Publications

Section Newsletter Articles on Child Law

The Indian Child Welfare Act: No clear Illinois guidance By Lisa Giese and Lindsay Michelle Jurgensen Racial and Ethnic Minorities and the Law, May 2016 It is crucial for Native American families, attorneys, and courts to understand the nuances of ICWA and its applicability in order to navigate child custody proceedings involving children of Native American descent.
The Indian Child Welfare Act: No clear Illinois guidance By Lisa Giese and Lindsay Michelle Jurgensen Child Law, March 2016 It is crucial for Native American families, attorneys, and courts to understand the nuances of ICWA and its applicability in order to navigate child custody proceedings involving children of Native American descent.
Proposed bill may provide future remedy in aftermath of embryo dispute By Bradford L. Bennett Child Law, March 2016 HB 6273 seeks to provide guidance with the legal complexities commonplace for those using assisted reproductive technology as exemplified in Szafranski v. Dunston.
Time to protect children during interrogation By Elizabeth E. Clarke Child Law, March 2016 In this year, the 50th anniversary of Miranda, it’s time to acknowledge that children are incapable of “exercising their Miranda right” so the right to counsel must be automatic.
Legislative update – Juvenile justice reforms take effect Jan 1, 2016 Child Law, December 2015 New laws taking effect on January 1st that are of interest to child law practitioners.
Movement to raise the age of juvenile court to 21 By Elizabeth E. Clarke Child Law, December 2015 A new report, introduced by U.S. Assistant Attorney General Karol Mason, the report, Community-Based Responses to Justice Involved Young Adults, recommends raising the age of juvenile court to 21.
When can parents leave their children alone? By Diane L. Redleaf and Angela Peters Child Law, December 2015 The current law and policy on the question of what constitutes “inadequate supervision” is, quite frankly, a mess. In Illinois, there are at least four different legal standards at play in Illinois’ intersecting criminal, juvenile court and governing child welfare reporting and investigations law.
When can parents leave their children alone? By Diane L. Redleaf and Angela Peters Family Law, November 2015 The current law and policy on the question of what constitutes “inadequate supervision” is, quite frankly, a mess. In Illinois, there are at least four different legal standards at play in Illinois’ intersecting criminal, juvenile court and governing child welfare reporting and investigations law.
CASA—Volunteers and training Child Law, September 2015 As CASA in Illinois continues to grow to meet the needs of abused and neglected children, more volunteers as well as more professionals willing to share their talents to train volunteers are needed. To learn more about CASA in Illinois, please visit www.illinoiscasa.org.
Public Act 98-084—Makes technical corrections to the definitions in the Adoption Act and the Child Care Act and to expand venue options By Linda S. Coon Child Law, January 2015 Details of this new legislation and how it affects existing statutes.
Assessing children’s forensic interview statements By Amy Russell Child Law, March 2013 A discussion of several elements that might assist in assessing the internal reliability of a child’s interview statements.
Casenote: In re A.P. and J.P. , 2012 IL 113875 By Kimberly L. Dahlen Child Law, March 2013 The Illinois Supreme Court unanimously affirmed the appellate court’s decision to reverse the circuit court's finding.
Navigating Juvenile Court By Bridget L. Schott Child Law, March 2013 An overview of juvenile law, for those attorneys who may be unfamiliar.
Child custody and military families By Catherine M. Ryan Child Law, September 2012 Caring, competent parents should not lose custody of their children because they answer the call of their country.
Adoption code changes affecting access to birth certificates By Kimberly L. Dahlen and Ayla N. Ellison Child Law, August 2011 Beginning November 15, 2011, any adopted adult or surrendered person, who was born in Illinois on or after January 1, 1946, may complete and file a request for a non-certified copy of an original birth certificate.
Recent adoption legislation By Linda S. Coon Child Law, August 2011 Read about the recent legislation that amends the Illinois Adoption Act.
Child sex exploitation study probes extent of victimization in Illinois By Jessica Ashley Women and the Law, June 2008 The commercial sexual exploitation of children in the United States, often referred to as “modern day slavery,” is a multi-million-dollar industry supported by revenue from prostitution and pornography.
Legislation-Passed bills By Steve Baker Child Law, June 2008 The following are summaries of new legislation in Illinois affecting the practice of criminal law. As these are summaries only, the Public Act should be reviewed before reliance.
Best practices for private attorneys defending female juveniles, or, The top 10 tips for juvie attorneys By Mary F. Petruchius Women and the Law, January 2008 In 30-some words or less, could you explain the approach the attorney should take in representing a juvenile client?
IDEA 2004 embraces broader mandate for evaluation, eligibility and FAPE By Matthew Cohen Child Law, September 2007 IDEA 2004 contained sweeping new language regarding the scope of evaluation, the considerations for eligibility and for programming.
Child law legislation By Steve Baker Child Law, June 2007 Legislation of interest to child law practitioners.
Changes to impartial due process hearings for children with disabilities By Gail Friedman Child Law, March 2007 Public Law PA 94-1100, amending and changing sections of the School Code pertaining to children with disabilities, was signed into law by Governor Rod Blagojevich on February 2, 2007.
Creating a collaborative atmosphere: Child Representatives, guardians-ad-litem, and attorneys for children By Ralla Klepak Child Law, December 2006 Children require and are entitled to quality representation by lawyers who are diligent, competent, insightful, and vigorous in their respective roles as advocates for the voiceless.
Overview of DCFS investigations By Janet Wukus Ahern Child Law, December 2006 This year over 70,000 people will call the Department of Children and Family Services hotline to report suspected abuse or neglect of a child.
Practice tips: Interviewing techniques for young children By Kathryn Bischoff Child Law, December 2006 At the recent guardianship seminar sponsored by this section council one of the participants suggested additional training that would include interviewing techniques for children.
Dupuy v. Samuels (DCFS Director), re DCFS safety plans case report By Angela Peters Women and the Law, June 2006 Entire families, including mothers, fathers, children, siblings, aunts, uncles, grandparents, male and females of any description are possible persons who can be affected by DCFS safety plans.
The Illinois Supreme Court has applied the Parent Child Immunity Doctrine to foster parents and private corporate child care facilities reaching opposite conclusions By Jerrold R. Beger Tort Law, June 2006 In two recent decisions the Illinois Supreme Court has applied the parent child immunity doctrine with opposing outcomes as to foster parents and private child care facilities.
Assessing disproportionate minority contact with the Illinois juvenile justice system By Phillip Stevenson Child Law, March 2006 Minority youth are very much in the majority when it comes to being arrested and incarcerated, according to an assessment of minority overrepresentation in Illinois’ juvenile justice system.
Concerns about voluntariness and reliability of juvenile confessions led to new law on recording By John Gleason Child Law, July 2005 Section 5-401.5 of the Juvenile Court Act encourages, and in a sense requires, police and prosecutors to audiotape or videotape their custodial interrogations of juveniles in homicide and sex-crime cases.
Juvenile Court Benchmark Hearings “A local strategy for a national problem” By Hon. Patricia Holmes Racial and Ethnic Minorities and the Law, June 2005 Thousands of children across the country have been found to be abused or neglected and are placed in foster care on a yearly basis.