The plain language of the statute supports respondent mother's argument that the trial court terminated continuance of the case under supervision and entered its adjudicatory order in violation of state law. If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing . If the court finds that such condition of supervision has not been fulfilled the court may proceed to findings and adjudication and disposition . Moreover, even if this proposed interpretation were correct, the State did not voice any objection to the continuance under supervision until almost one month after the court terminated the continuance of the case under supervision, providing little support for the court's terminating the continuance under supervision about a month earlier without a petition being filed or a hearing being held. The court clearly did not hold a hearing to determine whether the parents were cooperating fully and completely with DCFS prior to terminating continuance of the case under supervision.
Due process requires adequate notice to a minor's parents prior to a juvenile proceeding.
302 Ill. App. The trial court's alarm in the face of this situation is understandable. Regrettably, the State did not undertake appropriate action to terminate the continuance under supervision. However, the Act requires that respondents be provided with notice and a hearing as to whether respondents violated any conditions prior to terminating the continuance of the case under supervision. On remand, the State may file a petition to terminate the continuance under supervision and proceed accordingly.