Child Law

In re Jacorey S.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2012 IL App (1st) 113427
Decision Date: 
Tuesday, May 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CUNNINGHAM
Court found father of twins unfit per Sections 1(D)(b) and 1(D)(m) of Adoption Act. Court's finding that father failed to show reasonable efforts or reasonable progress toward reunification, as his participation in therapy and services was limited and his visits with twins inconsistent, was not against manifest weight of evidence. (QUINN and CONNORS, concurring.)

federal legislation

Topic: 
Legal Services funding
Earlier this month the House appropriations committee (and the full House of Representatives) passed a proposed budget that included $328 million for LSC funding, which already would be a $20 million cut from this year's already reduced level. During the floor debate about this budget, two LSC amendments were introduced, which, if they passed, would have further cut LSC funding. (1) One amendment would have slashed LSC funding from $328 million to $200 million -- which would have been a further cut of $128 million to this year's LSC appropriation. This amendment was soundly defeated and by wider margins than similar amendments in previous years. Representatives Roskam, Hultgren, Manzullo, Schilling, Schock, and Walsh supported this amendment. (2) Another amendment that was voted on that night that would have eliminated all funding for LSC. Representatives Manzullo, Schilling, Schock, and Walsh supported this amendment.

federal legislation

Topic: 
Legal Services funding
Earlier this month the House appropriations committee (and the full House of Representatives) passed a proposed budget that included $328 million for LSC funding, which already would be a $20 million cut from this year's already reduced level. During the floor debate about this budget, two LSC amendments were introduced, which, if they passed, would have further cut LSC funding. One amendment would have slashed LSC funding from $328 million to $200 million--which would have been a further cut of $128 million to this year's LSC appropriation. This amendment was soundly defeated and by wider margins than similar amendments in previous years. Representatives Roskam, Hultgren, Manzullo, Schilling, Schock, and Walsh supported this amendment. Another amendment that was voted on that night that would have eliminated all funding for LSC. Representatives Manzullo, Schilling, Schock, and Walsh supported this amendment

In re A.F.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2012 IL App (2d) 111079
Decision Date: 
Monday, May 7, 2012
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUTCHINSON
(Court opinion corrected 5/21/12.) Respondent parents in abuse and neglect proceeding were represented by different attorneys from same conflicts division of public defender's office. Court found Respondent father unfit and terminated his parental rights. Per se conflict rule is inapplicable to situations where attorneys from same conflicts division represent adversarial parties in termination proceeding. This limitation of per se conflict rule strikes balance between ensuring conflict-free representation and protecting best interests of minors by providing stability and finality to termination proceedings. Respondent failed to show prejudice resulting from denial of his motion to continue trial. Court properly applied statutory factors in determining termination was in minor's best interest. (BOWMAN, concurring; JORGENSEN, dissenting.)

In re Angela D.

Illinois Appellate Court
Civil Court
Termination of Parental Rights
Citation
Case Number: 
2012 IL App (1st) 112887
Decision Date: 
Thursday, May 10, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
STERBA
Court found Respondent mother unfit, based on failure to maintain reasonable degree of interest, drug addiction, and failure to make reasonable efforts, and terminated her parental rights as to her two daughters. Positive drug test results and failure to engage in recovery treatments showed inability and unwillingness to control drug addiction, and supported finding of unfitness to due drug addiction. Finding that termination was in minors' best interests was supported by evidence, given Respondent's failure to progress beyond supervised visitation and bond with and supportive interest of foster parents of two years. (LAVIN and PUCINSKI, concurring.)

Khan v. Fatima

Federal 7th Circuit Court
Civil Court
Child Custody
Citation
Case Number: 
No. 12-1692
Decision Date: 
May 4, 2012
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded
Record failed to support Dist. Ct. order directing respondent-mother to return parties' child to petitioner-father located in Canada in action under International Child Abduction Remedies Act where father alleged that mother removed child to US after domestic dispute with father, and where father had begun divorce/custody proceedings in Canada. Said Act contains defense to required return of child where mother could show that return would expose child to grave risk of physical or psychological harm, and record contained dispute as to whether father physically abused mother in front of child. Moreover, remand was required where Dist. Ct. failed to make findings of fact on key issues with respect to claims of abuse by mother, and where Dist. Ct. failed to allow mother reasonable time to submit psychological evidence on child. Ct. also directed that child be returned to mother pending resolution of case on remand. (Dissent filed.)

In re: Gennell C.

Illinois Appellate Court
Criminal Court
Juvenile Sentencing
Citation
Case Number: 
2012 IL App (4th) 110021
Decision Date: 
Thursday, May 3, 2012
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
TURNER
Respondent was adjudicated a delinquent minor and sentenced to indeterminate term in Department of Juvenile Justice. Person seeking change in custody under Juvenile Act must actively seek it by using the term "apply", and the minor's custodian must have opportunity to be heard. A request for change in custody is not implicit in a request to reconsider the sentence. (POPE and KNECHT, concurring.)

Douglas R.S. v. Jennifer A.S.

Illinois Appellate Court
Civil Court
Adoption Act
Citation
Case Number: 
2012 IL App (5th) 110321
Decision Date: 
Thursday, April 12, 2012
District: 
5th Dist.
Division/County: 
Wayne Co.
Holding: 
Affirmed.
Justice: 
DONOVAN
(Court opinion corrected 5/2/12.) Adoption Act sets 12-month line of demarcation, beginning with date of parent's last visit or communication with child, as evidence of intent to forego parental rights. Juvenile Court Act and Adoption Act are to be construed in concert with and consistent with each other. Any evidence that parent offered during unfitness portion of adoption hearing as explanation for not communicating with child for 12 months is limited to that 12-month period, but evidence outside that period is allowed at second-stage best-interests hearing. (CHAPMAN and SPOMER, concurring.)

In re Juan M.

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
2012 IL App (1st) 113096
Decision Date: 
Monday, April 23, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Affirmed.
Justice: 
ROCHFORD
Court found nine-month old infant physically abused and neglected due to injurious environment, and found his 28-month-old sister neglected due to injurious environment. Court found parents unable to care for children and made them wards of court. Pediatrician expert's testimony that infant's skull fractures were nonaccidental and caused by trauma was unrebutted, supporting finding of physical abuse. Court was not required to determine which parent, if any, perpetrated the abuse. Same evidence supporting physical-abuse finding supports finding of neglect due to injurious environment as to both children. (HOFFMAN and KARNEZIS, concurring.)

HJRCA 29

Topic: 
Victims' rights constitutional amendment
(Lang, D-Chicago; Steans, D-Chicago) is poised to amend the Illinois Constitution to create standing for victims to participate in criminal proceedings as a party. If passed, it would go on the ballot this November for Illinois citizens to approve or disapprove. It expands several of the ten current rights and creates three new ones. Specifically, HJRCA 29 creates the following rights for victims: (1) The right to be free from “harassment, intimidation, and abuse” throughout the criminal justice process. Currently Section 8.1 requires that victims be treated with fairness and respect for their dignity and privacy. (2) The right to refuse to disclose to the defendant information that is privileged or confidential by law, as determined by a court of law with jurisdiction over the case. (3) The right to confer (instead of communicate) with the prosecution. (4) The right to be heard at any post-arraignment court proceeding in which a right of the victim is at issue and any court proceeding involving a post-arraignment release decision, plea, or sentencing. Currently victims have a right to make a statement to the court at sentencing. (5) The right to have access to information in a report related to any aspect of a defendant’s sentence when available to the defendant as the General Assembly may provide by law. (6) The right to be notified of the conviction, the sentence, the imprisonment, and the release of the accused. (7) The right to have the safety of the victim and the victim's family considered in denying or fixing the amount of bail, determining whether to release the defendant, and setting conditions of release after arrest and conviction. HJRCA 29 is scheduled for hearing today in Senate Executive Committee.