Child Law

House Bill 1414

Topic: 
Grandparents' visitation
(Cavaletto, R-Salem). Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a grandparent may file a petition for reasonable visitation rights to a minor child living in a dual-parent household if there is an unreasonable denial of visitation by a parent and the grandparent has maintained a significant beneficial relationship with the child for a period of 12 months or more immediately preceding the severance of that relationship by the parent. The relationship must have been unreasonably severed by the parent or parents for reasons other than abuse or presence of a danger of substantial harm to the child. Creates a presumption of a significant beneficial relationship arises if: (1) the child resided with the petitioner grandparent for at least six consecutive months with or without the current custodian present during the 12-month period; (2) the petitioner grandparent had frequent or regular contact or visitation with the child throughout the 12-month period; or (3) the petitioner grandparent was the primary caretaker of the child for a period or not less than six consecutive months within the 12-month period. Just introduced and referred to the House Rules Committee. Just introduced and referred to House Rules Committee.

Senate Bill 818

Topic: 
Mental health confidentiality

(Nybo, R-Lombard) amends the Mental Health and Developmental Disabilities Confidentiality Act. It makes records and communications made or created in the course of providing mental health or developmental disabilities services protected from disclosure regardless of whether the records and communications are made or created in the course of a therapeutic relationship. It makes an exception if "unless otherwise expressly provided for in the Act." Just introduced and referred to the Senate Committee on Assignments.

Senate Bill 804

Topic: 
Court-services fee
(Haine, D-Alton) lifts the ceiling for the court-services fee that is now at $25. It can be increased to more than $25 if accompanied by an acceptable cost study per statute. The court-services fee is dedicated to the the county sheriff for court security and applies to civil pleadings and criminal convictions. Just introduced and referred to the Senate Committee on Assignments.

Senate Bill 786

Topic: 
Guardianship of a minor
(Hunter, D-Chicago) amends the Probate Act of 1975. Provides that a guardianship order for a minor governing removal of the minor from the State may incorporate language governing removal of the minor from the State but only for those removals that take place within one year of the order. It must also include a provision for the guardian to provide notice to the parents of the date of removal and the residential address of the minor after removal. Just introduced and referred to the Senate Committee on Assignments.

In re: Austin S.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2015 IL App (4th) 140802
Decision Date: 
Monday, February 9, 2015
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Reversed.
Justice: 
STEIGMANN
County Juvenile Detention Center Treatment Program is "detention", within definition of detention in Section 5-105(5) of Juvenile Court Act. Thus, the Treatment Program's minimum 90-day length violates timing limitations of Section 5-710(1)(a)(v) of Juvenile Court Act. Sentencing Order, entered upon finding that Respondent minor violated terms of his probation, adding condition that minor successfully complete Treatment Program is void, as it violates 30-day limitation for detention under that Section of Act. (POPE and APPLETON, concurring.)

In re S.M.

Illinois Appellate Court
Civil Court
Juvenile Law
Citation
Case Number: 
In re S.M.
Decision Date: 
Wednesday, February 4, 2015
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
WRIGHT
State charged Respondent minor with unlawful possession of a concealable handgun, under Section of Criminal Code which prohibits possession of concealable firearm or handgun for persons under age 18. State failed to present any evidence establishing "age" element of offense. Court erred in taking judicial notice of court record showing court's juvenile jurisdiction attached for matters involving minors under age 18. Court may take judicial notice of facts, sua sponte, only if judge makes clear before evidence is closed was facts and sources are included in sua sponte notice. Minor's unsworn statement of his age during arraignment cannot be used to meet State's burden of proof as to element of age. (LYTTON and O'BRIEN, concurring.)

In re Fatima A.

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2015 IL App (1st) 133258
Decision Date: 
Monday, February 2, 2015
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Circuit court affirmed DCFS's decision upholding denial of specialized foster care services for 3-year-old girl who had multiple severe allergies, severe eczema, and severe medical conditions due to drug exposure in utero. It was not against manifest weight of evidence for ALJ to find that minor's needs were being met even though minor had not yet been able to see a dermatologist. ALJ considered proper factors, including current foster care services, in deciding whether minor was eligible for specialization. (DELORT and HARRIS, concurring.)

House Bill 304

Topic: 
Notice and change of addresses
(Brady, R-Normal) amends the Clerks of Courts Act to allow the circuit court clerk to reasonably rely upon any notice of the party’s change of address received from the United States Postal Service as a true and correct statement of the party’s current residential address. Applies to any notification required by law to be made by the circuit clerk to a party. Just introduced and referred to House Rules Committee.

In re: Edgar C.

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2014 IL App (1st) 14-703
Decision Date: 
Wednesday, December 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed as modified.
Justice: 
GORDON
(Court opinion corrected 1/22/15.) Respondent, age 16 at time of offense, was found guilty of robbery, theft and battery and adjudicated delinquent and sentenced to five years' probation. Mandatory five-year probation requirement applies to Respondent's adjudication, as robbery offense is a forcible felony. Mandatory probation requirement is rationally related to goals of Juvenile Court Act as it protects the public while allowing for individualized sentence. Juvenile robber is not treated more harshly than adult robber, as juvenile probation is only one year longer than maximum probation for adult, and minor cannot be committed to Department of Juvenile Justice for longer term than adult could be incarcerated for same offense, and juvenile commitment is inherently less harsh than adult incarceration. (McBRIDE and REYES, concurring.)