Publications

Illinois Bar Journal
Articles on Child Protection

Background checks required for adults residing in child care homes November 2014 Illinois Law Update, Page 524 Fingerprint-based criminal history background checks are now required for anyone over the age of eighteen residing in a child care home exempt from licensing.
Fictive kin required to apply for licensure as a foster family home October 2014 Illinois Law Update, Page 472 Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.
Restrictions on placing minor criminal offenders with the Department of Children and Family Services October 2014 Illinois Law Update, Page 472 As of January 1, 2017, courts may not place an adjudicated delinquent or a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 with the Department of Children and Family Services unless the minor...
Clarifications for child abuse and neglect reporting September 2014 Illinois Law Update, Page 424 DCFS recently clarified the difference between putting a child in "substantial risk of physical injury" and placing a child in an "environment injurious to health or welfare." 89 Ill. Adm. Code 300 (eff. June 11, 2014).
Failure to report sexual abuse of a child May 2014 Illinois Law Update, Page 220 The Criminal Code of 2012 has been amended to criminalize the knowing failure to report to law enforcement the sexual abuse of a child by a person over the age of 18.
Changes to the Department of Children and Family Services Scholarship Program eligibility requirements April 2014 Illinois Law Update, Page 168 The Illinois Department of Children and Family Services recently adopted amendments that clarify who is eligible for their scholarship program, the duration of the scholarship, and who serves on the scholarship committee. 89 Ill. Adm. Code 312 (eff. Dec. 31, 2013).
Licensing standards for child welfare agencies, day care homes, and group day care homes February 2014 Illinois Law Update, Page 68 The Illinois Department of Children and Family Services recently adopted amendments that alter the licensing standards for child welfare agencies, day care homes, and group day care homes. 89 Ill. Adm. Code 401, 406, 408 (eff. Nov. 30, 2013).
New underage tanning ban January 2014 Illinois Law Update, Page 16 After January 1, 2014, tanning facilities may no longer permit individuals less than 18 years of age to use tanning equipment that emits ultraviolet radiation or electromagnetic radiation (with wavelengths between 200-400 nanometers).
Unfounded reports of child abuse and neglect must be retained December 2013 Illinois Law Update, Page 612 Beginning on August 30, 2013, the Department of Children and Family Services must store unfounded reports of child abuse or neglect made by non-mandated reporters for one year. 89 Ill. Adm. Code 431.
Changes to the Child Health Examination Code November 2013 Illinois Law Update, Page 560 The Illinois Department of Public Health (the "Department") recently adopted amendments to rules that specify required immunizations for students entering kindergarten through twelfth grade. 77 Ill. Adm. Code 665.
Will Rule 138 privacy provisions be changed before taking effect? By Adam W. Lasker November 2013 Lawpulse, Page 554 The ISBA supports changes to Rule 138's soon-to-be effective limitations on disclosure of personal identity information in response to concerns raised by divorce lawyers and others.
Aggressive steps being taken against teen dating violence October 2013 Illinois Law Update, Page 504 Public school boards must now adopt a policy that: (1) states that teen dating violence is prohibited; (2) "incorporates age-appropriate education about teen dating violence into new or existing training programs" for junior high and high school students and school employees; (3) establishes employee response procedures for incidents that take place at school or school-sponsored activities; (4) identifies the school officials; and (5) notifies students and parents of the adopted teen dating violence policy. 105 ILCS 110/3.10.
No guardian ad litem fees for DCFS. PA 098-0089 September 2013 Illinois Law Update, Page 452 Guardianship cases that require the appointment of a guardian ad litem generally require that the petitioner pay for any guardian ad litem fees when the respondent is unable to pay. 755 ILCS 5/11a-10.
Parental Notice of Abortion Act withstands challenge under Illinois Constitution September 2013 Illinois Law Update, Page 452 On July 11, 2013, the Illinois Supreme Court held (1) the privacy clause is not the basis for the right to abortion under the Illinois Constitution; (2) the due process clause in the Illinois Constitution guarantees protections equal to those guaranteed by the due process clause in the United States Constitution; and (3) the statutory requirement that minors must give notice to an adult family member or obtain a judicial waiver to receive an abortion is not unduly burdensome on that minor's right to have confidential medical information.
Adult hosts of underage drinkers may face charges. PA 097-1049 July 2013 Illinois Law Update, Page 336 The Liquor Control Act has been amended to charge social hosts of underage drinkers. 235 ILCS 5/6-16.
DCFS cannot define “neglect” with language removed by the legislature June 2013 Illinois Law Update, Page 284 On March 21, 2013, the Illinois Supreme Court affirmed the judgment of the appellate court and held that the Illinois Department of Children and Family Services ("DCFS") did not have authority to charge someone with an offense that defined "neglect" using language that had previously been deleted by the legislature in the Abused and Neglected Child Reporting Act ("ANCPA").
Failure to report the death or disappearance of a child under 13 years of age. PA 097-1079 June 2013 Illinois Law Update, Page 284 Illinois lawmakers have amended the Criminal Code of 1961 by adding the offense of "Failure to report the death or disappearance of a child under 13 years of age." 720 ILCS 5/10-10 new.
Child sex offenders banned from participation in some holiday celebrations. PA 097-0699 May 2013 Illinois Law Update, Page 228 Lawmakers have updated the Criminal Code of 1961 to add additional limitations to the activities of convicted child sex offenders in Illinois.
Additional information required in a report on the death or life-threatening injury of a child. PA 097-1068 April 2013 Illinois Law Update, Page 176 The Abused and Neglected Child Reporting Act has been amended to require that copies of the materials used by the Illinois Department of Children and Family Services, in their investigation of the death or life-threatening injury of a child, be provided in their report. 325 ILCS 5/4.2.
New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089 March 2013 Illinois Law Update, Page 124 The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).
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.