Child Law

Public Act 97-493

Topic: 
Adoption forms
(Feigenholtz, D-Chicago; Wilhelmi, D-Joliet) changes the Final and Irrevocable Designated for Purposes of Adoption form to be used only by the "legal parents." Provides a form of waiver of parental rights to be used by a putative father or a legal father of a born or unborn child. No action to void a waiver may be commenced after 12 months from the date the waiver was executed. Effective August 22, 2011.

Public Act 97-362

Topic: 
Juvenile justice
(Yarbrough, D-Maywood; Collins, D-Chicago) amends the Juvenile Court Act to reduce recidivism of troubled youth by encouraging juvenile courts to explore less restrictive alternatives before incarcerating them. It will also help Illinois recover federal IVe funds for services to delinquent youth. Effective January 1, 2012.

Public Act 97-294

Topic: 
Students, schools, and the courts
(Eddy, R-Hutsonville; Righter, R-Mattoon) makes several changes affecting students who are respondents under the Stalking No Contact Order Act, the Civil No Contact Order Act, and the Illinois Domestic Violence Act of 1986. (1) Provides that the court may order that the respondent accept a change of educational placement or program, as determined by the school. (2) The respondent bears the burden of proof by a preponderance of evidence that the educational transfer, change of placement, or change of program of the respondent is not available. The respondent’s agreement is irrelevant to whether a remedy is “not available.” (3) The respondent must also share the burden for the expense, difficulty, and educational disruption caused by a transfer of the respondent to another school. (4) Provides that the court may make the parents, guardian, or legal custodian of the respondent responsible for costs associated with the respondent's placement under the order. (5) Prohibits a court in the enforcement of an order from holding a school district or private or non-public school or any of its employees in civil or criminal contempt unless the school district or private or non-public school has been allowed to intervene. (6) Allows a court to hold the parents, guardian, or legal custodian of the minor respondent in civil or criminal contempt for a violation of an order for conduct of the minor in violation of the Act if the parents, guardian, or legal custodian directed, encouraged, or assisted the minor in the conduct. Effective Januar 1, 2012.

Standing for Nonparents Seeking Custody or Guardianship of Minors after In re R.L.S.

By Roman J. Seckel
February
2007
Article
, Page 90
The R.L.S. case created differing approaches to standing under the probate act and the IMDMA. The author analyzes the ruling.

Burris v. DCFS

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
No. 1-10-1364
Decision Date: 
Wednesday, June 29, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Reversed.
Justice: 
QUINN
Plaintiff filed complaint for administrative review of DCFS decision denying her request for expungement of indicated report of neglect. As trial court and appellate court had made judicial findings of neglect, per Section 7.16 of Reporting Act, Plaintiff has no right to a hearing, and ALJ should have dismissed Plaintiff's appeal per Section 336.190(a)(3) of DCFS rules. (NEVILLE and STEELE, concurring.)

Humpty Dumpty Child

By Hon. Ron Spears
November
2010
Column
, Page 588
Healing broken children is hard but essential work.

Introducing the New and Improved Minor Guardianship Statute

By Margaret C. Benson
December
2010
Article
, Page 628
An important new amendment to the Illinois Probate Act clarifies when nonparents have standing in minor guardianship cases and otherwise honors the rights of parents while protecting children.

Slater v. The Department of Children and Family Services

Illinois Appellate Court
Civil Court
Abuse and Neglect
Citation
Case Number: 
No. 1-10-2914
Decision Date: 
Friday, June 17, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Reversed with directions.
Justice: 
R.E. GORDON
DCFS entered indicated finding of neglect against 17-year-old mother for incident where her 7-month-old daughter grabbed a colored pencil that the mother was using for a school art project, then child fell on pencil, which pierced her neck and punctured her lung. ALJ's determination that mother neglected child was clearly erroneous; existence of injury itself does not automatically result in finding of neglect. Mother's conduct did not demonstrate that child was not receiving care necessary for her well-being, and injury was the result of an isolated incident. (GARCIA and McBRIDE, concurring.)

In re T.P.S, a Minor Child

Illinois Appellate Court
Civil Court
Guardianship
Citation
Case Number: 
No. 5-10-0617
Decision Date: 
Monday, June 20, 2011
District: 
5th Dist.
Division/County: 
Williamson Co.
Holding: 
Reversed and remanded.
Justice: 
CHAPMAN
Parties were involved in long-term same-sex relationship, during which time Petitioner gave birth to two children. Respondent had been named coguardian of each child shortly after their birth. Guardian has cognizable interest in child's welfare, as the court, in appointing guardian, must have found that the presumption of the superior-rights doctrine was overcome. Although a non-parent who has been legally appointed as guardian has standing to oppose termination of guardianship, other third parties do not. Guardian must prove, by clear and convincing evidence, that a continuation of guardianship is in the child's best interests. (SPOMER and WEXSTTEN, concurring.)