Publications

Articles on Child Protection

Child Curfew Act amended - PA 093-1092

June
2005
Illinois Law Update
Page 280
On March 29, 2005, the Illinois legislature amended The Child Curfew Act, 720 ILCS 555, and adopted precise definitions confining the activities of youth outside the home to specified time parameters, while recognizing viable defenses to violations and guiding actions of enforcement.

Day care centers must notify parents when pesticides applied

June
2005
Illinois Law Update
Page 280
The Illinois Department of Children and Family Services has amended 89 Ill Adm Code 407. 

Requirements outlined to activate the AMBER Alert Notification Plan

March
2005
Illinois Law Update
Page 116
The Illinois State Police recently adopted 20 Ill Adm Code 1292.30, effective on November 24, 2004.

Reporting Child Abuse and Neglect: Good Faith Immunity for Health Care Providers

By Theodore R. LeBlang
July
2004
Article
Page 356
A look at how recent cases have construed the nature and scope of the immunity.

Amendments Adopted by Department of Children and Family Services

March
2004
Illinois Law Update
Page 124
The Department of Children and Family Services recently amended 89 Ill. Adm. Code 431. 

When DCFS Knocks: Representing a Client Accused of Child Abuse or Neglect

By David N. Schaffer
January
2004
Article
Page 26
How to review the DCFS investigative file, appeal an indicated finding, conduct discovery, and prepare for the administrative review hearing.

Hospital was not entitled to good faith presumption for reporters of child abuse under the Abused and Neglected Child Reporting Act because its actions constituted investigation

December
2003
Illinois Law Update
Page 600
On September 15, 2003, the Appellate Court of Illinois, First District, reversed the order of the Circuit Court of Cook County dismissing the plaintiff's action against a hospital for false imprisonment, intentional infliction of emotional distress, and damages. 

Changes in place for reporting of child abuse

September
2003
Illinois Law Update
Page 436
The Illinois Department of Children and Family Services recently adopted amendments related to the reporting of child abuse and neglect.

When credible-evidence standard used to determine whether finding of abuse indicated under 325 ILCS 5/1 et seq., administrative appeal must be under preponderance-of-evidence standard

February
2003
Illinois Law Update
Page 62
On November 20, 2002, the Appellate Court of Illinois, Fourth District, affirmed the order of the circuit court of Champaign County reversing the decision made on administrative appeal.

Child abduction statute and jury instructions did not require jury to consider mother’s knowledge of child’s whereabouts in determining father’s guilt; trial court did not abuse discretion in not providing jury with common definition of word “concealed”

January
2003
Illinois Law Update
Page 14
On October 22, 2002, the Appellate Court of Illinois, First District, affirmed the order of the circuit court of Cook County convicting the defendant of child abduction.

Legislation requires members of clergy to report sexual abuse of children under Abused and Neglected Child Reporting Act P.A. 92-0801

January
2003
Illinois Law Update
Page 14
On August 16, 2002, Gov. George H. Ryan signed into law House Bill 5002, which amends the Abused and Neglected Child Reporting Act (ANCRA) and the Criminal Code of 1961.

Section 2-6.5 of Probate Act requires trial court to first find that parent satisfies one criteria for misconduct and then determine what effect that misconduct had before reducing parent’s interest in child’s estate

January
2003
Illinois Law Update
Page 14
On October 15, 2002, the Appellate Court of Illinois, First District, reversed in part and reversed and remanded in part the order of the circuit court of Cook County entering an adjudication of parental neglect pursuant to section 2-6.5 of the Probate Act.

Bill would require clergy to report abuse

By Helen W. Gunnarsson
August
2002
LawPulse
Page 392
HB 5002 would add clergy to the list of required reporters under the Abused and Neglected Child Reporting Act.

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.

New review process created for foster parents

July
2002
Illinois Law Update
Page 344
On June 1, 2002, the Department of Children and Family Services (department) amended section 337 of the Illinois Administrative Code. 89 Ill Adm Code 337.

Behavior treatment in residential child care facilities

June
2002
Illinois Law Update
Page 288
On March 15, 2002, the Illinois Department of Children and Family Services (department) adopted amendments to section 384 of the Illinois Administrative Code. 89 Ill Adm Code 384.

Legislation makes changes to child abuse reporting laws P.A. 92-0319 and P.A. 92-0295

May
2002
Illinois Law Update
Page 232
In August 2001, Gov. Ryan approved two pieces of legislation amending the Abused and Neglected Child Reporting Act and Illinois School Student Records Act.

New guidelines adopted for school discipline

April
2002
Illinois Law Update
Page 176
On January 16, 2002, the State Board of Education (board) adopted amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.

Parents may be jailed for leaving child alone in a car P.A. 92-515

March
2002
Illinois Law Update
Page 120
Beginning June 1, 2002, parents may be subject to up to a year in jail or a $2,500 fine if they leave a child unattended in a car for an extended period of time.

Correspondence from Our Readers

January
2002
Column
Page 6
Those clients from hell.

Definitions and disclosure amended

December
2001
Illinois Law Update
Page 624
On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments and additions to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.

Legislation clarifies that failure to vaccinate a child for religious or medical reasons is not neglect or abuse; P.A. 92-375

December
2001
Illinois Law Update
Page 624
In August, Gov. Ryan signed into law Senate Bill 1305, which amends the Adoption Act to clarify that a parent's failure to vaccinate a child due to religious or medical reasons, allowed by law, does not constitute child neglect or abuse.

New report allegation

December
2001
Illinois Law Update
Page 624
On October 1, 2001, the Illinois Department of Children and Family Services (department) adopted an amendment to section 300 of the Illinois Administrative Code. 89 Ill Adm Code 300.

Legislation increases fines for violations of Child Passenger Protection Act; P.A. 92-173

November
2001
Illinois Law Update
Page 568
In addition to signing Senate Bill 98 requiring drivers to ensure that seat belts are used for children under 16, Gov. Ryan signed Senate Bill 403.

Legislation requires drivers to ensure that passengers younger than 16 use seat belts or restraint systems; P.A. 92-171

November
2001
Illinois Law Update
Page 568
In late July, Gov. Ryan signed into law Senate Bill 98, which amends the Child Passenger Protection Act. The new legislation requires drivers to ensure all passengers four years of age or older, but under 16, are secured by either seat belts or restraint systems in a vehicle.

Placement clearance

November
2001
Illinois Law Update
Page 568
On September 14, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 301 of the Illinois Administrative Code. 89 Ill Adm Code 301.

Courts may notify schools and day-cares of orders of protection for children; P.A. 92-090

September
2001
Illinois Law Update
Page 454
In July, Gov. Ryan signed legislation authorizing courts to notify schools (including public and private schools and colleges and universities) and day-care facilities if a child is the subject of an order of protection.

Understanding the Illinois Child’s Representative Statute

By Carl W. Gilmore
September
2001
Article
Page 458
Find out which of the three options authorized by statute;GAL, child's representative, or attorney for the child;is best for your case.

Reporting unusual incidents

August
2001
Illinois Law Update
Page 398
On June 15, 2001, the Illinois Department of Children and Family Services (department) adopted amendments to section 331 of the Illinois Administrative Code. 89 Ill Adm Code 331.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Pages

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