Child Law

(Silverstein, D-Chicago; Saviano, R-Elmwood Park) does three things. (1) Allows a temporary guardian to be appointed if a guardian dies, becomes incapacitated, or resigns. (2) Requires that the court state the actual harm that makes the temporary guardianship or any extension necessary. (3) If there has been an adjudication of disability, no extension of temporary guardianship may be granted unless there is a pending appeal, citation, petition to appoint a successor guardian because the former guardian has resigned, become incapacitated, or died; or if the guardian’s powers have been suspended by court order. If there has not been an adjudication of disability, an extension must be granted for no more than 120 days pending if the court finds it is in the best interest of the alleged disabled person so as to protect the person from abuse or neglect. Passed both chambers.

(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. Passed both chambers.

(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. On third reading in the Senate after passing the House.