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Illinois Bar Journal

 

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Articles on Parental Rights

Grandparents’ visitation; splitting the baby four ways? By Helen W. Gunnarsson October 2001 LawPulse, Page 510 Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.
Trial court has the authority under the Juvenile Court Act to order state’s attorney to prosecute a petition to terminate parental rights September 2001 Illinois Law Update, Page 454 On June 21, 2001, the Illinois Supreme Court affirmed the lower court's holding that the trial court had the authority under the Juvenile Court Act to order the state's attorney to prosecute a petition to terminate parental rights, after establishing permanency goal.
Where there is no allegation of unfitness, the statutory provision allowing grandparent visitation interferes with a mother’s fundamental right to make decisions about the care and custody of her children September 2001 Illinois Law Update, Page 454 On July 6, 2001, the Appellate Court of Illinois, Third District, reversed the lower court's order awarding grandparent visitation to Brent and Rita Langman, the paternal grandparents of children whose father had died while married to their mother, Amy Langman.
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.
Void-for-vagueness doctrine applied in adoptions context; section 1(D)(h) of the Adoption Act permitting termination of parental rights found unconstitutionally vague July 2001 Illinois Law Update, Page 342 On April 13, 2001, the Appellate Court of Illinois, Fourth District, applied the void-for-vagueness doctrine to a constitutional analysis of section 1(D)(h) of the Adoption Act, 750 ILCS 50/1 (D)(h).
A finding of parental unfitness resulting in termination of parental rights must be based on conduct that occurred during the statutorily prescribed time periods February 2001 Illinois Law Update, Page 60 On November 22, 2000, the Fourth District of the Appellate Court of Illinois vacated and remanded the trial court's judgment that granted the state's petition to terminate respondent Christopher Fleming's parental rights.
Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights By David N. Schaffer February 2001 Article, Page 74 An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.
Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state’s interference with fundamental parental rights December 2000 Illinois Law Update, Page 690 On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:
The Lawyer’s Journal By Bonnie C. McGrath December 2000 Column, Page 686 Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.
Drug abusers may lose children; P.A. 91-802 August 2000 Illinois Law Update, Page 438 Beginning next year, more unfit parents may begin losing custody of their children.
The Lawyer’s Journal By Bonnie C. McGrath July 2000 Column, Page 378 Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.
When determining the fitness of a parent, the court can only consider evidence of actions occurring within 12 months from the date in which the court finds the abused, or a dependent May 2000 Illinois Law Update, Page 252 On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's finding that D.L.'s mother was unfit pursuant to section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29).
The Lawyer’s Journal By Bonnie McGrath December 1999 Column, Page 632 One new rule clarifies notice-of-appeal filings in criminal cases...
Representing Grandparents Who Raise Grandchildren: An Overview of Illinois Law By Susan Dawson-Tibbits September 1999 Article, Page 468 This article highlights various Illinois statutes that give grandparents legal authority to make decisions affecting their grandchildren.