Child Law

In re D.B.

In re D.B.
Illinois Appellate Court
Civil Court
Neglect
Citation
Case Number: 
2023 IL App (1st) 230059
Decision Date: 
Tuesday, September 12, 2023
District: 
1st Dist.
Division/County: 
2d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
COBBS

Respondent appealed from a trial court order finding that her minor child was neglected and awarding guardianship to DCFS. Respondent argued that the trial court’s findings of neglect were against the manifest weight of the evidence and that the court should have instead made a finding of no-fault dependency. The appellate court affirmed, concluding that the trial court’s findings of neglect were not against the manifest weight of the evidence where respondent did not take corrective action to improve her relationship with her child or his living situation and that it was not persuaded that the trial court should have made a finding of no-fault dependency under the circumstances. (FITZGERALD SMITH and HOWSE, concurring)

In re Emma L.

In re Emma L.
Illinois Appellate Court
Civil Court
Due Process
Citation
Case Number: 
2023 IL App (5th) 230138
Decision Date: 
Tuesday, August 8, 2023
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Orders vacated and remanded.
Justice: 
VAUGHAN

Respondent appealed from an order of the trial court finding him an abuser and unfit to care for his minor child, arguing that the trial court’s findings violated his due process rights and were against the manifest weight of the evidence. The appellate court vacated the trial courts orders and remanded, finding that respondent’s due process rights were violated when the trial court dismissed the charges of abuse at the conclusion of an adjudicatory hearing but did not then discharge the minor to the respondent in contravention of statutory law and that the trial court erred when it did not hold a hearing on the dismissal to determine if it was in the minor’s best interest. (BOIE and MOORE,, concurring)

In re Jeh. R.

In re Jeh. R.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2023 IL App (1st) 230006
Decision Date: 
Wednesday, August 2, 2023
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Affirmed.
Justice: 
McBRIDE

Respondent filed an appeal challenging a trial court order finding that her minor daughters were neglected due to an injurious environment. The appellate court affirmed, finding that, contrary to respondent’s argument, previous statements alleging abuse and neglect that were made by the minor children were corroborated by additional evidence in the record. (REYES and D.B. WALKER, concurring)

Public Act 103-118

Topic: 
Underage drinking cause of action

(Hammond, R-Macomb; Gillespie, D-Arlington Heights) amends the Drug or Alcohol Impaired Minor Responsibility Act to expand liability to any adult who willfully permits consumption of liquor or illegal drugs to a person under the age of 18 causing impairment on any premises owned or controlled by the adult. Current law limits liability to nonresidential premises. Effective Jan. 1, 2024. 

View Full Text of Legislation

Public Act 103-126

Topic: 
GALs in family law cases

(Costa-Howard, D-Lombard; Halpin, D-Rock Island) amends the guardian ad litem statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of guardian ad litem. These changes are as follows: (1) Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent going to trial and having a “surprise” GAL recommendation at trial with no writing provided in advance. (2) It also states that the report or recommendations are to be admitted into evidence without the need for any foundation. (3) Allows the GAL, at the discretion of the court, to: (a) be present for all proceedings, including in-camera examinations of the child; (b) issue subpoenas for records as part of his or her investigation; and (c) file pleadings relating to procedural matters. Effective Jan. 1, 2024. 

View Full Text of Legislation

In re Cal E.

In re Cal E.
Illinois Appellate Court
Civil Court
Indian Child Welfare Act
Citation
Case Number: 
2023 IL App (4th) 220930
Decision Date: 
Friday, June 16, 2023
District: 
4th Dist.
Division/County: 
Carroll Co.
Holding: 
Reversed and remanded.
Justice: 
STEIGMANN

In a case involving minors whose biological mother was a member of a native tribe located in Alaska, the trial court granted a motion to transfer filed by the tribe under the Indian Child Welfare Act. The biological parents objected to the transfer, but died before the hearing on the motion. The foster parents filed a motion to intervene and to stay the order. The trial court denied the foster parents’ motion but stayed the transfer pending appeal. The appellate court reversed and remanded, concluding that the trial court erred when it found that the foster parents lacked standing to intervene and when it found that their death rendered the parents’ written objection to the transfer of jurisdiction a nullity. (HARRIS and DOHERTY, concurring)

In re H.C.

In re H.C.
Illinois Appellate Court
Civil Court
Adjudication of Wardship
Citation
Case Number: 
2023 IL App (1st) 220881
Decision Date: 
Thursday, June 8, 2023
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN

Respondent appealed from a trial court finding that the respondent’s minor children were abused and neglected under the Juvenile Court Act and ordering that two of her children be placed with DCFS and a third child placed with their biological father. The appellate court reversed and remanded, finding that the trial court committed reversable error where additional discovery, including more than 18,000 pages of medical records, was disclosed during the hearing on wardship and that respondent’s counsel was deficient when he failed to object to the late disclosure. (HOFFMAN and MARTIN, concurring)

House Bill 3425

Topic: 
Bullying

(Croke, D-Chicago; Feigenholtz, D-Chicago) amends the School Code provisions to include in the definition of bullying to include bullying based on physical appearance, socioeconomic status, academic status, pregnancy, parenting status, and homelessness. Requires that a school district’s bullying prevention policy must include procedures for informing parents or guardians of all students involved in the alleged incident of bullying within 24 hours after the school’s administration is made aware of the incident. Requires that all individual instances of bullying, as well as all threats, suggestions, or instances of self-harm be reported to the parents or legal guardians of those involved under the guidelines provided. Passed both chambers. 

View Full Text of Legislation

House Bill 1555

Topic: 
GALs in the IMDMA

(Costa-Howard, D-Lombard; Halpin, D-Rock Island) amends the guardian ad litem statute in the Illinois Marriage and Dissolution of Marriage Act to clarify and resolve issues with the duties of guardian ad litem. These changes are as follows:  (1) Requiring a written report or recommendations not less than 30 days before a final hearing or trial unless the court directs otherwise. It also allows the judge to direct that the GAL propose an allocation order in addition to the written report or recommendations. This is to prevent going to trial and having a “surprise” GAL recommendation at trial with no writing provided in advance. 
(2) It also states that the report or recommendations are to be admitted into evidence without the need for any foundation. 
(3) Allows the GAL, at the discretion of the court, to: (a) be present for all proceedings, including in-camera examinations of the child;
(b) issue subpoenas for records as part of his or her investigation; and 
(c) file pleadings relating to procedural matters. 

Passed both chambers. 
 

View Full Text of Legislation

A Balancing Act

By Katharine Pancewicz
June
2023
Article
, Page 34
Corporal punishment of minors in Illinois: What’s excessive and what happens when the interests of parents and children compete?