Child Law

The newsletter of the ISBA’s Section on Child Law

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2024 Articles

Chair and Editor’s Comments By Judge Robert J. Anderson, (ret.) April 2024 An introduction to the issue from the chair and editor.
Child Rights From a Pediatric Perspective and in Practice in Germany By Elizabeth Clarke January 2024 Unlike other nations that have successfully incorporated international children's rights standards into their legal framework, the U.S. juvenile justice system has failed to do so.
Constant Allegations of Abuse and Petitions for Orders of Protection May Have Unintended Consequences By Ann R. Pieper April 2024 Without proof, ongoing petitions for orders of protections or Department of Children and Family Services investigations that the other parent is abusing the child puts both parents at a real risk of the state filing a juvenile abuse case against both parents.
1 comment (Most recent April 8, 2024)
Family Law Meets Immigration Law By Kathy Jara June 2024 In 1990 Congress created a new form of humanitarian relief for immigrant children, known as Special Immigrant Juvenile Status. Since its inception, the requirements have modified and expanded.
Guardianships vs. Adoptions of Minors in Illinois By Deanna Hoyt June 2024 While both guardianships and adoptions can give parties the right to the care, custody, and control of minor children, they have different legal standards and legal consequences.
How Child Protection Services Is Failing to Protect Children Exposed to Domestic Violence: An Examination of the Domestic Violence Safety Threat Criteria in Child Welfare By Amber M. Alexander April 2024 The documented long lasting effects of witnessing domestic violence as a child underscores the urgent need for comprehensive support and prevention measures to break the cycle of violence and protect vulnerable children.
How DCFS Appeals Can Give Law Students Valuable Litigation Experience By Joe Lehman June 2024 The rules of the Illinois Department of Children & Family Services allow non-lawyers to appear before administrative law judges. Law students and firms that employ them should capitalize on this allowance to give law students valuable litigation experience. 
Interesting Intersection in Illinois Laws By Dakotah L. Hubler April 2024 An analysis of a case in which the longstanding Juvenile Court Act of 1987 intersected with the new Pretrial Fairness Act.
International Child Abduction: An Overlooked Form of Abuse By Sean P. Sullivan April 2024 When a child is wrongfully detained in a foreign country by a parent, it can seem overwhelming and daunting for the custodial parent to imagine how they would ever get their child back. 
An Interview with Marion County State’s Attorney, Timothy J. Hudspeth By Jessica N. Hudspeth April 2024 A Q-&-A with Marion County State's Attorney Timothy J. Hudspeth.
New Law Ensures That Children Can Only Be Prosecuted With Violations of Illinois Law for Actions Committed in Illinois By Scott F. Main January 2024 The Illinois Supreme Court concluded in In re Kelan W. that the plain language of the Juvenile Court Act permitted charging a kid with violating any state or federal law and that it did not matter where the act occurred.
New Law Supports Recovery for Youth Trafficking Survivors By Tayler Matthews January 2024 A new law, Public Act 103-0191, follows federal sentencing reform efforts to amend the unfair sentencing practices that impact criminalized youth trafficking survivors.
Outline of the Administrative Appeal Process for a Department of Children and Family Services Administrative Appeal By Lori G. Levin April 2024 The Illinois Abused and Neglected Child Reporting Act authorizes the Department of Children and Family Services to take actions to protect the health, safety, and best interests of children where they are vulnerable to abuse and neglect.
Parenting and Alcohol Addiction By January Stramaglia June 2024 In Hines v. Lozano, the court refines and affirms its ability to restrict parenting time based upon alcohol or drug addiction.
Parenting Coordinators and Rule 909 By Anna Aguilar & Erin Wilson June 2024 As defined by Illinois Supreme Court Rule 909(b), a parenting coordinator is for coparents who are unable or unwilling to cooperate in making parenting decisions, communicate effectively with regards to issues involving their children, implement and comply with parenting agreements and orders, or shield their children from the impact of parental conflict.
Racial Equity and Children’s Rights in the Juvenile Justice System By Elizabeth Clarke & Bridget Schott January 2024 An introduction to the issue from two co-editors.
Restrictions on Parenting Time: How the Court Protects Children from Serious Endangerment By Dayna L. Perlut June 2024 Before a court can put a restriction on a parent’s parenting time, the court must conduct a hearing and at that hearing find by a preponderance of the evidence that a parent engaged in conduct that seriously endangered the child’s mental, moral or physical health or that significantly impaired the child’s emotional development.
So Guardians ad Litem Can Now File Pleadings ‘Relating to Procedural Matters’ – But Should or Will They? By Marc A. Bangser June 2024 In January 2024, the Illinois Marriage and Dissolution of Marriage Act was modified to allow guardians ad litem to "file pleadings relating to procedural matters."
Troubling Conditions in Juvenile Detention Centers By Elizabeth Clarke January 2024 In December 2023, the Illinois Department of Juvenile Justice published reports from its annual juvenile detention center inspections, finding that only three of the centers were found in compliance with minimum standards.
You Can’t Get Blood From a Turnip: Public Act 103-0379 and Eliminating Court Fines, Fees, and Assessments for Juveniles By Bridget Schott January 2024 An overview of Public Act 103-0379, which pivots Illinois away from trying to collect fees from court-involved juveniles.