Publications

Articles on Child Protection

Allegations of inadequate child supervision require “blatant disregard” of parental or caregiver responsibilities

July
2017
Illinois Law Update
Page 18
This amendment revises the Abused and Neglected Child Reporting Act ("ANCRA") by amending the criteria for making an allegation of inadequate supervision to require "blatant disregard" of parental or caregiver responsibilities.

Proposed regulations would alter child abuse proceedings

February
2017
Illinois Law Update
Page 20
The Department of Children and Family Services (DCFS) proposed amendments to the subpart "Appeals of Child Abuse and Neglect Investigation Findings."

Changes to licensing requirements for day care homes and group day care homes

November
2016
Illinois Law Update
Page 18
The Department of Children and Family Services amended regulations involving licensed day care homes and group day care homes.

Revised background check requirements for child service providers

July
2015
Illinois Law Update
Page 18
As of March 25, 2015, the Department of Children and Family Services ("DCFS") has imposed four new fingerprinting and criminal history background check obligations on employees and residents of child care facilities and foster homes.

When is corporal punishment excessive?

July
2015
Article
Page 30
Parents have the right to administer corporal punishment in Illinois, unless it's counter to the best interest of the child.

Background checks required for adults residing in child care homes

November
2014
Illinois Law Update
Page 524
Fingerprint-based criminal history background checks are now required for anyone over the age of eighteen residing in a child care home exempt from licensing.

Fictive kin required to apply for licensure as a foster family home

October
2014
Illinois Law Update
Page 472
Under the Children and Family Services Act, child placements with fictive kin will soon be subject to new requirements.

Restrictions on placing minor criminal offenders with the Department of Children and Family Services

October
2014
Illinois Law Update
Page 472
As of January 1, 2017, courts may not place an adjudicated delinquent or a minor charged with a criminal offense under the Criminal Code of 1961 or the Criminal Code of 2012 with the Department of Children and Family Services unless the minor...

Clarifications for child abuse and neglect reporting

September
2014
Illinois Law Update
Page 424
DCFS 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 child

May
2014
Illinois Law Update
Page 220
The 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.

Changes to the Department of Children and Family Services Scholarship Program eligibility requirements

April
2014
Illinois Law Update
Page 168
The Illinois Department of Children and Family Services recently adopted amendments that clarify who is eligible for their scholarship program, the duration of the scholarship, and who serves on the scholarship committee. 89 Ill. Adm. Code 312 (eff. Dec. 31, 2013).

Licensing standards for child welfare agencies, day care homes, and group day care homes

February
2014
Illinois Law Update
Page 68
The Illinois Department of Children and Family Services recently adopted amendments that alter the licensing standards for child welfare agencies, day care homes, and group day care homes. 89 Ill. Adm. Code 401, 406, 408 (eff. Nov. 30, 2013).

New underage tanning ban

January
2014
Illinois Law Update
Page 16
After 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).

Unfounded reports of child abuse and neglect must be retained

December
2013
Illinois Law Update
Page 612
Beginning on August 30, 2013, the Department of Children and Family Services must store unfounded reports of child abuse or neglect made by non-mandated reporters for one year. 89 Ill. Adm. Code 431.

Changes to the Child Health Examination Code

November
2013
Illinois Law Update
Page 560
The 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.

Will Rule 138 privacy provisions be changed before taking effect?

By Adam W. Lasker
November
2013
LawPulse
Page 554
The ISBA supports changes to Rule 138's soon-to-be effective limitations on disclosure of personal identity information in response to concerns raised by divorce lawyers and others.

Aggressive steps being taken against teen dating violence

October
2013
Illinois Law Update
Page 504
Public 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 098-0089

September
2013
Illinois Law Update
Page 452
Guardianship 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 Constitution

September
2013
Illinois Law Update
Page 452
On 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.

Adult hosts of underage drinkers may face charges. PA 097-1049

July
2013
Illinois Law Update
Page 336
The Liquor Control Act has been amended to charge social hosts of underage drinkers. 235 ILCS 5/6-16.

DCFS cannot define “neglect” with language removed by the legislature

June
2013
Illinois Law Update
Page 284
On 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").

Failure to report the death or disappearance of a child under 13 years of age. PA 097-1079

June
2013
Illinois Law Update
Page 284
Illinois lawmakers have amended the Criminal Code of 1961 by adding the offense of "Failure to report the death or disappearance of a child under 13 years of age." 720 ILCS 5/10-10 new.

Child sex offenders banned from participation in some holiday celebrations. PA 097-0699

May
2013
Illinois Law Update
Page 228
Lawmakers have updated the Criminal Code of 1961 to add additional limitations to the activities of convicted child sex offenders in Illinois.

Additional information required in a report on the death or life-threatening injury of a child. PA 097-1068

April
2013
Illinois Law Update
Page 176
The Abused and Neglected Child Reporting Act has been amended to require that copies of the materials used by the Illinois Department of Children and Family Services, in their investigation of the death or life-threatening injury of a child, be provided in their report. 325 ILCS 5/4.2.

New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089

March
2013
Illinois Law Update
Page 124
The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).

Court Approval of Minors’ Settlements

By Hon. Ron Spears
November
2012
Column
Page 613
Should judicial approval be required for even small damage awards for minors?

“Neglected child” definition expanded and “blatant disregard” defined. PA 097-0803

November
2012
Illinois Law Update
Page 580
Illinois lawmakers have amended section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3.

Radon testing required at least once every three years in day care centers. PA 097-0981

November
2012
Illinois Law Update
Page 580
Illinois 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 097-0711

September
2012
Illinois Law Update
Page 464
In 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.

New bill eases substitute visitation for servicemembers; “visitation abuse” bill defeated

By Helen W. Gunnarsson
December
2011
LawPulse
Page 604
A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.

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