance the capacity of the judges in the Juvenile Division to meet the time standards set forth above, there will be certain changes in the way that cases are assigned to judges.

1. Subject Mutter and Geopphkul A s s i v Judges will continue to be assigned to either abuse and neglect or juvenile delinquency calendars. Judges will seme as Cook County judges rather than serving geographical areas within the County. New cases will be assigned randomly between judges to avoid disparity in assignments.

2 Individual The individual calendar will be the fundamental approach used with case assignments to judges. This will enable judges to be f i n n y in control of

6

their calendar's caseflow. In every case, individual judges will be accountable for the entirety of proceedings from petition through disposition and for any post- dispositional .

matters as well until all the work to be done by the Court has been completed. Abuse and neglect judges will have continuous responsibility for a case from the temporary custody or first court appearance stage through disposition, for all supplemental petitions, for all guardianship reviews, and for hearing any motion to terminate parental rights. Juvenile delinquency judges will conduct, for all cases assigned to them, probable cause/detention hearings, arraignments, all matters through disposition, any probation reviews, and supplemental petitions or violations of probation

n ofcStain cidkndh To accomplish the principle of the individual 3. Elunurano calendar and to further judicial accountability for caseflow management, Calendars 4 and 20, as well as Calendar 15 and any other calendars where on a master calendar basis an individual judge became responsible for deciding issues in cases that had been assigned earlier to judges hearing other calendars, are to be terminated. Review of each intensive- probation case and handling of new offenses by that probationer or of hearings on alleged violations of the conditions of intensive probation will be "decentralized" back to the judge who placed the juvenile in that status. Any judge who committed a juvenile to the Department of Corrections will be responsible for any further proceeding in that regard.

. .

The elimination of Calendar 70 and the retention of case accountability by the abuse and neglect judge who entered a guardianship finding will enable this judge to retain familiarity with the case, monitor delivery of services to the child and family, track efforts made towards reunification, and promote permanency planning.

D. Case Processing and Caseflow Management

In addition to the changes set forth above in the assignment of cases to judges, there are specific changes in the way that judges will handle their cases.

1. Smening R e f d to the Tenpomry Detention cente m). A valuable step forward was reflected by Circuit Court General Order No. 20 (dated August 9,1991). which authorizes pretrial sewices officers to screen law enforcement referrals to TDC. Independent screening will ameliorate the criticism that large numbers of juveniles were unnecessarily detained because no screening function was performed until after a juvenile had been admitted to TDC.

2 Pteparotion ofruvenile Petitio= All juvenile delinquency petitions, initial and supplemental, will be prepared by the state's attorney's office. Initial abuse and neglect petitions and supplemental petitions based on the need to schedule a formal court hearing due to alleged violations of court orders or court approved plans will be prepared by the

7

state's attorney's office. court petitions are best prepared by attorneys or persons working under direct state's attorneys' supervision. Centralking petition preparation can better ensure the accuracy of content and form. The agency that is responsible for the prosecution or presentation of a case should control the content and form of the allegations and the relief that is sought.

3. scheduling confsaca. Whenever a judge sets a date for a court hearing other than a preliminary court hearing after a petition to initiate a juvenile case, the judge will also set a date for a scheduling conference to be held seven days prior to the court hearing. This dual setting approach of a scheduling conference and the formal hearing is to be used with transfer to criminal court hearings, guardianship review hearings, and termination of parental rights matters, also. The scheduling conference, to be attended by all attorneys, provides a setting to determine whether all preparations will be in readiness so that the pending hearing can be accomplished and the case can progress to any next stage of the Court's continuing jurisdiction. The Court's expectation wil l be that all cases shall be prepared and in readiness for the pending hearing. But where for good cause a pending hearing cannot be held, a new scheduling conference date - except where the pending formal hearing is to occur in the very near future - and a new formal hearing date should be set. The Court, accordingly, can maintain control of its calendar and not allow the matter to be deferred without specific dates set for return to court.

Certain events must be completed prior to an adjudicatory hearing or its equivalent, such as the exchange of discovery, motion hearings; review by all counsel of record of the case plan to be submitted within 30 days of a child's removal from the home; and a scheduling conference. A scheduling conference will pennit the judge to ascertain that these events have in fact happened, as well as to review trial preparations and address any proposed settlements. The conference should thus cover such matters as discovery completion, readiness for trial, witness availability, special testimony considerations, stipulations to facts, relevant reports, agreements to pending court processes, problems that will impact the proceedings and realistic intentions as to whether a contested hearing will in fact be required.

In regard to any supplemental petition filed due to a significant problem as well as with motions for termination of parental rights, the judge will conduct a scheduling conference within 21 calendar days after the filing of the petition in order to review, among other objectives, the status of service completion and readiness for hearing. Such scheduling conferences will enhance the Court's ability to comply with time standards and achieve efficient caseflow management. Achowledgement should be made that, while the Court may be able to hold many termination hearings within the timeframe stated above under R T i Studbdr, some cases will require more preparation time. With these, periodic scheduling conferences will enable a judge to maintain calendar control and monitor case preparation and readiness. A scheduling conference should also precede all

8

l8-month permanency pfanning reviews.

The dates and times for all scheduling conferences should be entered into the Court's record system. Judges can set scheduling conferences to be held in the morning, beginning at 9 am each day.

4. Gut Oniers. Orders should be prepared for judicial signature at all stages of proceedings. This will add more formality and certainty to court records.

5. SchedrrlingcoOnLnaho IL The Court will want to coordinate its approach to the scheduling events with representatives of the primary juvenile justice agencies. Calendaring particular types of events at particular times and days needs to maximize the use of the time that members of such offices as the Department of Children and Family Services (DCFS), Probation Department, State's Attorney, Public Defender, Public Guardian, and law enforcement make available for court. These agencies should be consulted in the development of the Court's approach to scheduling. The key date scheduling system used in other divisions of the Circuit Court can be adapted here.

6 F i i Ttial d Ha+g Dates. A general principle is that a trial or hearing date must be reasonably firm (Le., it can and will be heard at or near the date and time set) and reasonably prompt (i.e., reasonably soon from the date of the prior legal event). To ensure greater firmness in trial and heaxing dates, judges in the Juvenile Division should (1) adopt a firm but reasonable policy limiting the grant of continuances; (2) make effective use of scheduling conferences; and (3) with the assistance of caseflow coordinators (see below, F. olg mrizatiOn d Stafftrg), monitor and control the extent to which they set (or overset) their respective individual calendars.

Judges will review carefully any request to continue a scheduled proceeding. The review will be done in the context of a strict continuance policy whereby such requests are clearly discouraged and strong justification is needed to secure a continuance. The judge must enter in the court record a reference to the party that requested a continuance that was granted and the reason for the continuance. The management information system must be changed to enter these data so that meaningful management reports can be developed regarding continuance practice.

7. Due l'bcess Even& Court hearings properly included under the rubric of "due process events" include:

e An adjudicatory hearing;

0 A temporary custody hearing where a child is returned home under Q 2-25

9

orders (with adjudication deferred);

The entry of a 8 2-25 order (with adjudication deferred) at the first court appearance for a child not taken into custody,

8 An order of continuance under supemision regarding an abuse and neglect case (this is to be entered within 28 calendar days after the first court hearing);

8 An order of continuance under supervision regarding a delinquent act (this is to be entered within either 14 or 28 calendar days after the petition date, depending upon the offense);

8 The hearing on a motion to terminate parental rights;

8 The hearing on a motion to transfer a juvenile to the Criminal Division.

Due process events should occur quickly. Adherence to the t h e standards for due process events will expedite justice, compel speedy case preparation by attorneys, staff members of DCFS, and probation officers, and enable rehabilitative intervention to occur more promptly than is true today. This will improve the connection within a child's or juvenile's mind as to the reason for corning to court initially and the reason for the insertion of intervention sewices when they are provided. This will also further public respect for the Court.

More will be expected and more time will be required for abuse and neglect temporary custody hearings. The three primary purposes for such hearings include (1) to enter an order where the child will reside pending the litigation, (2) what is to be done regarding the child and the family, and (3) what is to be done regarding the management of the case. In addition to considerations of probable cause and urgent and immediate necessity, there will need to be judicial inquiry regarding reasonable efforts; affidavits that would be required to be filed with a petition; review of any form filed to describe the ability of the parent to employ counsel; inquiry regarding the prebinary social investigation; review of tbe plan for the service of process upon the parties; orders regarding the turning over of discovery information by a specified date; a final date for the filing of motions; setting the adjudication date and the dispositional hearing date; and the entry of protective orders.

The first court hearing in all delinquency cases, in custody or not in custody, should be broadened out much like the description above for the first hearing of an abused and neglected child. Similarly, prior to the date of an adjudicatory hearing, discovery should be

10

exchanged, motion hearings conducted, and a scheduling conference held.

It is anticipated that the adjudicatory and dispositional hearings in delinquency cases will be held on the same day for more juveniles than has been true in recent years. Cases in the fastest track include a substantial number for whom a continuance under supervision rather than adjudication followed by probation or a more serious sanction will be in order. This can well be accomplished in one combined hearing. Creation of a special investigations unit of the probation department (see below, l? olgonizntion d S : u h ) , assigned to initiate preadjudication social reports (except where a judge sustains a defense counsel objection), will enable speedier dispositions of detained juveniles, thereby freeing up certain TDC space as well as reducing the number of dispositional hearings a judge may need to schedule. In general, firm and reasonably prompt hearing dates should stimulate more pleas that are combined with agreed-upon disposition proposals.

8 Establirhtig conditionr of continuing Jivirdictioh The Illinois statute (5802-21) pertaining to abuse and neglect dispositional hearings provides that the hearing shall be set for no more than 30 calendar days following adjudication. Further, the statute provides that this scheduled hearing may be continued once for not to exceed 30 calendar days in order to complete the dispositional report.

The Court's intent, of course, must be to comply with any statutory requirement. However, DCFS and other agencies serving these children are outside the Court's direct control. The Court's responsibility is to conduct a scheduling conference no more than 21 days following the due process event of adjudication as a preparatory event to the expected dispositional hearing seven days later. Where, for example, DCFS is justifiably unable to obtain the appropriate dispositional placement for a child, the Court's role is to schedule a new scheduling conference and reschedule the dispositional hearing seven days thereafter. In some cases, despite the best efforts of the Court and DCFS, it may be necessary to recycle these hearings again. While the Court's management information system should record the number of days each case (delinquency, as well) requires from adjudication to disposition, and the reasons why a scheduled dispositional hearing does not result in a disposition, the Court should not be penalized for this type of inability to comport with the statutory dispositional time standard.

The dispositional hearing following any delinquency adjudication should take place within 21 calendar days after the adjudicatory hearing or equivalent due process event. A scheduling conference is to precede the dispositional hearing by seven days. While finding a suitable placement for a delinquent youth or completing a complex evaluation on a serious offender may require more time than allowed by this guideline, the Court should hold itself to a high standard of processing time compliance with delinquency cases, since the Court administers the probation department and can direct and control its efforts.

11

9. h?nise of G N u h h g J - Except for abuse and neglect guardianship cases, the exercise of continuing jurisdiction should be time limited. While cases that have .

been formally adjudicated may continue within statutory maximums at the Court's discretion, non-adjudicated matters should have relatively short maximum times. Cases for which adjudication is not sought are less serious matters. They should be closed out within a reasonable time period so that the court can maintain docket availability for its pending caseload. When terminated, new petitions can be initiated at a later date following a change of circumstance^.

la T enninatiOn ofcourt InvoZvenw& In the absence of an adjudication, there should be a presumptive case termination eight months after the temporary custody hearing or fmt court appearance in two sets of abuse and neglect cases: children returned home under 3 2-25 orders and children not in custody at the time of the first court appearance. The presumption should not apply to either casetype if DCFS resumes or takes custody of the child during the eight months. A scheduling conference should be conducted prior to the presumptive termination date to determine whether an exception should be made and the case be allowed to continue.

In the absence of an adjudication, there should be a presumptive case termination four months after the petition date in two sets of juvenile delinquency cases: referral-in cases and juveniles initially detained but released prior to adjudicatory hearing. A scheduling conference should be conducted prior to the presumptive termination date to determine whether an exception should be made and the case be allowed to continue.

E. Caseflow Management Information

The following management information should be obtained, recorded, and aggregated as measuring sticks for the Court's management of its caseflow and judicial personnel needs. This should be accomplished for individual judicial calendars and for the entire Court

0 Number of cases filed and disposed annually and monthly by casetype.

0 Percentile and mean and median data as to how long cases require from filing to disposition and between sub-processing stages by casetype.

0 Percentile and mean and median data on the pending caseload by casetype.

0 Percentile and mean and median data as to compliance with requisite due process events and case processing time standards.

l2

1

e The current workload of active cases by casetype.

e The aging of the cases on the current calendars.

e Data regarding the continuance of scheduled court events. A "continuance" is defined here as a scheduled event that does not occur. Each judge should make a record of each such continuance request (1) that is granted, (2) on whose motion, and (3) for what primary reason.

An important step in this project has been the establishment of case-processing time standards to serve as goals for the Court's timely disposition of case activities. The Court has plans to enhance its management information system capacity SO that it will be able to measure compliance with these standards.

F. Organization and Staffing

1. Judge l,ea&&ip in the Divirion The presiding judge should be assisted by a supervising judge for each of the Division's subunits: one for the abuse and neglect section and one for the juvenile delinquency section. The supervising judges should provide administrative oversight for the judicial workload and caseflow of the sections.

Wand DeputyDivisionA&nhism OK There is a need for an 2 DivishnA&mmbut . . administrator for this Division. The person in the new position should be known as the W o n adminkfrator. This official, as directed by the presiding judge, should exercise responsibilities that include but are not limited to caseflow management, the judicial calendaring system, budgeting, monitoring of expenditures, court personnel- human resources, training and education of non-judicial personnel, space and facilities management, the management information system, the use of management information to recommend changes based on these data, interagency coordination and liaison, implementing legal procedures, conducting planning and development, assisting in the provision of public information, and serving as secretariat for meetings of the judiciary.

There will be two persons in the position of deputy division adminirtrator to serve as the central resources for the Court's caseflow management effort. One deputy division administrator will work in the abuse and neglect section of the Court and the other deputy division administrator will have responsibility for the juvenile delinquency section of the Court. Each deputy will report to the respective supervising judge of the section, and to the division administrator. These deputies will participate in the reorganization of the Court's data collection that will produce meaningful repoxts that measure case progress and comportment with due process events and case processing time standards. The deputies

will analyze case data and based on &is analysis assist the Court in redesigning its procedures, judicial calendars, staff deployment, and approaches to collaboration with other juvenile justice agencies. The deputies will supervise the new caseflow coordinators added to each courtroom and will assist judges in improving caseflow in the Division.

3 Judidal Support Stt@ Judges will be assisted by the following support staff members, whose aid will enhance judicial efficiency and improved caseflow management: caseflow coordinators, minute clerks, law clerks, and secretaries.

A caseflow coodimtor will be assigned to each courtroom These coordinators wil l ensure that all assigned cases are appropriate, will facilitate case readiness for hearings, will help achieve and monitor case processing time standards, will implement state-of-the- art techniques and problem solutions, and will assist the judge in the coordination of courtroom staff. They will assess and seek to overcome obstacles to improved caseflow and will suggest more effective calendar systems. Personnel now sewing as courtroom adjudicators should be reassigned to other activities. While judges will initially conduct regular scheduling conferences with attorneys prior to the trial date and as needed otherwise in order to facilitate trial readiness or alternate case resolution, this function in time should be transferable to caseflow coordinators.

A minure clenk will be assigned to each courtroom. Advance technology to be acquired will enable this official to enter court orders into the computer as they are announced. The computer will be in the courtroom. Pre-coded software wil l enable instant entry of this information; there will be capability to enter specialized orders that are not pre-coded. This official will enter into the computer the next court date for further court action, a function currently performed manually by adjudicators. Certain family file information will be maintained in these computers.

There will be one taw clerk for each two judges. The immediate availability of law clerks will enable speedier judicial decisions supported by professional research. A suitable law libraxy will be obtained for the Court to assist this research.

One secretary will be employed to serve each two judges. Judicial secretaries will prepare legal memoranda, legal writings, materials for presentations, correspondence, assist with telephone communications, and process and send out particular orders issued by the Court.

4. ptobrrtion olgmrirrrtion The preparation of the social investigation for delinquent offenders that is currently performed by field supervision probation officers will be performed instead by specialized probation investigators. The investigations unit will conduct and prepare all investigations for detained and non-detained juveniles, except those juveniles who commit subsequent offenses or have violated their probation while on

14

probation status. "be investigations unit will allow field supervision officers to better concentrate on the supervision function without distraction from the need to regularly be in court for dispositional hearings. However, field supervision officers should be expected to update social investigations for probationers who commit subsequent offenses or violate probation. Special investigations staff should achieve greater uniformity in their recommendations for judicial dispositions since fewer probation oficers will prepare these reports and since specialist supervisors will Oversee their work The Court should experience far fewer delays with schedcled dispositional hearings for detained juveniles due to an unfinished social investigation report. Probation management may find it productive to designate a particular investigation and report team to concentrate exclusively on preparing these reports for detained juveniles.

Left for future determination by the design team is the decision whether social investigation reports will be presented at dispositional hearings by (1) the probation officer who prepared the report, or (2) a probation officer who represents the department and the probation officers who prepare these reports, or (3) without regularized probation department representation, but with the officer who prepared the report to be notified to attend when examination or cross-examination of this official is seen as vital.

5. olher Sup- SaviCcJ. Each judge hearing delinquency cases needs social investigation reports from the probation department for use at dispositional hearings. Project staff recommend that either the probation officer who prepared the report attend this hearing or that the department be unrepresented in general and the probation officer who prepared the report be noticed by an attorney or judge to testify only when a case clearly requires the officer's presence.

Sheriffs office staff members will continue to provide security to the courtroom and waiting room. Liaison services provided a courtroom by a police department representative or DCFS will continue as they are currently provided.

6org mrizmrionalSwnmary. Figure 1 below presents a new organizational chart for Juvenile Division administration, reflecting the staffing changes suggested here.

FIGURE 1. JUVENILE DMSION ORGANIZATION CHART

circuit court Chief Judge

Juvenile Division Presiding Judge I

1 Division

A d m i o r

supervising

(Juvenile Delinquency)

Delinquency)

r

I

Coordinators (Abuse and

Coordinators (Jwcnile

Delinquency)

Director

servicts

Fl Probation

16

C. Other Changes for General Improvement of Division Operations

1. commsrcanart oflircl;ger' W&hy. The judges of the Juvenile Division will schedule court matters so that the work of the Court begins not later than 9:OOam each weekday.

2 J..'z,un&wm The provision of a new lunchroom for the judges is strongly supported and is expected to contribute to greater judicial howledge sharing, camaraderie, enhanced resource utilization, and further applications of judicial operating efficiencies.

n A review should be conducted of the feasibility of Court 3. mc- administration of the TDC, rather than County executive administration, inasmuch as state funds for which the County is not now eligi'ble due to executive administration could be forthcoming were this facility placed under judicial administration.

. .

Conclusion: Need for Continuing Review and Refrnement

The approach to juvenile justice offered in this plan will require ongoing assessment following implementation. In a large urban court that must confront the protection of children and of society and the need for intervention with juvenile offenders, the complex dynamics of the court process compel regular review of the Court's achievements and shortcomings. Changes will always be needed to further the Court's performance.

17