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(The following proceedings were had in open court.)

The court:    This is in the interest of Minor 1 and Minor 2?  The minors are present.  The minors are not in custody.  Also present is, I assume, the minors mother?

Mother:     Yes.

The Court:     Minor 1, how old are you please?

Minor 1:     14.

The Court:     And, minor 1, have your received a copy of this petition?  Have you seen copies of these petitions?

Minor 1:     Yes.

The Court:    As parent and legal guardian you have received a copy of this petitions?

Mother:     Yes.

The Court:    Minor 2, how old are you?

Minor 2:     13.

The Court:     And you have received copies of these petitions?

Minor 2:     Yes.

The Court:     As parent and legal guardian, you have received copies of petitions for Minor 2 as well?

Mother:    Yes.

The Court:    The State's Attorney has filed a petition which alleges that each of these children is neglected; is that correct?

State's Attorney:     Yes, your Honor.

The Court:    And that is in addition to the truancy petitions.  What are the other petitions?

State's Attorney:     Once petition alleges truancy, and the other alleges neglect.

The Court:    Both the mother and both minors are entitled to be represented by counsel.  Each of you, as parties to this proceeding, have a right to a hearing.  The purpose of that hearing is to decide if either of these children is an abused child.  You have a right to be present at that hearing and all hearings, and with the assistance of your attorney present witnesses on you behalf and challenge evidence introduced by the state.

The Court:    You have the right to  appeal my decision in this case if I find that your child is neglected. Do you understand your rights?

 Mother:    Yes.

The Court:    If I find that either of these children are neglected, the law gives me the right to make certain decisions which I find are in the best interest of the child.

The Court:    If I determine it is not in the child's best interest to be placed in the custody of the parent, I may order that the child be placed in a foster home or other appropriate setting.  I also have the authority to order the parent to do certain things to ensure that the children can be safely returned.  If you don't follow those orders and make reasonable efforts toward getting your child back within 12 months, the State's Attorney can come back into court and ask me to terminate parental rights.  If, after a hearing, I terminate your right, you are no longer the legal parent of the child and the child is free to be adopted by someone else.

            Do you understand generally the rights and procedures that may be involved here?

Mother:    Yes.

The Court:    I will set this matter for first appearance with counsel to September 12, at 1:30PM.

State's Attorney:    You Honor, she was admonished of her rights.  Were the children admonished of their rights, because there are truancy petitions?

The Court:    I have admonished as to both.

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This has been our fear that started 12 months ago. I can not and will not, loose my children.

 

Opening Statements