Child Law

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

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

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

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.)

In re Rufus T., a Minor

In re Rufus T., a Minor
Illinois Appellate Court
Criminal Court
Juvenile Sex Offenders
Citation
Case Number: 
No. 2-09-0986
Decision Date: 
Thursday, May 12, 2011
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK
(Court opinion corrected 6/24/11.) Respondent, then age 15, was adjudicated a juvenile delinquent in 1999 based on admission of attempted aggravated criminal sexual assault of a child under age 9, and was required to register as a sex offender. Court's duty to consider factors in Section 3-5(e) of Sex Offender Registration Act, in ruling on petition for removal from sex offender registry, is directory rather than mandatory. Court is not mandated to consider a risk assessment, and determination of whether a respondent has proven necessity for risk assessment is within court's discretion. (ZENOFF and BIRKETT, concurring.)

Senate Bill 2015

Topic: 
Temporary guardianships
(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.
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House Bill 83

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. Passed both chambers.
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