Child Law

House Bill 1019

Topic: 
Family law and allegations of child abuse or neglect
(Zalewski, D-Chicago) allows the court to request that the Department of Children and Family Services or a local law enforcement agency conduct an investigation if there is an allegation of child abuse or neglect made during a custody or visitation proceeding. If the investigating agency finds that the allegation is unfounded, it requires the court to hold a hearing on the issue. If the court determines that the allegation was false and the person who made the allegation knew it to be false, the court may impose monetary sanctions and hold that person in contempt of court. Requires written notice of the new provisions to parties in all proceedings in which custody or visitation is in issue. Just introduced.

House Bill 1029

Topic: 
Uniform Collaborative Law Act.
(Gabel, D-Evanston) creates the Uniform Collaborative Law Act for family law cases that is a form of alternative-dispute resolution. Contains provisions concerning the requirements of collaborative law agreements; the beginning and conclusion of the collaborative law process; proceedings before a tribunal; disqualification of collaborative lawyers; disclosure of information; standards of professional responsibility and mandatory reporting; procedures for protecting parties from violent or coercive behavior; confidentiality; privileges; and the authority of a tribunal if a collaborative agreement does not meet the requirements of the Act. Just introduced. Same bill as Senate Bill 31 (Noland, D-Elgin).

House Bill 1018

Topic: 
Integrative Family Therapy
(Zalewski, D-Chicago) authorizes a trial court to order the parties and the minor children to participate in “integrative family therapy” in a dissolution proceeding or post-judgment proceeding involving children. The trigger for the judge is the presence of substantial and ongoing conflict about custody or visitation putting the children at risk to develop a pathological condition or conditions such as depression, anxiety, and personality disorder. Recently introduced.

House Bill 1004

Topic: 
IMDMA and temporary relief
(Pritchard, D-DeKalb) allows party to request and the court to grant temporary relief that includes the following: (1) require a party to surrender to the court or the petitioner's attorney any United States or foreign passport issued in the name of a child; (2) require a party to place the name of a child in the Children's Passport Issuance Alert Program of the United States Department of State; or (3) enjoin a party from applying on behalf of a child for a new or replacement passport or visa. Recently introduced.

In re Adoption of K.B.D.

Illinois Appellate Court
Civil Court
Adoption
Citation
Case Number: 
2012 IL App (1st) 121558
Decision Date: 
Friday, December 14, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed.
Justice: 
R. GORDON
Court properly terminated parental rights of mother to her 9-year-old daughter, in contested adoption proceeding filed by child's biological father and his girlfriend. Unmarried couple does have standing to adopt, where one or both is related to the child by blood. Court's finding of unfitness based on depravity not against manifest weight of evidence; GAL found, by Googling child's name, photos of mother, who was an exotic dancer, on Internet, in sexually suggestive positions of bondage. (LAMPKIN and REYES, concurring.)

In re S.L.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2012 IL App (5th) 120271
Decision Date: 
Wednesday, November 28, 2012
District: 
5th Dist.
Division/County: 
Marion Co.
Holding: 
Reversed and remanded.
Justice: 
STEWART
Evidence does not support finding that State proved mother unable to discharge her parental responsibilities due to mental impairment. The only basis for finding of unfitness on that ground was testimony of psychologist that mother would need 6-12 months of logistical stability to show that she had made sufficient changes to be able to care for child, and at time of hearing she had shown every element of that stability. DCFS did not see need to intervene as to mother's parenting of her other child, and thus it was unreasonable to conclude that mother lacked mental capacity to parent one child but not the other.(GOLDENHERSH and SPOMER, concurring.)

Home Star Bank and Financial Services v. Emergency Care and Health Organization

Illinois Appellate Court
Civil Court
Medical Malpractice
Citation
Case Number: 
2012 IL App (1st) 112321
Decision Date: 
Friday, December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
PALMER
Good Samaritan Act is not intended to apply to immunize ER physicians who are paid for their time. The determination of whether emergency care was provided "without fee" is not dependent on geography of where that care was provided. Hospital's independent contractor ER physician, who responded to code blue for patient on another floor of hospital, received "a fee" for his emergency care of patient and thus did not provide emergency care "without fee" as contemplated by Good Samaritan Act. (McBRIDE and TAYLOR, concurring.)

In re Barion S.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2012 IL App (1st) 113026
Decision Date: 
Friday, December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
McBRIDE
Evidence presented rebutted presumption of neglect of infant based on diagnosis of failure to thrive. State's evidence was not sufficient to support a finding of neglect, as State failed to prove that mother breached her duty to provide a safe and nurturing shelter, such that infant was neglected due to injurious environment. Evidence did not show that it was more likely than not that infant was neglected based on mother's failure to exercise care or unintentional disregard of her duty. Mother was proactive in seeking medical treatment for infant and her home was clean and stocked with food; caseworker found feedings appropriate. (HOWSE and TAYLOR, concurring.)

Senate Bill 1746

Topic: 
New filing fee
(Trotter, D-Chicago; Harris, D-Chicago) creates a $10 fee to be paid by civil litigants who file an appearance and defendants who are convicted or plead guilty to any felony, misdemeanor, traffic, municipal, or conservation offense to pay for the Supreme Court E-Business Plan. The E-Business Plan is to develop and maintain an automated point-of-access case and statistics management system. It will will include applications for e-filing, e-guilty, and e-signatures as well as trial court and probation data exchanges. Senate Bill 1746 is scheduled for hearing in House Judiciary Committee on Sunday, Jan. 6, 2013.