Miranda: Youth a factor in determining whether interrogation is "custodial"By Helen W. GunnarssonAugust 2011Lawpulse, Page 382The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
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).
No evidentiary limitations to statements of a minor in a temporary custody hearingJanuary 2011Illinois Law Update, Page 16On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.
What if it Were Your Child?By Mark D. Hassakis and Lisa JacobsJanuary 2011Column, Page 8What would "the system" look like if we designed it for our children?
Humpty Dumpty ChildBy Hon. Ron SpearsNovember 2010Column, Page 588Healing broken children is hard but essential work.
The Urgent Need for Juvenile Justice ReformBy Mark D. HassakisAugust 2010Column, Page 392Our costly juvenile justice system too often does more harm than good. Fortunately, there's a better way.
Juvenile offender reports mandated. PA 096-0853March 2010Illinois Law Update, Page 128The Children and Family Services Act has been amended to require the Illinois Juvenile Justice Commission to prepare a report concerning parole revocations of juvenile offenders, to be completed by September 30, 2010.
Law for minor smoking offenders amended. PA 096-0179November 2009Illinois Law Update, Page 552The Illinois General Assembly amended section 5-615 of the Juvenile Court Act of 1987 regarding supervision of minors who have been found in violation of the Prevention of Tobacco Use by Minors Act. 705 ILCS 405/5-615.
No after-the-fact extension of statute of limitationsBy Helen W. GunnarssonNovember 2009Lawpulse, Page 546The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.
How to represent juvenilesBy Helen W. GunnarssonJuly 2009Lawpulse, Page 330Representing a juvenile in a delinquency proceeding means walking “a fine line between defender and ‘best-interest advocate,’” an ISBA author observes.
Juveniles can be required to register as sex offendersBy Helen W. GunnarssonJuly 2009Lawpulse, Page 330The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.
Illinois Redeploy Program amended PA 095-1050June 2009Illinois Law Update, Page 284Illinois lawmakers amended section 16.1 of the Probation and Probation Officers Act by inserting and deleting language concerning the "Redeploy Illinois Program." 730 ILCS 110/16.1.
A Critical Look at the Shaken Baby SyndromeBy Roger H. Kelly and Zachary M. BravosApril 2009Article, Page 200Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.
Statutory change gives right to counsel to juveniles facing detentionBy Helen W. GunnarssonOctober 2008Lawpulse, Page 498 An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.
Station adjustments: not-so-rough justice for kidsBy Helen W. GunnarssonOctober 2007Lawpulse, Page 510For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.
Custodian requirements of Juvenile Court Act of 1987 amended PA 094-0604November 2005Illinois Law Update, Page 564On August 16, 2005, section 2-10 of the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) was modified to provide for more precise standards of conduct in instances where the Department of Children and Family Services (DCFS) is appointed as the temporary custodian of a minor.