Publications

Illinois Bar Journal
Articles on Juvenile Justice

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.
Former version of §1-5(3) of the Juvenile Court Act did not require trial courts to admonish parents of all factors that could result in the termination of their parental rights. March 2004 Illinois Law Update, Page 124 On December 18, 2003, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's termination of the defendant's parental rights. 
Juvenile Offenders to be Deinstitutionalized from Correctional Confinement Facilities to Community-Based Alternative Programs P.A. 93-0641 March 2004 Illinois Law Update, Page 124 Effective immediately, the state will encourage the use of pilot programs in communities to deinstitutionalize juvenile offenders by reallocating funds from juvenile correctional confinement to such alternatives through the "Redeploy Illinois" program. 
Responsibility Imposed for Drug and Alcohol Impairment of Minors P.A. 93-0588 November 2003 Illinois Law Update, Page 550 Effective January 1, 2004, any person over the age of 18 who supplies alcohol or illegal drugs to a minor will be liable for any death or injuries to people or property caused by the drug or alcohol impairment of that minor.
Expungement of Juvenile Records By Terence M. Madsen October 2003 Article, Page 523 How to help your juvenile-offender client wipe the slate clean.
New amendments affect police interrogations (P.A. 93-0517) October 2003 Illinois Law Update, Page 492 The Illinois Police Training Act has been amended to require training of police officers to conduct electronic interrogations.
Oral piercing of minors illegal without parental consent P.A 92-0692 June 2003 Illinois Law Update, Page 280 Effective January 1, 2003, any person who pierces the body or oral cavity of a person under 18 years of age without written consent of a parent.
Teen courts on the rise in Illinois By Helen W. Gunnarsson June 2003 Lawpulse, Page 274 Courts staffed by teenagers are coming to a community near you.
Minor's constitutional rights not violated by section 5-125 of Juvenile Court Act, exempting ordinance-violation prosecutions from detention procedures set forth in Act May 2003 Illinois Law Update, Page 226 On February 7, 2003, the Appellate Court of Illinois, Fourth District, affirmed the order of the Circuit Court of Champaign County finding the defendant guilty of violating the conditions of his supervision and sentencing him to detention and conditional discharge.
Multiple-murder sentencing statute violates proportionate penalties clause of Illinois Constitution when juvenile defendant convicted of two counts of first-degree murder based on accountability February 2003 Illinois Law Update, Page 62 On November 21, 2002, the Illinois Supreme Court affirmed the trial court and concluded that, as applied to this juvenile defendant, the multiple-murder sentencing statute violated the proportionate penalties clause in article I, §11 of the Illinois Constitution.
School legal drug policy prohibits disciplinary action for refusal of psychostimulants P.A. 92-0663 January 2003 Illinois Law Update, Page 14 Effective January 1, 2003, Illinois school boards will be required to adopt and implement a policy that prohibits any disciplinary action that is based totally or in part on the refusal of a student's parent or guardian to administer or consent to the administration of psychotropic or psychostimulant medication to the student.
Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution December 2002 Illinois Law Update, Page 634 On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.
When issuing dispositional order for indefinite time period, trial court must consider whether minor will be detained for period greater than maximum sentence an adult would receive for committing same offense November 2002 Illinois Law Update, Page 584 On July 10, 2002, the Appellate Court of Illinois, Second District, modified the dispositional order entered by the Circuit Court of Winnebago County to reflect that the minor respondent was committed to the Department of Corrections (DOC) for an indeterminate period not to exceed five years.
Legislation creates a mechanism for juveniles being prosecuted as adults to petition the judge to transfer the case back to the juvenile court system P. A. 92-0665 September 2002 Illinois Law Update, Page 454 On July 16, 2002, Gov. George H. Ryan signed into law House Bill 4129, which amends the Juvenile Court Act of 1987.
Legislation creates the Juvenile Drug Court Treatment Act P. A. 92-0559 September 2002 Illinois Law Update, Page 454 Gov. George H. Ryan signed into law Senate Bill 1638 to create the Juvenile Drug Court Treatment Act, which authorizes a diversionary drug court program for eligible minors.
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.
Sex Offender Registration Act does not require juvenile offenders to register March 2002 Illinois Law Update, Page 120 On December 21, 2001, the Appellate Court of Illinois, Second District, reversed the trial court's decision requiring a juvenile to register as a sex offender.
Trial court has the authority under the Juvenile Court Act to order state's attorney to prosecute a petition to terminate parental rights September 2001 Illinois Law Update, Page 454 On June 21, 2001, the Illinois Supreme Court affirmed the lower court's holding that the trial court had the authority under the Juvenile Court Act to order the state's attorney to prosecute a petition to terminate parental rights, after establishing permanency goal.
Parents to be notified if minor receives traffic ticket ; S.B. 627 August 2001 Illinois Law Update, Page 398 Senate Bill 627 would create a traffic ticket parent notification pilot program in DuPage, Kendall and Sangamon Counties beginning on January 1, 2002, and ending on December 31, 2003.
Secretary of state may deny driver's license to minors charged in connection with serious auto accidents; H.B. 2161 August 2001 Illinois Law Update, Page 398 Under House Bill 2161, a person under the age of 18 charged with a violation of the Illinois Vehicle Code or Criminal Code of 1961 arising out of a serious auto accident may be denied a driver's license.
The Lawyer's Journal By Bonnie C. McGrath June 2001 Column, Page 282 Knock-off alert for real estate contract; new Supreme Court Rule 99; time is money, and thus compensable; and more.
Orders related to the temporary custody of a minor require only a "best interests" determination, distinct from the standard required at a temporary custody hearing June 2001 Illinois Law Update, Page 286 On April 19, 2001, the Illinois Supreme Court reversed the appellate court's holding that the juvenile court lacked authority to remove a minor from his temporary foster home since there was no immediate necessity for the removal.
Legal limit on tobacco age may rise; H.B. 1034 May 2001 Illinois Law Update, Page 230 Some Illinois teens may soon find it more difficult to purchase cigarettes and other tobacco products. House Bill 1034 would raise the current minimum age to purchase such products from 18 to 19.
Legislation mandates legal representation for pre-teens suspected of murder or sex crimes — P.A. 91-915 January 2001 Illinois Law Update, Page 14 Gov. George H. Ryan approved legislation that ensures legal representation for young minors suspected of murder or sex offenses.
When determining the fitness of a parent, the court can only consider evidence of actions occurring within 12 months from the date in which the court finds the abused, or a dependent May 2000 Illinois Law Update, Page 252 On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's finding that D.L.'s mother was unfit pursuant to section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29).
Juvenile offender information now available to victims in some circumstances; P.A. 91-479 April 2000 Illinois Law Update, Page 196 Under 705 ILCS 405/5-905, law enforcement officials ordinarily may not disclose the identity of any juvenile when releasing information to the public about arrests or investigations involving minors.
Tattoos for public servicework?; P.A. 91-98 April 2000 Illinois Law Update, Page 196 Under two new laws that amend the Juvenile Court Act of 1987, some juveniles may soon be trading in their tattoos for additional community service hours.
The Lawyer's Journal By Bonnie McGrath October 1999 Column, Page 514 Insurance policies and the discovery rule; read the fine print.
Providing certain minors with access to firearms is a misdemeanor; PA 91-18 August 1999 Illinois Law Update, Page 406 PA 91-18 will penalize a person who knowingly leaves a firearm where a minor under 14 years of age can access it if the minor later causes death or serious bodily harm with it.
School shooters excluded from juvenile court jurisdiction ; P.A. 91-15 August 1999 Illinois Law Update, Page 406 The Juvenile Court Act, 705 ILCS 405/1 et seq, attempts to best serve the safety and ``welfare of [an accused minor] and the best interests of the community'' by shielding the minor from the full force and application of the Illinois Criminal Code.
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