Dual Roles in Illinois Child-Welfare Proceedings: Detailed Analysis of In re E.L. and In re D.S.By Pedram HossChild Law, May 2026By focusing on In re E.L. and examining related cases, it is clear that Illinois courts approve dual representation when the attorney’s advocacy aligns with the child’s best interests and no concrete conflict exists. Courts and practitioners should continue to evaluate each case individually, ensuring that representation remains faithful to the child’s welfare and grounded in statutory authority and judicial precedent.
Rethinking Voluntary Termination of Parental Rights in Illinois: A Call for Reform to Reflect Modern Family RealitiesBy Mollie PeskindChild Law, May 2026As the law currently stands, Illinois courts cannot terminate a parent’s rights, whether voluntarily or involuntarily, unless there is an adoptive parent prepared to assume the legal and financial responsibilities for the child under the Illinois Adoption Act, or the child is adjudicated a ward of the state pursuant to the Juvenile Court Act. These two pathways, while well-intentioned, fail to account for situations in which a parent is clearly unfit under existing statutory standards, yet no suitable adoptive placement exists, and the circumstances do not warrant state intervention through a wardship proceeding.
Terminating Guardianship & Returning the Child to a Parent: Reconciling Best Interests With the Parental PresumptionBy Sean McCumberChild Law, May 2026Guardianship of a minor under the Illinois Probate Act is frequently born of crisis. What guardianship is not, however, is a termination of parental rights. It is a protective device, designed to ensure that a child has someone legally able to act on the child’s behalf. Yet, when the parent stabilizes and seeks to terminate the guardianship, the legal terrain can become far more complex than the statute’s language might suggest. There is not just an automatic return home.
When and How to Seek Guardianship of a Minor in IllinoisBy Sean EndresChild Law, May 2026Deciding whether to seek guardianship for a minor can range from straightforward to deeply emotional. In some cases, guardianship is pursued for a limited, practical reason, such as enabling a minor to receive funds from a probate estate or personal injury settlement. In others, it involves difficult questions about a child’s care, safety, and long-term well-being when parents are unavailable or unable to provide proper care.
Lessons From Child First Approach in Northern IrelandBy Kelly CassidyChild Law, March 2026The juvenile justice system of the United States could take cues from other countries to better align with the United Nations Compact on the Rights of the Child. This article offers a reflection of society after an exploration of Northern Ireland's approach to children in conflict with the law.
Meet Hon. Kathryn Maloney Vahey, the New Deputy Presiding in the Juvenile Justice Division in Cook CountyBy Elizabeth ClarkeChild Law, March 2026The goal of the new Deputy Presiding Judge in the Juvenile Justice Division of Cook County is to create a model system with a culture rooted in positive outcomes, change policies and practices in the JTDC, speed up the processing and release of children in short-term detention stays, and address the need for new leadership.
Family vs. Fosters: When Competing Adoption Petitions Create Court ConundrumsBy Sean McCumberChild Law, February 2026In a situation where the child has been under the care of the Department of Children and Family Services for over two years, with loving foster parents, what happens when the foster parents file an adoption petition and a family member immediately, but subsequently, files their own adoption petition? This query causes problems and raises many questions over what the court should do.
The “Scarlet-I”: When Indication Becomes a MarkBy Amanda VeselyChild Law, February 2026An analysis of the Illinois Department of Children and Family Services’ Allegation #60: Branding parents or caregivers for what might have happened rather than what did. Child protection and due process can coexist, but only if risk is measured with restraint, evidence, and fairness.
Benefits of Intervention in Child Abuse and NeglectBy Jessica N. HudspethChild Law, April 2025Intervention in cases of child abuse and neglect can have an immeasurable impact on the child’s life. Early intervention in these cases provides the most benefit to not only the child but also their parents and/or caregivers. Early intervention could very well prevent immediate effects, such as aggression and behavior issues, from transitioning into juvenile delinquency.
DCFS Should Be Aware of Reactive Attachment DisorderBy Alan NovickChild Law, April 2025Reactive Attachment Disorder (RAD) is a complex mental health condition that primarily affects children who have experienced significant neglect, abuse, or trauma in their early years. It is characterized by a consistent pattern of inhibited, emotionally withdrawn behavior toward adult caregivers, manifested by the child rarely or minimally seeking comfort or minimally responding to comfort when distressed.
Editor’s CommentBy Judge Bob Anderson, (ret.)Child Law, April 2025An introduction to the first half of the issue from Newsletter Co-Editor Retired Judge Bob Anderson.
A Focus on Children’s RightsBy Elizabeth Clarke & Bridget SchottChild Law, April 2025An introduction to the second half of the issue from Newsletter Co-Editors Elizabeth Clarke and Bridget Schott.
People vs. Bias: Discretionary Juvenile Transfer and the Importance of HistoryBy Judge Chad S. BeckettChild Law, April 2025On the afternoon of November 17, 2021, outside Springfield’s Lamphier High School, a troubled 15-year-old female student stabbed two older teenage males as they boarded a bus home, wounding one and killing the other. Judge Beckett's article dives into the Fourth District Appellate Court's reversal in the Bias case. Bias is a cautionary tale for judges and juvenile justice partners as they make future decisions in extraordinary juvenile cases.
A Positive Outlook for the Child Welfare System: Proposed Bill Would Require Human Trafficking Training for State’s Attorneys and Child Welfare WorkersBy Jessica VisageChild Law, April 2025The Illinois Statewide Trauma-Informed Response to Human Trafficking Act was introduced to the Illinois 104th General Assembly. If adopted, it would require a number of different agencies to develop human trafficking training for their employees. SB2323 would require “trauma-informed human trafficking training for caseworkers, treatment providers, investigators, foster parents, and residential home personnel” and would require training on human trafficking and trauma-informed response for State’s Attorneys.
Reunification Therapy and How It Can Be Used to Help ChildrenBy Sean P. SullivanChild Law, April 2025It is the responsibility of attorneys looking to practice family law or become GAL’s to become familiar with the basics of child psychology and the various therapeutic approaches that can be utilized to help children in difficult or dangerous environments, like the unhealthy environment that prolonged separation from a parent can cause. Unfortunately, a situation that experienced family law practitioners and GAL’s face all too often. Reunification therapy is a therapeutic approach that is specifically designed to combat this very issue.
Family Law Meets Immigration LawBy Kathy JaraChild Law, June 2024In 1990 Congress created a new form of humanitarian relief for immigrant children, known as Special Immigrant Juvenile Status. Since its inception, the requirements have modified and expanded.
Guardianships vs. Adoptions of Minors in IllinoisBy Deanna HoytChild Law, June 2024While both guardianships and adoptions can give parties the right to the care, custody, and control of minor children, they have different legal standards and legal consequences.
Parenting and Alcohol AddictionBy January StramagliaChild Law, June 2024In Hines v. Lozano, the court refines and affirms its ability to restrict parenting time based upon alcohol or drug addiction.
Parenting Coordinators and Rule 909By Anna Aguilar & Erin WilsonChild Law, June 2024As defined by Illinois Supreme Court Rule 909(b), a parenting coordinator is for coparents who are unable or unwilling to cooperate in making parenting decisions, communicate effectively with regards to issues involving their children, implement and comply with parenting agreements and orders, or shield their children from the impact of parental conflict.
Restrictions on Parenting Time: How the Court Protects Children from Serious EndangermentBy Dayna L. PerlutChild Law, June 2024Before a court can put a restriction on a parent’s parenting time, the court must conduct a hearing and at that hearing find by a preponderance of the evidence that a parent engaged in conduct that seriously endangered the child’s mental, moral or physical health or that significantly impaired the child’s emotional development.
New Law Supports Recovery for Youth Trafficking SurvivorsBy Tayler MatthewsHuman and Civil Rights, May 2024A new law, Public Act 103-0191, follows federal sentencing reform efforts to amend the unfair sentencing practices that impact criminalized youth trafficking survivors.
