Section Newsletters

Articles on Child Law

Juvenile Court Benchmark Hearings “A local strategy for a national problem” By Hon. Patricia Holmes Racial and Ethnic Minorities and the Law, June 2005 Thousands of children across the country have been found to be abused or neglected and are placed in foster care on a yearly basis.
Case comment-In re D.D. By Sherry Silvern Child Law, April 2005 In September of 2004, the Illinois Supreme Court issued its decision in In re D.D., a minor, (People of the State of Illinois) v. D.D. (Oak Park-River Forest High School District 200), 212 Ill. 2d 410, 819 N.E.2d 300 (2004).
Crawford cancels hearsay exception for minor witnesses By Brendan Max Criminal Justice, April 2005 Accusatory statements by minor-witnesses made out of court may not be admitted as an exception to hearsay, and the statutory provision which authorized this practice is unconstitutional.
D.D.: Minors on probation By Kaitrin E. Valencia Child Law, April 2005 On September 23, 2004 the Illinois Supreme Court ruled in In Re D.D. 819 N.E.2d 300 (Ill. 2004) that a school district was not required to pay for the educational portion of a delinquent special education student's out-of-state placement that was ordered pursuant to the Juvenile Court Act.
In re D.D. By Julie Heuberger Yura Child Law, April 2005 In In re D.D., 212 Ill.2d 410, the Illinois Supreme Court upheld the Appellate Court of Illinois' reversal of a Juvenile Court order requiring Oak Park and River Forest High School District 200 to pay the educational component of a student's juvenile court-ordered residential placement resulting from his probation violation.
Lawsuits around the county By Catherine M. Ryan & Nancy Hablutzel Child Law, December 2004 A former high school student accused a coach of sexual abuse. The board of education concluded that the student was lying and did not report the allegation pursuant to the state child abuse reporting statute.
Case law update By Ellen Pauling Child Law, March 2004 The court found that section 1 (D)(q) of the Adoption Act, the conviction of attempted murder of a child is identified as a grounds for parental unfitness, violates neither the due process nor equal protection clauses of the constitution because evidence of the respondent subsequent rehabilitation can be presented at best interests hearings.
Legislation on the move Child Law, March 2004 At the time this newsletter was in publication, the following juvenile justice bills were scheduled for committee hearings, or were already on 2d or 3d reading.
Case law update By Ellen Pauling Child Law, April 2003 State filed a petition against mother, seeking termination of her parental rights to five of her children.
Lee/Ogle/DeKalb Intervention System’s Advisory Board (LODIS) By Ellen Pauling Child Law, February 2003 This is a follow-up article to my October 2001, Vol. 14, No. 1 edition regarding the LODIS Program.
Deaf parties have special needs By Susan O’Neal Johnson Child Law, December 2002 Deaf parties to juvenile abuse and neglect proceedings have certain rights under the Americans with Disabilities Act and the Rehabilitation Act.
Juvenile delinquency caselaw and legislative update By Peter N. Ryan Child Law, December 2002 This amendment applies only to drug transfer cases (not Class X felony)
Case law update By Ellen Pauling Child Law, October 2002 State filed a petition against mother seeking termination of her parental rights to five of her children. Trial court found mother unfit as to each of the five children based on "the extended period that the mother had no contact with the children" and then terminated her rights to her two youngest children
The youth court option: Now that’s a young prosecutor By Terrence M. Madsen Child Law, October 2002 The scene in the Knox County courtroom is pretty much the same as at any routine juvenile proceeding except that the prosecutor is 14, the defense "attorney" is 16 and a "jury" of 13-17 year-olds are hearing evidence in aggravation and mitigation in anticipation of imposing a very real sentence.
Are plea bargains in juvenile court really bargains? By Arlene Anderson Child Law, July 2002 Plea bargaining has become an institutional part of the juvenile justice system.
Child welfare case law update By Judge Thomas Mueller Child Law, July 2002 Any adult person, including a child's court appointed guardian ad litem, may file a motion/petition to terminate parental rights.
From the bench Child Law, July 2002 The Juvenile Justice System by its nature deals with a diverse group of young people involved in a wide spectrum of cases ranging from minor offenses to very serious and violent crimes
Message from the chair By Kathryn Bischoff Child Law, July 2002 My year as chairman of the Section Council has passed very quickly.
Delinquency case law update By Kulmeet S. Galhotra Child Law, May 2002 In re R.A.B, 197 Ill. 2d 358, 757 N.E. 2d 887, 259 Ill. Dec. 24 (2001), a case concerning the fundamental right to trial by jury, was issued on September 20, 2001.
School violence and discipline of special education students By Richard S. Gutoff Child Law, May 2002 School violence resulting in fatalities has occurred 11 times since 1997. These acts of violence were committed by troubled students.
Abandoned Newborn Infant Protection Act By Karen Ryan Child Law, February 2002 On August 17, 2001 Governor Ryan signed House Bill 632 and Senate Bill 216, enacting The Abandoned Newborn Infant Protection Act.
Should your child client be in a different school? By Joy Rogers Child Law, February 2002 Selection of an appropriate school for a child may become a legal matter in a variety of situations including delinquency, neglect and/or abuse, child custody, special education conflicts, and McKinney Act issues. Parties in such actions are often in conflict about what school arrangements are best for the affected child. The issues to be weighed are complex.
Sycamore police peer jury program By Steve Cook Child Law, February 2002 Thirteen-year old Mike stands in front of a group of kids telling them how he shoplifted at the local grocery store.
The varying degrees of diligence used in locating and notifying non-custodial father of juvenile court proceedings involving their minor children By Linda Perez Child Law, February 2002 The Illinois Supreme Court has emphasized the constitutional nature of the right to notice, as well as the necessity of compliance with the formal notice requirements in the Illinois Juvenile Court Act.
Child custody disputes between guardians and parents: what law governs? By Patrick J. Hitpas Elder Law, January 2002 Family practitioners frequently represent parties in child custody litigation between guardians and the natural parents of the child.
Juvenile delinquency case law and legislative update By Kulmeet S. Galhotra Child Law, January 2002 Can you sentence a sixteen-year-old to DCFS custody in a delinquency case?
School choice under the “Individuals with Disabilities Act Amendments of 1997” By Mark J. Carroll Child Law, January 2002 Prior to 1975, disabled children and their parents were provided little protection by the federal government against states who excluded disabled children from the educational system because of their disability.
Termination: two and two for the spring By Terrence M. Madsen Child Law, January 2002 The parental rights termination provisions of 750 ILCS 50/1 went two and two this spring in the constitutional challenge area.
Establishing teen courts in local communities By Cindy Nelson Child Law, October 2001 Diverting first time youth offenders to teen court can provide a number of benefits to the community which utilizes such a system.
From the chair By Kathryn Bischoff Child Law, October 2001 When I got "notice" from our newsletter editor that one of my responsibilities this year as chair of the section council was to write a column for each newsletter I was excited.

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