Child Law

(Haine, D-Alton; Mayfield, D-Waukegan) creates an additional definition of “neglected child” in the Abused and Neglected Child Reporting Act. It includes an environment that is injurious if (1) the child’s environment creates a likelihood of harm to the child’s health, physical well-being, or welfare and (2) the likely harm to the child is the result of a blatant disregard of parent or caretaker responsibilities. “Blatant disregard” is defined as if the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. Effective July 13, 2012.

(Feigenholtz, D-Chicago; Koehler, D-Edwards) rewrites and re-formats parts of the Adoption Act. (1) It rewrites the form for a final and irrevocable consent to adoption by a specified person or persons in DCFS cases. (2) It creates the Adoption Advisory Council to replace the two current advisory groups. (3) Allows the court to waive the statutory time requirements of a child to be in the physical custody of certain specified persons before a parent may execute a consent for adoption in a case in which DCFS is involved. Makes other changes. Passed both chambers; effective January 1, 2013 for most of the bill if the Governor signs it.

(Sommer, R-Morton; LaHood, R-Peoria) eliminates service of process on a minor defendant who is less than 14 years of age for whom a guardian ad litem has been or will be appointed under the Adoption Act. But House Bill 5062 doesn’t override any provision of the Adoption Act that relates to “identifying information” to which an adopted person is entitled under the Adoption Act’s registry. Drop date August 18, 2012; effective January 1, 2013 if the Governor signs it.

(Kay, R-Edwardsville; McCarter, R-Lebanon) makes the following persons mandated reporters of child abuse: (1) Higher-education personnel; (2) Athletic-program personnel; and (3) early-intervention provider. Effective June 27, 2012.

(Cunningham, D-Chicago; Kotowski, D-Park Ridge) allows a statutory short-form notification to be used to serve on respondents in the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, and the Civil No Contact Order Act. Passed both chambers.

(McAsey, D-Lockport; Mulroe, D-Chicago) makes it a Class 4 felony to violate an order of protection if the defendant had been convicted in another state of domestic battery or certain crimes of violence or been the subject of an out-of-state order of protection. Also makes the actions of a defendant who directed the actions of a third party to violate this Section accountable as if those actions had been personally done by the defendant without regard to the mental state of the third party. Passed both chambers.

(Sommer, R-Morton; LaHood, R-Peoria) eliminates service of process on a minor defendant who is less than 14 years of age for whom a guardian ad litem has been or will be appointed under the Adoption Act. But House Bill 5062 doesn’t override any provision of the Adoption Act that relates to “identifying information” to which an adopted person is entitled under the Adoption Act’s registry. Passed both chambers.

(Silverstein, D-Chicago; Franks, D-Marengo) requires a parent, legal guardian, or caretaker to report the disappearance or death of a child under the age of 13 within 24 hours of knowing or when should have known that the child is missing or deceased. If the child is less than two years old, the reporting requirement is within one hour. Passed both chambers.