Publications

Articles on Juvenile Justice

No after-the-fact extension of statute of limitations

By Helen W. Gunnarsson
November
2009
LawPulse
Page 546
The legislature can't revive a time-barred lawsuit by later extending the statute of limitations, the illinois Supreme Court holds.

2009 Spring Session Roundup

By Jim Covington
August
2009
Column
Page 396
A summary of key legislation.

How to represent juveniles

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
Representing a juvenile in a delinquency proceeding means walking “a fine line between defender and ‘best-interest advocate,’” an ISBA author observes.

Juveniles can be required to register as sex offenders

By Helen W. Gunnarsson
July
2009
LawPulse
Page 330
The supreme court held that registration is not punishment and that juveniles can be required to register even though they aren’t entitled to a jury trial on the charges.

Illinois Redeploy Program amended PA 095-1050

June
2009
Illinois Law Update
Page 284
Illinois lawmakers amended section 16.1 of the Probation and Probation Officers Act by inserting and deleting language concerning the "Redeploy Illinois Program." 730 ILCS 110/16.1. 

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.

Juvenile Jurisdiction Task Force considers extending Juvenile Court Jurisdiction to youth age 17. PA 095-1031

April
2009
Illinois Law Update
Page 174
The Illinois General Assembly amended the Juvenile Court Act of 1987 by amending two sections and adding one section. 705 ILCS 405/5-105, 5-120, 5-121.

Act authorizes school districts to release juvenile truancy records. PA 095-1016

March
2009
Illinois Law Update
Page 122
The Illinois General Assembly amended the Illinois Municipal Code by changing Sections 1-2.2-20 and 11-5-9. 65 ILCS 5/1-2.2-20, 11-5-9. 

Changes made to ensure a minor’s access to counsel. PA 095-0846

January
2009
Illinois Law Update
Page 16
Illinois lawmakers amended section 5 of the Juvenile Court Act of 1987 to provide for an accused minor's access to legal counsel.

Statutory change gives right to counsel to juveniles facing detention

By Helen W. Gunnarsson
October
2008
LawPulse
Page 498
 An amendment to the Juvenile Court Act requires that counsel be appointed for a juvenile defendant in custody at or before his or her initial court hearing.

Amendments protect minors’ interests in confidentiality and rehabilitation. PA 095-0123

January
2008
Illinois Law Update
Page 16
Sections 1-7 and 1-8 of the Juvenile Court Act of 1987, have been amended. 705 ILCS 405/1-7, 1-8. 

Station adjustments: not-so-rough justice for kids

By Helen W. Gunnarsson
October
2007
LawPulse
Page 510
For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.

Fitness to Stand Trial in Juvenile Court: The Worst of Both Worlds?

By Karl Menninger and Thomas R. McMahon
June
2007
Article
Page 316
Juveniles unfit to stand trial because of mental illness arguably enjoy neither procedural protection nor better care.

Correspondence from Our Readers

February
2006
Column
Page 58
Juvenile crime - are parents the problem? 

Custodian requirements of Juvenile Court Act of 1987 amended PA 094-0604

November
2005
Illinois Law Update
Page 564
On August 16, 2005, section 2-10 of the Juvenile Court Act of 1987 (705 ILCS 405/1-1 et seq) was modified to provide for more precise standards of conduct in instances where the Department of Children and Family Services (DCFS) is appointed as the temporary custodian of a minor.

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.

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