Illinois Appellate Court
Civil Court
Child Custody
Respondent mother appealed from trial court’s denial of her motion to vacate an order placing temporary custody of her minor children with the Department of Children and Family Services, arguing that the temporary custody hearing did not happen within 48 hours of the minors being taken into protective custody. The appellate court affirmed, finding that the trial court did not err in denying the respondent’s motion to vacate its temporary custody order where the hearing was scheduled to begin within the 48-hour time requirement and where there was a minimal delay in starting the hearing and no party was prejudiced by the delay. (SCHOSTOK and BIRKETT, concurring)