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PROPOSED RESOLUTION
CALLING FOR A HEARING OF THE CRIMINAL JUSTICE COMMITTEE TO CONSIDER MEASURES TO BE IMPLEMENTED BY THE PUBLIC SAFETY COUNTY STAKEHOLDERS TO ENSURE FAIR AND EQUITABLE PROCESSING OF DOMESTIC RELATIONS MEDIATIONS AND CHILD REPRESENTATION
WHEREAS, the Cook County Board of Commissioners convened a hearing of the Criminal Justice Committee on July 22, 2025, to hear from advocates and county public safety stakeholders on the implementation of safeguards for the protection of gender-based violence survivors and domestic relations mediations and child representation; and
WHEREAS, several critical findings from the hearing highlighted the urgent need to address the ineffectual and inequitable processes within the Domestic Relations Court; and
WHEREAS, the processes within the domestic relations court system are crucial for daily operations and play a vital role in ensuring the safety of victim-witnesses, much like the domestic violence court; and
WHEREAS, domestic relations court mediations and proceedings, particularly those involving children, are vital in safeguarding both the victim and the well-being of children; and
WHEREAS, consequently, any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, or general welfare of a minor or dependent child, the court may, on its own motion or that of any party, appoint an attorney to serve as guardian ad litem, child representative, and/or an attorney for child pursuant to 750 ILCS 5/506; and
WHEREAS, additionally the court may decide that a child needs a representative, and may appoint the Public Guardian’s Office; and
WHEREAS, attorneys seeking admittance on the Guardian ad Litem (GAL) / Child Representative (CR) / Attorney for Child (AFC) active roster are interviewed by members of the GAL / CR / AFC Screening Committee, and after acceptance by the Presiding Judge and the Screening Committee, the attorney attends a training session hosted by current GAL / CR / AFC attorneys; and
WHEREAS, once said training is complete, attorneys are placed on the active GAL / CR / AFC roster, which is distributed to all Domestic Relations Division judges; and
WHEREAS, the Public Guardian Department within Cook County operates under different guidelines; Court appointments of the Public Guardian in a domestic relations case may be made if all parties and children live in Cook County, if at least one of the parties is represented by an attorney, and if the parties have attempted mediation of their dispute prior to the appointment. Additionally, the Office of the Public Guardian accepts appointments as child representative in the majority of cases (as opposed to GAL or attorney for the child); and
WHEREAS, the testimony from the July 2025 hearing paints a stark picture of systemic failures: ineffective civil orders of protection, inequitable and often exorbitant fees for Guardian ad Litem representation that have resulted in victims being jailed for non-payment, and the absence of crucial data and court documents, and victims must pay up to $1,000 to obtain through court reporters; and
WHEREAS, there is a glaring lack of oversight and training for judges in domestic relations courts, leading to their disregard for prior protective orders, and the prolonged duration of cases exacerbates the challenges faced by victims; and
WHEREAS, if a victim of domestic violence seeks an order of protection while also seeking child support, divorce or other civil matter, the order of protection is transferred from the domestic violence to domestic relations court, this transfer means the victim loses all access to resources including working with an assistant state’s attorney or a domestic violence advocate; and
WHEREAS, a recent analysis determined that 75% of civil orders of protection remain unserved in Cook County, meaning evidence in those cases is not available to prosecutors, law enforcement and other victims, and serial abusers go undetected; and
WHEREAS, a recent survey of litigants in domestic relations court revealed that 90% said they felt they were in danger and worried about the safety and well-being of their children; and
WHEREAS, it is significantly important in domestic relations matters that any fees that are to be borne by victims as well as child representatives are clear, fair and properly communicated by the court; and
WHEREAS, holding victims in contempt and even arresting and jailing them for inability to pay court ordered fees is unconscionable; and
WHEREAS, the lack of availability of court reporters in the Domestic Relations Division, for maintaining accurate records of proceedings is an impediment for any efforts to seek review or appeal; an
WHEREAS, survivors bravely and passionately testified at the hearing, exposing the judges’ neglect in listening to their concerns and meeting their needs. They highlighted the devastating impact of the absence of court reporting and access to court data, which left these failures undocumented and unaddressed; and
WHEREAS, survivors should not be saddled by a lack of services, devastating wait times, abusive judges, and a complicated and expensive system impossible to navigate to receive relief when in involved in domestic relations mediations; and
WHEREAS, the Cook County Board urgently requests actionable measures from the court and relevant county public safety stakeholders to improve the domestic relations process and is committed to collaborating with all Cook County stakeholders to guarantee the public safety of every resident in the County without undue delay;
NOW THEREFORE BE IT RESOLVED, that the Cook County Board of Commissioners does hereby request that a public hearing of the Criminal Justice Committee be convened to update the Board of Commissioners on measures that will be taken to improve processes, training, oversight, victim resources and safeguards related to Domestic Relations cases including the following matters:
Procedures used by judges to appoint a Guardian ad Litem or the Public Guardian.
Procedures used by judges to determine what attorney shall be appointed as Guardian ad Litem.
Financial obligations and fee structure the court adheres to and how they are communicated.
Availability or lack thereof of court reporters in the Domestic Relations Division and how reports are obtained when a party wishes to seek review or appeal.
Oversight of the Guardian ad Litem (GAL) / Child Representative (CR) / Attorney for Child (AFC) program and associated fee structure.
Training for judges and staff in the Domestic Relations Court.
Serving of Orders of Protection Process in Domestic Relations and Judges’ access to such orders.
Communication of records between the Domestic Violence Court and Domestic Relations Court.
Other suggested process improvements and safeguards to implement and potential challenges to ensure the welfare of children and victims are in place.
BE IT FURTHER RESOLVED, that a representative from each Cook County public safety stakeholder be prepared to participate in the hearing and provide a synopsis of the measures their agency will seek to implement to improve the mediation of justice in Domestic Relations cases relevant to their jurisdiction.
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