Subject Index Parental Rights

Evidence of failure to create a stable care plan and declining to accept assistance are sufficient to support findings of child neglect and parental unfitness

December
2024
Illinois Law Update
, Page 16
On Sept. 4, 2024, the First District of the Illinois Appellate Court held that evidence of failure to create a stable care plan and refusal of assistance are sufficient to support findings of child neglect and parental unfitness.

Right to a fair hearing not violated in termination of parental rights case because trial court did not base its determination on impermissibly obtained information

November
2024
Illinois Law Update
, Page 18
On Aug. 23, 2024, the Fourth District of the Illinois Appellate Court held that a parent, whose custody rights were terminated after confidential information from her drug court record was admitted into court, did not have her right to a fair hearing violated because the trial court did not rely on the information when making its determination.

Parental rights may be terminated when parents fail to make progress toward reunification

June
2024
Illinois Law Update
, Page 16
On Feb. 27, 2024, the First District of the Illinois Appellate Court held that parental rights may be terminated when the parent fails to make progress toward reunification within a 12-month period.

Parents who consent to health care services on behalf of their children have the right to inspect the part of the child’s medical record related to that service

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Consent by Minors to Health Care Services Act. A parent who consents to a health care service for their child may inspect and copy the part of the child’s medical record that relates to the specific health care service the parent authorized.

Persons alleging to be parents, intended parents, or providers of financial support to a child have standing under the Parentage Act

June
2024
Illinois Law Update
, Page 16
On March 5, 2024, the First District of the Illinois Appellate Court held that persons alleging to be parents, intended parents, or providers of financial support to a child have standing under the Parentage Act.

Mother’s inability to keep person away from minor under protective order sufficient to support finding of abuse

February
2023
Illinois Law Update
, Page 16
On Nov. 3, 2022, the First District of the Illinois Appellate Court held that a minor was an abused minor where her mother could not keep a person away from the minor despite a protective order against the person.

Parental unfitness finding not against the manifest weight of evidence when competent evidence showed respondent suffered mental impairment hindering parenting abilities

January
2023
Illinois Law Update
, Page 14
On Oct. 6, 2022, the Fourth District of the Illinois Appellate Court held that competent evidence from a psychologist sufficiently demonstrated that a father suffered a mental impairment that rendered him unable to parent and that he would remain unable to parent for an unreasonably long time.

The right to be physically present in termination of parental rights proceedings is not absolute

January
2022
Illinois Law Update
, Page 16
On Oct. 15, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s decision terminating parental rights after proceedings were conducted almost exclusively via Zoom.

Occasional requests to visit child insufficient to retain parental rights

November
2019
Illinois Law Update
, Page 14
On Aug. 5, 2019, the Fifth District Appellate Court upheld an order of the Circuit Court of Madison County terminating a father’s parental rights based on his lack of fitness as a parent.

Judicial registration and petitions for relief now available for administrative paternity orders

January
2016
Illinois Law Update
, Page 18
The Illinois Public Aid Code has been amended to provide for judicial registration of both administrative support and paternity orders.

An Overview of the Illinois Parentage Act of 2015

By Margaret A. Bennett
December
2015
Article
, Page 28
The new Act, effective January 1, is a complete rewrite of Illinois parentage law that reflects changes in cultural norms and reproductive technology in the past 30 years.

Dispute over the disposition of pre-embryos resolved by honoring the parties’ prior agreement

September
2015
Illinois Law Update
, Page 18
On June 18, 2013, the First District of the Appellate Court held that in disputes regarding the disposition of pre-embryos, the court would honor any prior agreement between the parties.

Custody of pre-embryos awarded to woman despite sperm donor’s objection

By Matthew Hector
August
2015
LawPulse
, Page 10
An Illinois court awarded custody and control of frozen pre-embryos to the woman whose eggs were fertilized to create them.

Legal Parenthood: Old Doctrines, New Families

By Professor Jeffrey A. Parness
June
2012
Column
, Page 330
Is the “superior parental rights” doctrine outdated?

Statutory Parenthood for Same-Sex Partners

By Professor Jeffrey A. Parness
December
2011
Column
, Page 636
The Illinois Parentage Act should be amended to make it easier for same-sex partners to establish their parenthood.

Adoption law pointers

By Helen W. Gunnarsson
September
2011
LawPulse
, Page 434
The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.

Civil Unions and Parenthood at Birth

By Professor Jeffrey A. Parness
September
2011
Column
, Page 473
How should legal parenthood at birth be established when children are born into civil unions?

Terminating Guardianships and Returning Children to Parents: Pitfalls and Possibilities

By Julie M. Harcum
October
2007
Article
, Page 542
Is it enough that a parent is "fit, willing, and able," or may a child be returned only if doing so serves his or her "best interest"?

Visitation By Biological Boyfriend-Father

By H. Joseph Gitlin
October
2007
Column
, Page 556
A biological father from a wife's extra-marital affair can win visitation with his child.

Reforming Paternity Procedures: A Dannielynn in Illinois

By Professor Jeffrey A. Parness
June
2007
Column
, Page 324
What would have happened if Anna Nicole Smith's daughter had been born in Illinois?

Supreme court to rule on putative father registry

By Helen W. Gunnarsson
August
2006
LawPulse
, Page 398
Some say the registry protects adoptive parents and children from belated, unwelcome interest by a biological dad. Others say it unfairly cuts a birth father out of his child's life. 
   

A finding of depravity in parental rights hearing supported by felony convictions

August
2005
Illinois Law Update
, Page 390
On May 24, 2005, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Peoria County finding the respondent unfit to retain custody of his two children and terminating his parental rights.

The New Illinois Gestational Surrogacy Act

By Nancy Ford
May
2005
Article
, Page 240
In Illinois, a recently enacted statute governs would-be parents' contracts with surrogate mothers. Here's a look at what the new law does and doesn't do.

State must demonstrate by a preponderance of the evidence that termination of parental rights is in the best interest of the child

January
2005
Illinois Law Update
, Page 14
On October 21, 2004, the Illinois Supreme Court affirmed the appellate court's determination that the circuit court had applied an incorrect standard of proof in a termination of parental rights proceeding, and remanded the case to the circuit court for a rehearing of the issue under the appropriate preponderance of the evidence standard.

Denial of “fitness to stand trial” hearing in a parental rights proceeding did not violate father’s due process rights

November
2004
Illinois Law Update
, Page 568
On August 20, 2004, the Illinois Appellate Court, First District, affirmed the Circuit Court of Cook County's decision finding the respondent father unfit to parent a child and terminating his parental rights.

A finding of parental unfitness must be specific as to each child

June
2004
Illinois Law Update
, Page 292
On March 18, 2004, the Illinois Supreme Court affirmed the appellate court's reversal of the trial court's finding of unfitness and termination of a mother's parental rights with respect to the youngest of her four children.

Former version of §1-5(3) of the Juvenile Court Act did not require trial courts to admonish parents of all factors that could result in the termination of their parental rights.

March
2004
Illinois Law Update
, Page 124
On December 18, 2003, the Illinois Supreme Court reversed the judgment of the appellate court and affirmed the circuit court's termination of the defendant's parental rights. 

State’s burden of proof in best interests stage of termination of parental rights proceeding is preponderance of evidence

June
2003
Illinois Law Update
, Page 280
On March 27, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County terminating the respondent's parental rights.

Adoption policies changed

January
2003
Illinois Law Update
, Page 14
On October 23, 2002, the Department of Children and Family Services (department) amended rules relating to parental fitness and general adoption policies in title 89 of the Illinois Administrative Code.

Section 2-28(3) of Illinois Juvenile Court Act, which gives parties immediate right to appeal permanency orders, violates separation of powers clause of Illinois Constitution

December
2002
Illinois Law Update
, Page 634
On September 19, 2002, the Illinois Supreme Court held that the provisions of section 2-28(3) of the Juvenile Court Act, which gives parties an immediate right to appeal permanency orders.

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