2004 Articles

Department of Human Services to Implement Model Protocol for State-Operated Facilities; P.A. 93-0636

March
2004
Illinois Law Update
, Page 124
The Mental Health and Developmental Disabilities Act has been amended to require that, no later than January 1, 2005, the Department of Human Services must adopt a model protocol and forms for recording all patient diagnosis, care and treatment at each state-operated facility for the mentally ill and developmentally disabled under the jurisdiction of the department. 

Department of Insurance Simplifies Regulations

May
2004
Illinois Law Update
, Page 242
The Illinois Department of Insurance has simplified regulations regarding the rates charged to motorists with theft deterrent devices in their vehicles. 

Department of Public Health Adopts Changes to Background Check Program

April
2004
Illinois Law Update
, Page 176
The Illinois Department of Public Health recently adopted amendments to 77 Ill Adm Code 220.2800, covering the Health Care Worker Background Check section of the Community-Based Residential Rehabilitation Center Demonstration Program Code.

Despite clear running of both the statute of limitations and statute of repose for attorney malpractice action, attorney was equitably estopped from raising issue of statute of repose

May
2004
Illinois Law Update
, Page 242
On February 6, 2004, the Illinois Appellate Court, Fifth District, reversed the judgment of the Circuit Court of Madison County granting the defendant attorney's motion to dismiss on grounds of the statute of limitations and statute of repose, and remanded for further proceedings. 

Disbursement, within the meaning of section 14 of the Arbitration Act, does not include an award of attorney’s fees

September
2004
Illinois Law Update
, Page 456
On June 14, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's denial of a petition for attorney's fees.

Dormitory sprinkler systems required in all post-secondary educational institutions - P.A. 093-0887

October
2004
Illinois Law Update
, Page 514
Fire sprinkler systems are required in the dormitories of all post-secondary educational institutions by 2013.

The Downsizing, then Supersizing of Medicare’s Super Lien

By Fred Johnson
January
2004
Article
, Page 40
A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.

Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court’s Mandate

By Ronald S. Cope
February
2004
Article
, Page 88
The supreme court recently required broader due-process rights for objectors to zoning decisions. Here's how municipalities can comply.

DUI: the acid-reflux defense

By Helen W. Gunnarsson
November
2004
LawPulse
, Page 562
The high court holds that defendants with acid-reflux disease can raise it as a defense if it causes them to regurgitate during breath-alcohol testing.

Effort to reduce harm caused by methamphetamine heightens retail sales restrictions and employee education P.A. 093-1008

November
2004
Illinois Law Update
, Page 568
Effective January 1, 2005, the Methamphetamine Manufacturing Chemical Retail Sale Control Act will seek to reduce the damage methamphetamine use inflicts upon individuals, their families, communities, the economy, and the environment by making it more difficult to obtain the requisite chemicals for methamphetamine manufacturing.

Ethics overkill?

By Helen W. Gunnarsson
June
2004
LawPulse
, Page 286
The Illinois Municipal League and the Illinois AG offer competing model ethics-in-government ordinances for local governmental bodies.

Evaluation and Treatment Required for Sex Offenders P.A. 093-0616

April
2004
Illinois Law Update
, Page 176
The Sex Offender Management Board Act has been amended to include among the list of sex offenses any felony that is "sexually motivated."

Evidence that reveals a victim’s “prior sexual activity” is rendered inadmissible by the rape shield statute

September
2004
Illinois Law Update
, Page 456
On June 24, 2004, the Illinois Supreme Court reversed an order of the appellate court and affirmed the circuit court's finding that evidence sought to be introduced by the defendant was barred by the rape shield statute.

Exemption for Issuance of Permits to Public Water Supplies

February
2004
Illinois Law Update
, Page 70
The Illinois Commerce Commission recently enacted amendments to 35 Ill. Adm. Code 602. 

Expert’s affidavit establishes prima facie case of medical malpractice

November
2004
Illinois Law Update
, Page 568
On August 17, 2004, the Illinois Appellate Court, Fourth District, affirmed in part and reversed in part the decision of the Circuit Court of Sangamon County that granted the defendant's motion for summary judgment in a medical malpractice action. 

Family limited partnerships get the green light

By Helen W. Gunnarsson
September
2004
LawPulse
, Page 450
This important tax-planning device for farmers and business owners gets a boost from a federal appellate court.

Filmmaker charged under eavesdropping statute

By Helen W. Gunnarsson
November
2004
LawPulse
, Page 562
A filmmaker who taped police without their consent is charged under the Illinois Eavesdropping Statute.

Finding Legal Briefs Online

By Thomas Keefe
July
2004
Column
, Page 373
Someone else's brief can serve as the starting point; maybe even the foundation; for yours. But how do you find one? Here are some possibilities.

A finding of parental unfitness must be specific as to each child

June
2004
Illinois Law Update
, Page 292
On March 18, 2004, the Illinois Supreme Court affirmed the appellate court's reversal of the trial court's finding of unfitness and termination of a mother's parental rights with respect to the youngest of her four children.

FOIA requests for public records must be in writing

September
2004
Illinois Law Update
, Page 456
The Illinois Department of Public Aid recently adopted amendments to 2 Ill Adm Code 1101 effective on July 1, 2004. 

Food Stamps Assistance Program allows for exclusion of child support payments in determining eligibility

October
2004
Illinois Law Update
, Page 514
The Department of Human Services recently adopted amendments to 89 Ill Adm Code 121. 

For purposes of imposing vicarious liability, unless it can be shown that a client directed, controlled, authorized, or ratified the alleged misconduct, an attorney’s alleged tortious conduct may not be imputed to a client

August
2004
Illinois Law Update
, Page 398
On May 20, 2004, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the trial court's grant of summary judgment in favor of the defendants. 

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. 

Found treasure

By Helen W. Gunnarsson
December
2004
LawPulse
, Page 614
Dividends on unclaimed stock belong to the owner, not the state, the supreme court rules.

Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tes

February
2004
Illinois Law Update
, Page 70
On the same day, November 13, 2003, another panel of the Appellate Court of Illinois, Fourth District, decided a similar case in the opposite, affirming the judgment of the Circuit Court of Sangamon County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq. 

Fourth District split on the question of whether psychological evidence based on actuarial tests is admissible in proceedings under the Sexually Violent Criminal Persons Commitment Act without a Frye hearing to determine the validity of such actuarial tes

February
2004
Illinois Law Update
, Page 70
On November 13, 2003, the Appellate Court of Illinois, Fourth District, reversed the judgment of the Circuit Court of Champaign County declaring defendant a sexually violent person under the Sexually Violent Criminal Persons Commitment Act, 725 ILCS 207/1, et seq.

Getting paid, part 1: demand bankruptcy fees up front

By Helen W. Gunnarsson
February
2004
LawPulse
, Page 62
Thanks to a new seventh circuit case, it's more important than ever for attorneys who represent debtors in Chapter 7 to get all of their fees up front.

Getting paid, part 2: A new probate pitfall to avoid

By Helen W. Gunnarsson
February
2004
LawPulse
, Page 62
If your client is seeking payment from an estate, make sure you file a claim with the probate court even if the estate representative knows about the debt; that knowledge might not put the estate on the hook, according to a new appellate court ruling.

Getting Your Research Bearings; Dead Reckoning v the Sextant

By Paul D. Callister
January
2004
Column
, Page 49
Sometimes research still works best with books, and sometimes it works better on the computer. We're still trying to figure out why and when.

Grandparent visitation, take 2

By Helen W. Gunnarsson
September
2004
LawPulse
, Page 450
The legislature passes a new grandparent visitation law, which is designed to cure the defects of its unconstitutional predecessor.