Subject Index Parental Rights

When court terminates parental rights, appeal of that determination does not stay termination

November
2002
Illinois Law Update
, Page 584
On August 29, 2002, the Illinois Supreme Court reversed in part and vacated in part the decision of the appellate court in this child custody case.

Can Court-Imposed Grandparent Visitation Survive Wickham v Byrne?

By Michael K. Goldberg
September
2002
Article
, Page 458
Only if the General Assembly stays within the limits imposed by the U.S. and Illinois Supreme Courts, the author warns.

Evidence of parent’s conduct following removal of children from her care is irrelevant to the determination of parental unfitness under “failure to protect” provision

June
2002
Illinois Law Update
, Page 288
On March 21, 2002, the Illinois Supreme Court affirmed the appellate court, holding that evidence of a parent's conduct following removal of children from her care is irrelevant under the "failure to protect" provision for determining parental unfitness in a termination of parental rights proceeding under the Juvenile Court Act, 705 ILCS 405/2-29.

The high court overturns Illinois grandparents’ visitation statute

By Helen W. Gunnarsson
June
2002
LawPulse
, Page 282
The Illinois Supreme Court rules that the grandparents' visitation law unconstitutionally infringes upon parents' rights.

Law permitting a parent to be declared unfit after more than one child is born with drugs in his or her system and the mother has the opportunity for treatment does not violate the equal protection or due process clauses of the Illinois Constitution

June
2002
Illinois Law Update
, Page 288
On April 3, 2002, the Appellate Court of Illinois, Second District, affirmed the ruling of the trial court terminating the parental rights of the respondent after finding that she was an unfit parent.

Indigent mother has a constitutional right to court-appointed counsel to appeal ruling that she is an unfit parent, even if county is required to pay counsel’s fees

April
2002
Illinois Law Update
, Page 176
On January 25, 2002, the Illinois Supreme Court affirmed the appellate court and held that the separation of powers doctrine is not violated when, in a case concerning the fitness of a parent, the county is required to pay for an indigent mother's appellate counsel fees.

Parental rights may be terminated if state proves that parent was incarcerated and would likely remain so for two years and there was little contact with or support of children

January
2002
Illinois Law Update
, Page 14
The state moved to terminate a defendant's parental rights and to appoint a legal guardian with the power to consent to the adoption of two of the defendant's children.

Legislation clarifies that failure to vaccinate a child for religious or medical reasons is not neglect or abuse; P.A. 92-375

December
2001
Illinois Law Update
, Page 624
In August, Gov. Ryan signed into law Senate Bill 1305, which amends the Adoption Act to clarify that a parent's failure to vaccinate a child due to religious or medical reasons, allowed by law, does not constitute child neglect or abuse.

No more dumpster babies?

By Helen W. Gunnarsson
December
2001
LawPulse
, Page 620
A new law is designed to encourage desperate mothers to leave their newborns in safe places, not dumpsters and doorsteps.

Grandparents’ visitation; splitting the baby four ways?

By Helen W. Gunnarsson
October
2001
LawPulse
, Page 510
Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.

Trial court has the authority under the Juvenile Court Act to order state’s attorney to prosecute a petition to terminate parental rights

September
2001
Illinois Law Update
, Page 454
On June 21, 2001, the Illinois Supreme Court affirmed the lower court's holding that the trial court had the authority under the Juvenile Court Act to order the state's attorney to prosecute a petition to terminate parental rights, after establishing permanency goal.

Where there is no allegation of unfitness, the statutory provision allowing grandparent visitation interferes with a mother’s fundamental right to make decisions about the care and custody of her children

September
2001
Illinois Law Update
, Page 454
On July 6, 2001, the Appellate Court of Illinois, Third District, reversed the lower court's order awarding grandparent visitation to Brent and Rita Langman, the paternal grandparents of children whose father had died while married to their mother, Amy Langman.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
, Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Void-for-vagueness doctrine applied in adoptions context; section 1(D)(h) of the Adoption Act permitting termination of parental rights found unconstitutionally vague

July
2001
Illinois Law Update
, Page 342
On April 13, 2001, the Appellate Court of Illinois, Fourth District, applied the void-for-vagueness doctrine to a constitutional analysis of section 1(D)(h) of the Adoption Act, 750 ILCS 50/1 (D)(h).

A finding of parental unfitness resulting in termination of parental rights must be based on conduct that occurred during the statutorily prescribed time periods

February
2001
Illinois Law Update
, Page 60
On November 22, 2000, the Fourth District of the Appellate Court of Illinois vacated and remanded the trial court's judgment that granted the state's petition to terminate respondent Christopher Fleming's parental rights.

Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights

By David N. Schaffer
February
2001
Article
, Page 74
An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.

Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state’s interference with fundamental parental rights

December
2000
Illinois Law Update
, Page 690
On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
, Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Drug abusers may lose children; P.A. 91-802

August
2000
Illinois Law Update
, Page 438
Beginning next year, more unfit parents may begin losing custody of their children.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
, Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

When determining the fitness of a parent, the court can only consider evidence of actions occurring within 12 months from the date in which the court finds the abused, or a dependent

May
2000
Illinois Law Update
, Page 252
On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's finding that D.L.'s mother was unfit pursuant to section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29).

The Lawyer’s Journal

By Bonnie McGrath
December
1999
Column
, Page 632
One new rule clarifies notice-of-appeal filings in criminal cases...

Representing Grandparents Who Raise Grandchildren: An Overview of Illinois Law

By Susan Dawson-Tibbits
September
1999
Article
, Page 468
This article highlights various Illinois statutes that give grandparents legal authority to make decisions affecting their grandchildren.

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