Child Law

Public Act 98-961

Topic: 
Maintenance guidelines
(Silverstein, D-Chicago; Sandack, R-Downers Grove) creates permissive guidelines for maintenance cases if the parties' combined gross income is $250,000 or less. The court must first determine that maintenance is appropriate before turning to the guidelines. It is calculated by taking 30 percent of the payor's gross income minus 20 percent of the payee's gross income. But it may not result in the payee receiving a total that is in excess of 40 percent of the combined gross income of the parties after maintenance is added to the gross income of the payee. The duration is calculated by multiplying the length of the marriage by whichever of the following factors applies: 0-5 years (.20); 5-10 years (.40); 10-15 years (.60); or 15-20 years (.80). For a marriage of 20 or more years, the court, in its discretion, shall order either permanent maintenance or maintenance for a period equal to the length of the marriage. Effective January 1, 2015.
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In re J.H.

In re J.H.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (3d) 140185
Decision Date: 
Thursday, August 14, 2014
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
WRIGHT
Court properly found Respondent mother unfit for failing to make reasonable progress toward returning minor home. Mother continued to engage in relationship with paramour although he had committed domestic violence against her and her daughter, age 6, and failed to attend counseling sessions and refused to provide drug drop. Mother's certified records from drug rehab center were admissible as business records under Section 2-18(4)(a) of Juvenile Act. (LYTTON and O'BRIEN, concurring.)

Public Act 98-826

Topic: 
Witness fees in some juvenile cases
(Sims, D-Chicago; Raoul, D-Chicago) provides that witness fees in actions under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987 to be paid in the same manner as witness fees paid in criminal cases. Requires a witness seeking reimbursement to file an affidavit stating, among other things, that the attendance of the witness was at the instance of the State's Attorney or attorney of any other party to the action. Effective August 1, 2014.
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In re Angel P.

In re Angel P.
Illinois Appellate Court
Civil Court
Juveniles
Citation
Case Number: 
2014 IL App (1st) 121749
Decision Date: 
Friday, June 27, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
HALL
(Court opinion corrected 8/7/14.) Respondent was adjudicated a delinquent minor. Failure to hold evidentiary hearing to determine if officer's grand jury testimony that minor was 17 years old, when he was actually age 16, was unintentional or willful perjury was not error. Respondent's age was not a factor in grand jury's determination of probable cause. Evidence was sufficient to support court's finding that minor had actual possession of pistol (which officer observed him place under tire of vehicle), and that minor possessed a defaced firearm, as serial number had been scratched off pistol. Failure to produce pistol at trial did not prejudice minor, as minor denied ever possessing pistol. Conviction for possession of ammunition without a FOID card does not violate one-act, one-crime doctrine. (ROCHFORD and REYES, concurring.)

In re Derrico G.

In re Derrico G.
Illinois Supreme Court
Civil Court
Juvenile Court Act
Citation
Case Number: 
2014 IL 114463
Decision Date: 
Monday, August 4, 2014
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed in part and vacated in part; remanded with directions.
Justice: 
KARMEIER
Consent provision of Section 5-615 of Juvenile Court Act grants State's Attorney authority to object to entry of order of continuance under supervision in a juvenile case before a finding of guilt. That provision is constitutional, and does not violate separation of powers clause, equal protection, or due process. (GARMAN, THOMAS, KILBRIDE, and THEIS, concurring; BURKE and FREEMAN, dissenting.)

In re Omar M.

In re Omar M.
Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2014 IL App (1st) 100866-B
Decision Date: 
Friday, January 31, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
GORDON
(Modified upon denial of rehearing 8/1/14.) Respondent minor was prosecuted, convicted, and sentenced under extended jurisdiction juvenile (EJJ) prosecution statute for first-degree murder. Statute is not an unconstitutional violation of Apprendi as it is not an adjudicatory statute, but a dispositional one, as it does not determine a respondent's guilt or the specific sentence. (LAMPKIN and PALMER,concurring.)

In Re Tamesha T.

In Re Tamesha T.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (1st) 132986
Decision Date: 
Monday, July 28, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court properly found six minor children of Respondent to be neglected and abused due to injurious environment and substantial risk of physical injury. Evidence showed that home was filthy, and children were often only partially clothed and were left unattended and naked, playing on window ledge of third-floor apartment, and Respondent mother did not follow through on instructions to keep home clean and other directions. (HOFFMAN and DELORT, concurring.)

In re Rayshawn H.

In re Rayshawn H.
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (1st) 132178
Decision Date: 
Monday, July 7, 2014
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court entered orders finding minor neglected, and setting permanency goal of return home within 5 months. Finding of neglect was supported by evidence that minor lacked necessary care and was subject to injurious environment. Mother refused to allow minor to return home upon discharge from psychiatric hospital and made little effort to finding alternative living arrangements for minor. Court did not err in not entering finding of no-fault dependency, as mother was responsible for placing minor in his current position.(CONNORS and HOFFMAN, concurring.)

Oglesby v. The Department of Chldren and Family Services

Oglesby v. The Department of Chldren and Family Services
Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2014 IL App (4th) 130722
Decision Date: 
Tuesday, July 8, 2014
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed and remanded with directions.
Justice: 
TURNER
Police officer responded to request for assistance with seven-year-old student, who was behavior-disordered and acting out of control at elementary school. ALJ failed to apply the Abused and Neglected Child Reporting Act, as ALJ made no findings that DCFS had proved by a preponderance of evidence that officer's actions against student created substantial risk of physical injury, by other than accidental means, likely to cause death, disfigurement, impairment of physical or emotional health, or loss of impairment of any bodily function. Child was in need of restraint as school staff had restrained him for 30 minutes prior to officer picking child up by front of his jacket and pinning him against the wall, and child continued to act out afterward. No witnesses believed that officer intended to hurt child. (APPLETON and STEIGMANN, concurring.)

In re A.S.

In re A.S.
Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2014 IL App (3d) 140060
Decision Date: 
Thursday, July 3, 2014
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
LYTTON
After hearing, circuit court found Respondent mother unfit for failing to make reasonable progress toward return of her three minor children during nine-month period. Court's finding was not against manifest weight of evidence, as Respondent missed several drug drops during that period and continued to reside with minors' father despite caseworkers' warning that doing so could prevent her from becoming fit. Respondent was not prejudiced by court's delay in providing her court-ordered tasks as to one child, as they were the same tasks as to her other children. (O'BRIEN and SCHMIDT, concurring.)