Clarifications for child abuse and neglect reportingSeptember 2014Illinois Law Update, Page 424DCFS 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 childMay 2014Illinois Law Update, Page 220The 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.
New underage tanning banJanuary 2014Illinois Law Update, Page 16After 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).
Changes to the Child Health Examination CodeNovember 2013Illinois Law Update, Page 560The 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.
Aggressive steps being taken against teen dating violenceOctober 2013Illinois Law Update, Page 504Public 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 098-0089September 2013Illinois Law Update, Page 452Guardianship 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 ConstitutionSeptember 2013Illinois Law Update, Page 452On 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.
DCFS cannot define “neglect” with language removed by the legislatureJune 2013Illinois Law Update, Page 284On 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").
Radon testing required at least once every three years in day care centers. PA 097-0981November 2012Illinois Law Update, Page 580Illinois 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 097-0711September 2012Illinois Law Update, Page 464In 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.
Absolute immunity for child repsBy Helen W. GunnarssonOctober 2011Lawpulse, Page 490Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.
Juvenile Court Act gives court authority to determine independent basis of abuse or neglectApril 2011Illinois Law Update, Page 180On 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).