Publications

Illinois Bar Journal
Articles on Child Protection

Helping Parents Plan for Children with Special Needs By Kerry R. Peck and D. Rebecca Mitchell February 2007 Article, Page 82 Drafting tips to help lawyers help parents plan, financially and otherwise, for special-needs children.
Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S. By Roman J. Seckel February 2007 Article, Page 90 The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.
Child counseling amended in IMDMA PA 094-0640 November 2005 Illinois Law Update, Page 564 In an effort to provide better representation for children in custody actions, section 506 of the Illinois Marriage and Dissolution of Marriage Act (Act), 750 ILCS 5/101 et seq.
Appellate Jurisdiction Over Child Protection Orders By Charles P. Goldbert and Kass A. Plain September 2005 Article, Page 466 When can lawyers for parents, children, and other parties seek appellate review in child protection cases? This article discusses the details.
More protection for children under the age of 9 years - PA 094-0011 August 2005 Illinois Law Update, Page 390 On June 8, 2005, the Children's Product Safety Act ("Act") is amended by raising the age of children protected under the Act from under the age of 6 years, to any child under the age of 9 years. 
Child Curfew Act amended - PA 093-1092 June 2005 Illinois Law Update, Page 280 On March 29, 2005, the Illinois legislature amended The Child Curfew Act, 720 ILCS 555, and adopted precise definitions confining the activities of youth outside the home to specified time parameters, while recognizing viable defenses to violations and guiding actions of enforcement.
Day care centers must notify parents when pesticides applied June 2005 Illinois Law Update, Page 280 The Illinois Department of Children and Family Services has amended 89 Ill Adm Code 407. 
Requirements outlined to activate the AMBER Alert Notification Plan March 2005 Illinois Law Update, Page 116 The Illinois State Police recently adopted 20 Ill Adm Code 1292.30, effective on November 24, 2004.
Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers By Theodore R. LeBlang July 2004 Article, Page 356 A look at how recent cases have construed the nature and scope of the immunity.
Amendments Adopted by Department of Children and Family Services March 2004 Illinois Law Update, Page 124 The Department of Children and Family Services recently amended 89 Ill. Adm. Code 431. 
When DCFS Knocks: Representing a Client Accused of Child Abuse or Neglect By David N. Schaffer January 2004 Article, Page 26 How to review the DCFS investigative file, appeal an indicated finding, conduct discovery, and prepare for the administrative review hearing.
Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation December 2003 Illinois Law Update, Page 600 On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 
Changes in place for reporting of child abuse September 2003 Illinois Law Update, Page 436 The Illinois Department of Children and Family Services recently adopted amendments related to the reporting of child abuse and neglect.
When credible-evidence standard used to determine whether finding of abuse indicated under 325 ILCS 5/1 et seq., administrative appeal must be under preponderance-of-evidence standard February 2003 Illinois Law Update, Page 62 On November 20, 2002, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County reversing the decision made on administrative appeal.
Child abduction statute and jury instructions did not require jury to consider mother's knowledge of child's whereabouts in determining father's guilt; trial court did not abuse discretion in not providing jury with common definition of word "concealed" January 2003 Illinois Law Update, Page 14 On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.
Legislation requires members of clergy to report sexual abuse of children under Abused and Neglected Child Reporting Act P.A. 92-0801 January 2003 Illinois Law Update, Page 14 On August 16, 2002, Gov. George H. Ryan signed into law House Bill 5002, which amends the Abused and Neglected Child Reporting Act (ANCRA) and the Criminal Code of 1961.
Section 2-6.5 of Probate Act requires trial court to first find that parent satisfies one criteria for misconduct and then determine what effect that misconduct had before reducing parent's interest in child's estate January 2003 Illinois Law Update, Page 14 On October 15, 2002, the Appellate Court of Illinois, First District, reversed in part and reversed and remanded in part the order of the circuit court of Cook County entering an adjudication of parental neglect pursuant to section 2-6.5 of the Probate Act.
Bill would require clergy to report abuse By Helen W. Gunnarsson August 2002 Lawpulse, Page 392 HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.
Time frame of initial service plans extended and health added as an ongoing assessment factor August 2002 Illinois Law Update, Page 402 On May 24, 2002, the Department of Children and Family Services (department) amended several provisions in section 89 of the Illinois Administrative Code. 89 Ill Adm Code 315.
New review process created for foster parents July 2002 Illinois Law Update, Page 344 On June 1, 2002, the Department of Children and Family Services (department) amended section 337 of the Illinois Administrative Code. 89 Ill Adm Code 337.
Behavior treatment in residential child care facilities June 2002 Illinois Law Update, Page 288 On March 15, 2002, the Illinois Department of Children and Family Services (department) adopted amendments to section 384 of the Illinois Administrative Code. 89 Ill Adm Code 384.
Legislation makes changes to child abuse reporting laws P.A. 92-0319 and P.A. 92-0295 May 2002 Illinois Law Update, Page 232 In August 2001, Gov. Ryan approved two pieces of legislation amending the Abused and Neglected Child Reporting Act and Illinois School Student Records Act.
New guidelines adopted for school discipline April 2002 Illinois Law Update, Page 176 On January 16, 2002, the State Board of Education (board) adopted amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.
Parents may be jailed for leaving child alone in a car P.A. 92-515 March 2002 Illinois Law Update, Page 120 Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.
Correspondence from Our Readers January 2002 Column, Page 6 Those clients from hell.
Definitions and disclosure amended December 2001 Illinois Law Update, Page 624 On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments and additions to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.
Legislation clarifies that failure to vaccinate a child for religious or medical reasons is not neglect or abuse; P.A. 92-375 December 2001 Illinois Law Update, Page 624 In August, Gov. Ryan signed into law Senate Bill 1305, which amends the Adoption Act to clarify that a parent's failure to vaccinate a child due to religious or medical reasons, allowed by law, does not constitute child neglect or abuse.
New report allegation December 2001 Illinois Law Update, Page 624 On October 1, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 300 of the Illinois Administrative Code. 89 Ill Adm Code 300.
Legislation increases fines for violations of Child Passenger Protection Act; P.A. 92-173 November 2001 Illinois Law Update, Page 568 In addition to signing Senate Bill 98 requiring drivers to ensure that seat belts are used for children under 16, Gov. Ryan signed Senate Bill 403.
Legislation requires drivers to ensure that passengers younger than 16 use seat belts or restraint systems; P.A. 92-171 November 2001 Illinois Law Update, Page 568 In late July, Gov. Ryan signed into law Senate Bill 98, which amends the Child Passenger Protection Act. The new legislation requires drivers to ensure all passengers four years of age or older, but under 16, are secured by either seat belts or restraint systems in a vehicle.
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