Publications

Articles on Child Protection

New warning requirements for child-related articles and jewelry containing lead. PA 097-0612.

November
2011
Illinois Law Update
Page 556
The Lead Poisoning Prevention Act has been amended to (i) narrow its definition of child care articles and toys containing paint, (ii) change the minimum statement required to appear on children's products, and (iii) define body piercing jewelry and worn jewelry covered by the Act (410 ILCS 45/6).

Schools may suspend or expel students for gross disobedience or misconduct committed online. PA 097-0340.

November
2011
Illinois Law Update
Page 556
Illinois lawmakers have amended the School Code to enable school boards to suspend or expel students for committing gross disobedience or misconduct using electronic means. (105 ILCS 5/10-22.6).

Absolute immunity for child reps

By Helen W. Gunnarsson
October
2011
LawPulse
Page 490
Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.

DCFS may not employ sexually dangerous persons. PA 097-0103

October
2011
Illinois Law Update
Page 496
The Children and Family Services Act has been amended to prohibit the Department of Children and Family Services from employing sexually dangerous persons.

Amendments clarify and define standards for abuse and neglect of children

May
2011
Illinois Law Update
Page 228
The Department of Children and Family Services (department) recently amended regulations to address federal guidelines established under the Child Abuse Prevention Treatment Act.

Child Murderer and Violent Offender Against Youth Registration Act offenses expanded. PA 096-1294

April
2011
Illinois Law Update
Page 180
Illinois lawmakers recently expanded the offenses covered by the Child Murderer and Violent Offender Against Youth Registration Act.

Juvenile Court Act gives court authority to determine independent basis of abuse or neglect

April
2011
Illinois Law Update
Page 180
On 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).

Illinois adopts rules to improve the quality of youth group homes

July
2010
Illinois Law Update
Page 348
The Department of Children and Family Services adopted amended rules to improve the care and quality of life for children housed at group homes.

Cross reporting encouraged between Animal Control and the Department of Children and Family Services. PA 096-0494

May
2010
Illinois Law Update
Page 236
Illinois lawmakers amended multiple Acts with the aim of facilitating cross-reporting between those charged with investigating possible animal and child abuse and neglect violations.

No statute of limitation for child pornography cases.

March
2010
Illinois Law Update
Page 128
Illinois lawmakers amended the Criminal Code of 1961 to allow prosecution of child pornography offenses to be undertaken "at any time."  

Illinois amends standards for foster family homes

October
2009
Illinois Law Update
Page 496
The Illinois Department of Children and Family Services amended its standards for foster family homes.

A Critical Look at the Shaken Baby Syndrome

By Roger H. Kelly and Zachary M. Bravos
April
2009
Article
Page 200
Recent research shows that factors other than abuse may be the cause of damage thought to result from shaking, the authors argue.

Criminal Code creates “grooming” and “traveling to meet a minor” offenses. PA 095-0901

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Criminal Code of 1961 to include two new related offenses: "grooming" and "traveling to meet a minor." 720 ILCS 5/11-25, 11-26. 

Sale of Tobacco to Minors Act amended. PA 095-0905

November
2008
Illinois Law Update
Page 554
Illinois lawmakers amended the Sale of Tobacco to Minors Act by prohibiting the sale of "loose" cigarettes "not contained within a sealed container" to minors, and making it a crime for minors to use false identification to obtain cigarettes and other tobacco products. 720 ILCS 675/1.

Criminal Code of 1961 amended. PA 095-0849

October
2008
Illinois Law Update
Page 504
Effective January 1, 2009, the Criminal Code of 1961 is revised by adding a Cyber-bullying Law which provides penalties for harassment through electronic communication mediums. 720 ILCS 5/12-7.5. 

You’ve been appointed GAL-now what?

By Helen W. Gunnarsson
September
2008
LawPulse
Page 438
Might you be a minor child's court appointed guardian ad litem? If so, here are some pointers from a colleague who's been there.

New restrictions on the availability of confidential information to caregivers

July
2008
Illinois Law Update
Page 340
The Department of Children and Family Services (DCFS), amended 89 Ill Adm Code 431, which deals with the disclosure of foster children's confidential information. 

Adult DUI offenders who transport minors - what is the law?

By Helen W. Gunnarsson
February
2008
LawPulse
Page 66
A recent Journal article inspires a debate about whether the statute it discussed is still in effect and a call for the legislature to clear up the confusion.

Duration of registration for Sex Offenders and Violent Offenders against Youth amended. PA 095-0169

February
2008
Illinois Law Update
Page 72
The Illinois General Assembly mandates that the Illinois State Police maintain a statewide Sex Offender Database (730 ILCS 152/115 (a)-(b)) and Child Murderer and Violent Offender Against Youth Database ((730 ILCS 154/85 (a)-(b)). 

Missing Persons Identification Act created. PA 095-0192

February
2008
Illinois Law Update
Page 72
Act provides law enforcement guidelines and requires all law enforcement agencies to accept "without delay" any report of a missing person.

Permanency Planning: Protecting Children from the Loss of Their Parents

By Sarah Unsicker
December
2007
Article
Page 656
How can Illinois parents plan for the possibility that they will die or otherwise not be there for their children? This article reviews the options.

Definition of neglected child expanded. PA 095-0443

November
2007
Illinois Law Update
Page 576
The Illinois General Assembly has amended Section 3 of the Abused and Neglected Child Reporting Act. 325 ILCS 5/3. 

Terminating Guardianships and Returning Children to Parents: Pitfalls and Possibilities

By Julie M. Harcum
October
2007
Article
Page 542
Is it enough that a parent is "fit, willing, and able," or may a child be returned only if doing so serves his or her "best interest"?

So you wanna be a child rep…?

By Helen W. Gunnarsson
July
2007
LawPulse
Page 342
How do you get appointed? How much can you earn? What about appointees who don't do the job?

New rules promulgated regarding Indian Child Welfare Services

June
2007
Illinois Law Update
Page 292
The Illinois Department of Children and Family Services has repealed the previous version of 89 Ill Adm Code 307 and has added new sections that now comprise part 307 of title 89. 

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. 

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