Publications

Illinois Bar Journal
Articles on Child Protection

Court Approval of Minors' Settlements By Hon. Ron Spears November 2012 Column, Page 613 Should judicial approval be required for even small damage awards for minors?
"Neglected child" definition expanded and "blatant disregard" defined. PA 097-0803 November 2012 Illinois Law Update, Page 580 Illinois lawmakers have amended section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3.
Radon testing required at least once every three years in day care centers. PA 097-0981 November 2012 Illinois Law Update, Page 580 Illinois lawmakers have amended the Child Care Act of 1969 by adding section 5.8. 225 ILCS 10/5.8. Beginning January 1, 2013, licensed day care centers, licensed day care homes, and licensed group day care homes must be tested for radon at least once every three years in accordance with the Illinois Emergency Management Agency.
Mandated reporting requirements have been expanded to include new types of professionals. PA 097-0711 September 2012 Illinois Law Update, Page 464 In the wake of the Penn State scandal, the Illinois General Assembly has amended the Abused and Neglected Child Reporting Act (325 ILCS 5/4) to expand the types of professionals required to report child abuse and neglect. Added to the list of professionals are higher education institution personnel, athletic program or facility personnel, and early intervention providers.
New bill eases substitute visitation for servicemembers; "visitation abuse" bill defeated By Helen W. Gunnarsson December 2011 Lawpulse, Page 604 A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.
New warning requirements for child-related articles and jewelry containing lead. PA 097-0612. November 2011 Illinois Law Update, Page 556 The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).
Schools may suspend or expel students for gross disobedience or misconduct committed online. PA 097-0340. November 2011 Illinois Law Update, Page 556 Illinois lawmakers have amended the School Code to enable school boards to suspend or expel students for committing gross disobedience or misconduct using electronic means. (105 ILCS 5/10-22.6).
Absolute immunity for child reps By Helen W. Gunnarsson October 2011 Lawpulse, Page 490 Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.
DCFS may not employ sexually dangerous persons. PA 097-0103 October 2011 Illinois Law Update, Page 496 The Children and Family Services Act has been amended to prohibit the Department of Children and Family Services from employing sexually dangerous persons.
Amendments clarify and define standards for abuse and neglect of children May 2011 Illinois Law Update, Page 228 The Department of Children and Family Services (department) recently amended regulations to address federal guidelines established under the Child Abuse Prevention Treatment Act.
Child Murderer and Violent Offender Against Youth Registration Act offenses expanded. PA 096-1294 April 2011 Illinois Law Update, Page 180 Illinois lawmakers recently expanded the offenses covered by the Child Murderer and Violent Offender Against Youth Registration Act.
Juvenile Court Act gives court authority to determine independent basis of abuse or neglect April 2011 Illinois Law Update, Page 180 On February 4, 2011, the Appellate Court of Illinois, First District, affirmed a decision of the Circuit Court of Cook County, holding that the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) confers upon the court authority to determine that "'an independent basis of abuse, neglect, or dependency' exists, without strictly adhering to the procedural requirements for neglect petitions in Article II of the Act." K.D. at *1, quoting 705 ILCS 405/5-710 (1)(a)(iv).
Illinois adopts rules to improve the quality of youth group homes July 2010 Illinois Law Update, Page 348 The Department of Children and Family Services adopted amended rules to improve the care and quality of life for children housed at group homes.
Cross reporting encouraged between Animal Control and the Department of Children and Family Services. PA 096-0494 May 2010 Illinois Law Update, Page 236 Illinois lawmakers amended multiple Acts with the aim of facilitating cross-reporting between those charged with investigating possible animal and child abuse and neglect violations.
No statute of limitation for child pornography cases. March 2010 Illinois Law Update, Page 128 Illinois lawmakers amended the Criminal Code of 1961 to allow prosecution of child pornography offenses to be undertaken "at any time."  
Illinois amends standards for foster family homes October 2009 Illinois Law Update, Page 496 The Illinois Department of Children and Family Services amended its standards for foster family homes.
A Critical Look at the Shaken Baby Syndrome By Roger H. Kelly and Zachary M. Bravos April 2009 Article, Page 200 Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.
Criminal Code creates "grooming" and "traveling to meet a minor" offenses. PA 095-0901 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 
Sale of Tobacco to Minors Act amended. PA 095-0905 November 2008 Illinois Law Update, Page 554 Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.
Criminal Code of 1961 amended. PA 095-0849 October 2008 Illinois Law Update, Page 504 Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 
You've been appointed GAL-now what? By Helen W. Gunnarsson September 2008 Lawpulse, Page 438 Might you be a minor child's court appointed guardian ad litem? If so, here are some pointers from a colleague who's been there.
New restrictions on the availability of confidential information to caregivers July 2008 Illinois Law Update, Page 340 The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 
Adult DUI offenders who transport minors - what is the law? By Helen W. Gunnarsson February 2008 Lawpulse, Page 66 A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.
Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169 February 2008 Illinois Law Update, Page 72 The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 
Missing Persons Identification Act created. PA 095-0192 February 2008 Illinois Law Update, Page 72 Act provides law enforcement guidelines and requires all law enforcement agencies to accept "without delay" any report of a missing person.
Permanency Planning: Protecting Children from the Loss of Their Parents By Sarah Unsicker December 2007 Article, Page 656 How can Illinois parents plan for the possibility that they will die or otherwise not be there for their children? This article reviews the options.
Definition of neglected child expanded. PA 095-0443 November 2007 Illinois Law Update, Page 576 The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 
Terminating Guardianships and Returning Children to Parents: Pitfalls and Possibilities By Julie M. Harcum October 2007 Article, Page 542 Is it enough that a parent is "fit, willing, and able," or may a child be returned only if doing so serves his or her "best interest"?
So you wanna be a child rep...? By Helen W. Gunnarsson July 2007 Lawpulse, Page 342 How do you get appointed? How much can you earn? What about appointees who don't do the job?
New rules promulgated regarding Indian Child Welfare Services June 2007 Illinois Law Update, Page 292 The Illinois Department of Children and Family Services has repealed the previous version of 89 Ill Adm Code 307 and has added new sections that now comprise part 307 of title 89.