Child Law

(Holbrooke, D-Belleville) requires a juvenile court to ensure that any position of and testimony from the Department of Children and Family Services about a change in custody is included in the court record of any juvenile court proceeding that may result in a change of custody. This bill has just been introduced and referred to the House Rules Committee.

(Howard, D-Chicago; Sullivan, D-Rushville) allows a court to order the following relief for visitation abuse: (1) suspend the defendant’s driving privileges; (2) suspend the defendant’s professional license; and (3) fine the defendant for not more than $500 as a petty offense; (4) requires a finding that a party engaged in visitation abuse constitutes “a change in circumstances of the child or his custodian” under Section 610 of the Illinois Marriage and Dissolution Act. It is scheduled for a hearing next week in Senate Judiciary Committee.

(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.

(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.

(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.

(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.