2010 Articles

Anticipatory neglect—Protecting children or going too far? By Nicole Onorato March 2010 It is well-established law that parents have a fundamental constitutional right to the care, custody and control of their children, and this right is given great deference and protection by our laws. However, in the context of child abuse and neglect, this right is subject to termination.

Case law update By Carly Shainker December 2010 A list of recent cases affecting child law practitioners.

Child Law Report: Illinois 96TH General Assembly By Linda S. Coon December 2010 A summary of new laws of major interest to the ISBA's Child Law Section Council.

Dischargeability of child representative and guardian ad litem fees in bankruptcy By Arthur W. Rummler March 2010 This article will review the dischargeability of certain divorce-related debts and explore a recent decision that applies the amended law to dischargeability of child representative and guardian ad litem fees incurred during a divorce case.

Early access to counsel for youth in detention By Elizabeth Clarke November 2010 A new law requires a minor be given adequate time with counsel before a detention hearing.

Europe adopts proportionality as standard for juvenile justice By Elizabeth Clarke November 2010 The European Rules require that sanctions/punishment must depend on the gravity of the offense committed, and take into account the youth’s age, physical and mental well-being, development, capacities and personal circumstances.

Helpful changes to the Probate Act By John Halloran September 2010 The amendments to the Probate Act, which become effective early next year, will provide definitive answers for practitioners and will protect the rights of parents and the best interests of minor children.

Interview with an umpire: What lawyers need to know about juvenile court By Hon. Zina Cruse June 2010 An interview between Judge Zina Cruse and Judge James Radcliffe (Ret.).

ISBA members—You too can be involved in the solution By John Halloran November 2010 Join us at the ISBA's Midyear Meeting on December 9th for our CLE program, “Pro Bono Basics for Assisting Youth in Need."

Letter from the Chair By Christina Schneider September 2010 A message from Section Chair Christina Schneider.

More parents for more children: The modernization of adoption By Joseph F. Emmerth, IV December 2010 A look at the two adoption cases heard in In re Petition of K.M.

National report highlights Redeploy Illinois By Elizabeth Clarke November 2010 A recently released research brief highlights Redeploy Illinois as a key example of a successful state program to reduce juvenile justice spending without compromising public safety.

Putative Father Registry—A primer By Christina Schneider & Don C. Hammer March 2010 The Putative Father Registry (“PFR”) was established by the Illinois Legislature as part of broad changes that were made to the Illinois Adoption Act in 1994.

Research finds probation as effective as incarceration in preventing repeat offending with serious offenders By Elizabeth Clarke & Mary Reynolds June 2010 A recent study of youth who committed major felony offenses shows that incarceration is no more effective than community-based treatment.

Setting child support—Part I By Sara A. Stolberg June 2010 The first in a series of articles that help identify common issues in determining child support.

Spotlight on community services: Rainbows By Nicole Onorato December 2010 The first article in a series that will highlight community organizations providing services to children above and beyond what's considered traditional.

The urgent need for juvenile justice reform By Mark D. Hassakis November 2010 A look at the problems facing Illinois' juvenile justice system.

Victim-offender mediation: An alternative By Don C. Hammer September 2010 During Victim-offender mediation, the victim has an opportunity to confront the offender and explain to the offender the effect of the crime on the victim’s life. The offender gets to see first-hand the effect of his actions on another person and to take responsibility for what he has done.

When a parent fails to exercise his or her parenting time By Sean McCumber & Hon. Harry E. Clem June 2010 What is a custodial parent to do when the non-custodial parent fails to exercise his or her designated parenting time with the minor children?