Child Law

The newsletter of the ISBA’s Section on Child Law

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2002 Articles

Abandoned Newborn Infant Protection Act By Karen Ryan February 2002 On August 17, 2001 Governor Ryan signed House Bill 632 and Senate Bill 216, enacting The Abandoned Newborn Infant Protection Act.
Are plea bargains in juvenile court really bargains? By Arlene Anderson July 2002 Plea bargaining has become an institutional part of the juvenile justice system.
Case law update By Ellen Pauling October 2002 State filed a petition against mother seeking termination of her parental rights to five of her children. Trial court found mother unfit as to each of the five children based on "the extended period that the mother had no contact with the children" and then terminated her rights to her two youngest children
Child protection law update By Catherine M. Ryan July 2002 In 1997, T.R. (16 months) swallowed several prescription antidepressant pills and became comatose.
Child protection law update By Catherine M. Ryan January 2002 Mother and her attorney repeatedly told the court that R.S. was conceived by artificial insemination through an anonymous sperm donor.
Child welfare case law update By Judge Thomas Mueller July 2002 Any adult person, including a child's court appointed guardian ad litem, may file a motion/petition to terminate parental rights.
Congress reauthorizes Juvenile Justice and Delinquency Prevention Act December 2002 Ending six years of debate, Congress took final action recently on legislation, HR 2215, to reauthorize the JJDP Act of 1974.
Deaf parties have special needs By Susan O’Neal Johnson December 2002 Deaf parties to juvenile abuse and neglect proceedings have certain rights under the Americans with Disabilities Act and the Rehabilitation Act.
Defining habitual drunkenness By Susan O’Neal Johnson October 2002 The decision in In Re J. J. helps define the evidence that can be considered in petitions seeking to terminate parental rights pursuant to allegations of habitual drunkenness or addiction to drugs, under 750 ILCS 50/1(D)(k).
Delinquency case law update By Kulmeet S. Galhotra May 2002 In re R.A.B, 197 Ill. 2d 358, 757 N.E. 2d 887, 259 Ill. Dec. 24 (2001), a case concerning the fundamental right to trial by jury, was issued on September 20, 2001.
From the bench July 2002 The Juvenile Justice System by its nature deals with a diverse group of young people involved in a wide spectrum of cases ranging from minor offenses to very serious and violent crimes
From the chair By Kathryn Bischoff May 2002 Congratulations to our newsletter editor and co-editors: We are well on our way to publishing five editions this year! Stay tuned.
Juvenile delinquency case law and legislative update By Kulmeet S. Galhotra January 2002 Can you sentence a sixteen-year-old to DCFS custody in a delinquency case?
Juvenile delinquency caselaw and legislative update By Peter N. Ryan December 2002 This amendment applies only to drug transfer cases (not Class X felony)
Message from the chair By Kathryn Bischoff July 2002 My year as chairman of the Section Council has passed very quickly.
School choice under the “Individuals with Disabilities Act Amendments of 1997” By Mark J. Carroll January 2002 Prior to 1975, disabled children and their parents were provided little protection by the federal government against states who excluded disabled children from the educational system because of their disability.
School violence and discipline of special education students By Richard S. Gutoff May 2002 School violence resulting in fatalities has occurred 11 times since 1997. These acts of violence were committed by troubled students.
Second District addresses the court’s failure to admonish By Kathryn Bischoff October 2002 Two seemingly opposite opinions have recently been handed down by the Second District Appellate Court on the issue of disturbing a finding of unfitness based on the trial court's failure to admonish a parent to comply with the conditions of the DCFS service plan.
Should your child client be in a different school? By Joy Rogers February 2002 Selection of an appropriate school for a child may become a legal matter in a variety of situations including delinquency, neglect and/or abuse, child custody, special education conflicts, and McKinney Act issues. Parties in such actions are often in conflict about what school arrangements are best for the affected child. The issues to be weighed are complex.
Sycamore police peer jury program By Steve Cook February 2002 Thirteen-year old Mike stands in front of a group of kids telling them how he shoplifted at the local grocery store.
Termination: two and two for the spring By Terrence M. Madsen January 2002 The parental rights termination provisions of 750 ILCS 50/1 went two and two this spring in the constitutional challenge area.
The varying degrees of diligence used in locating and notifying non-custodial father of juvenile court proceedings involving their minor children By Linda Perez February 2002 The Illinois Supreme Court has emphasized the constitutional nature of the right to notice, as well as the necessity of compliance with the formal notice requirements in the Illinois Juvenile Court Act.
The youth court option: Now that’s a young prosecutor By Terrence M. Madsen October 2002 The scene in the Knox County courtroom is pretty much the same as at any routine juvenile proceeding except that the prosecutor is 14, the defense "attorney" is 16 and a "jury" of 13-17 year-olds are hearing evidence in aggravation and mitigation in anticipation of imposing a very real sentence.