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Chapter 1 — Introduction to Juvenile Justice
- I. [1.1] Scope of Chapter
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II. Juvenile Court History and Philosophy
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III. [1.10] Goals of Juvenile Justice
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IV. [1.15] Major Supreme Court Cases
- [1.16] In re Gault
- [1.17] Kent v. United States
- In re Winship
- [1.18] The Decision
- [1.19] Impact
- [1.20] Standard of Proof in Termination-of-Parental-Rights Cases
- McKeiver v. Pennsylvania
- [1.21] The Decision — Jury Trials
- [1.22] Impact
- [1.23] Other Supreme Court Decisions
- [1.24] Juvenile Detention
- [1.25] Capital Punishment
- [1.26] Media Coverage
- [1.27] Fathers of Children Born Out of Wedlock
- [1.28] Children as Witnesses
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V. The Illinois Juvenile Court Act
- [1.29] Statutory Overview
- [1.30] Jurisdictional Categories
- [1.31] Abused, Neglected, or Dependent Minors — Article II
- [1.32] Minors Requiring Authoritative Intervention — Article III
- [1.33] Addicted Minors — Article IV
- Delinquent Minors — Article V
- [1.34] Age
- [1.35] Nature of the Offense
- [1.36] Minor offenses
- [1.37] Serious offenses
- [1.38] Excluded offenses
- Transfers
- [1.39] Mandatory transfer
- [1.40] Presumptive transfer
- [1.41] Discretionary transfer
- [1.42] Extended jurisdiction
- [1.43] Habitual and Violent Juvenile Offenders
- [1.44] Stages of Juvenile Procedure
- [1.45] Pre-Adjudication
- [1.46] Arrest or Taking into Custody
- [1.47] Station Adjustment
- [1.48] Detention Screening and Probation Adjustment
- [1.49] Detention or Shelter-Care Hearing
- Adjudication
- [1.50] The Petition
- [1.51] Adjudicatory Hearing
- Disposition
- [1.52] Dispositional Hearing
- [1.53] Dispositional Orders
- [1.54] Probation
- [1.55] Commitment to Illinois Department of Juvenile Justice
- [1.56] Placement
- Post-Dispositional Stage
- [1.57] Court Review
- [1.58] Permanency Plan
- [1.59] Termination of Parental Rights
- [1.60] Appeals
- Attorneys in Juvenile Court
- [1.61] Appointment of Counsel
- [1.62] Role of the Attorney
- Records
- [1.63] Expungement of Records
- [1.64] Juvenile Delinquency Records
- [1.65] Child Abuse Records
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Chapter 2 — Diversion and Pre-Adjudication Disposition
- I. [2.1] Brief Overview of Juvenile Arrest Process
- II. [2.2] Diversion History
- III. [2.3] Diversion Rationale
- IV. [2.4] Eligibility
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V. [2.5] Pre-Arraignment Diversion
- VI. [2.10] Pre-Adjudication Diversion
- VII. [2.11] Treatment Alternatives for Safe Communities
- VIII. [2.12] Knowing the Minor-Client
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IX. [2.13] Collateral Considerations Underscoring the Need for Diversion
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Chapter 3 — Transfer of Jurisdiction
- I. [3.1] Introduction — Conceptual and Historical Backdrop
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II. [3.2] Excluded Jurisdiction
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III. [3.5] Transferred Jurisdiction
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IV. Procedural Protections and Strategic Considerations at Transfer Hearings
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V. [3.12] Extended Jurisdiction Juvenile Prosecutions
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VI. Appellate Issues
- VII. [3.17] Conclusion
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Chapter 4 — Trials
- I. [4.1] Introduction — Juvenile Justice Terminology
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II. Prehearing Matters
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III. Pretrial
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IV. Trial Practice
- [4.16] In General
- Right to Jury
- [4.17] In General
- Special Categories for Jury Trials
- [4.18] Habitual Juvenile Offenders
- [4.19] Violent Juvenile Offenders
- [4.20] Extended Jurisdiction
- [4.21] First-Degree Murder
- [4.22] Jury Requirements
- [4.23] Admissibility of Evidence in Other Proceedings
- [4.24] Continuance Under Supervision
- Plea of Guilty
- [4.25] In General
- [4.26] Plea of Guilty but Mentally Ill
- [4.27] Absent Minors
- Burden of Proof
- [4.28] In General
- [4.29] Burden for Insanity Defense and Guilty but Mentally Ill
- [4.30] Finding of Delinquency
- [4.31] Appealing the Delinquency Decision
- [4.32] Trends in Trials
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V. [4.33] Trial Practice Pointers
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Chapter 5 — Proceedings After Trial, Sentencing
- I. [5.1] Introduction
- II. [5.2] Purpose and Policy of the Sentencing Hearing
- III. [5.3] Social Investigation Report
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IV. Sentencing Hearing
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V. [5.8] Sentencing Orders
- [5.9] Kinds of Sentencing Orders
- [5.10] Continuance Under Supervision
- Probation
- [5.11] Duration
- [5.12] Conditions of Probation
- [5.13] Payment of Costs and Fees
- [5.14] Commitment to the Illinois Department of Juvenile Justice
- Requirements
- [5.15] Age
- [5.16] Punishable by Incarceration if Committed by Adult
- [5.17] Social Investigation Report
- [5.18] Decision To Commit
- [5.19] Statutory Findings
- [5.20] Mandatory Commitment
- [5.21] Procedure
- [5.22] Good-Time Credit
- [5.23] Discharge from IDJJ
- [5.24] Protective Supervision and Order of Protection
- [5.25] Protective Supervision
- [5.26] Order of Protection
- [5.27] Extended Jurisdiction Juvenile Sentencing
- [5.28] Habitual Offender Sentencing
- [5.29] Violent Juvenile Offender Sentencing
- Post-Sentencing Dispositional Issues
- [5.30] Probation Revocation
- [5.31] Revocation Hearing
- [5.32] Due Process
- [5.33] Resentencing
- [5.34] Notice of Intermediate Sanctions
- VI. [5.35] Court Review
- VII. [5.36] Permanency Hearing
- VIII. [5.37] Duration of Wardship
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IX. [5.38] Appeals
- X. [5.41] Cases of Note
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Chapter 6 — Post-Disposition Review
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I. Probation Revocation
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II. [6.7] Appeals and Collateral Relief
- [6.8] Initial Matters
- [6.9] Right To Appeal
- [6.10] Rules Governing Appeals by Minors
- Perfecting Appeal
- Appeal to Appellate Court
- [6.11] From Delinquency Proceedings
- [6.12] From Other Juvenile Proceedings
- [6.13] Direct Appeal to Supreme Court
- [6.14] Appeal from Admission of Guilt
- [6.15] Appeal from Revocation of Probation
- [6.16] Expedited Appeal and Stay of Dispositional Order Pending Appeal
- [6.17] Bail While Appeal Pending
- [6.18] Confidentiality
- [6.19] Docketing Statement
- [6.20] Record on Appeal
- [6.21] Briefing Schedule
- [6.22] Motions in Reviewing Court
- [6.23] Contents of Brief
- [6.24] Oral Argument
- [6.25] Decision
- Post-Appellate Review
- [6.26] Petition for Rehearing
- [6.27] Petition for Leave To Appeal
- [6.28] Petition for Change of Custody
- [6.29] Postconviction Relief
- [6.30] Petition for Habeas Corpus
- [6.31] Petition for Certiorari
- [6.32] Clemency
- Cautionary Notes
- [6.33] Mootness
- [6.34] Waiver and Harmless Error
- [6.35] State’s Attorney’s Fee
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Chapter 7 — Status Offenses: Minor Requiring Authoritative Intervention; Truant Minor in Need of Supervision; Minor in Need of Supervision; and Addicted Minor
- I. [7.1] Scope of Chapter
- II. [7.2] Status Offenses
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III. Minors Requiring Authoritative Intervention
- The Problem of Runaway and Ungovernable Behavior
- [7.3] Runaway Behavior
- [7.4] Ungovernable Behavior
- [7.5] Jurisdiction
- [7.6] The Indian Child Welfare Act
- [7.7] Limited Custody
- [7.8] Temporary Custody
- [7.9] Interim Crisis Intervention Services
- [7.10] Alternative Voluntary Residential Placement
- [7.11] Preliminary Conference
- [7.12] Petition
- [7.13] Shelter-Care Hearing
- [7.14] Attorney and Guardian ad Litem for Minor
- [7.15] Adjudicatory Hearing
- [7.16] Dispositional Hearing
- [7.17] Service Agencies
- [7.18] Out-of-State Runaways
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IV. Truant Minors in Need of Supervision
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V. Minors Involved in Electronic Dissemination of Indecent Visual Depictions in Need of Supervision
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VI. Addicted Minors
- VII. [7.45] Conclusion
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Chapter 8 — Neglected, Abused, and Dependent Children — Pretrial Issues
- I. [8.1] Scope of Chapter
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II. How Cases Get to Court
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III. The Temporary Custody Hearing
- [8.5] Summary of the Temporary Custody Hearing
- [8.6] The Petition for Adjudication of Wardship and Other Materials Available at the Temporary Custody Hearing
- [8.7] Parties to the Proceedings
- Issues in the Initial Hearing
- [8.8] Overview
- [8.9] The Issue of Probable Cause
- [8.10] Characteristics of a Protective Order
- [8.11] Characteristics of an Order of Continuance Under Supervision
- [8.12] The Issue of Urgent and Immediate Necessity
- [8.13] The Issue of Reasonable Efforts
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IV. Rights of Parents Whose Children Have Been Removed by the Court
- V. [8.19] Legal Procedures To Be Completed Before Trial
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VI. Pretrial Discovery
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VII. Motions Parents May File Before Trial
- VIII. [8.26] Motions for Early Termination of Reasonable Efforts
- IX. [8.27] Conclusion
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X. Appendix
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Chapter 9 — Neglected, Abused, and Dependent Children — Trial
- I. [9.1] Scope of the Chapter
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II. Neglect of a Child
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III. Abuse of a Child
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IV. Dependency
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V. Evidence
- [9.15] Generally
- [9.16] Prima Facie Evidence
- [9.17] Battered Child Syndrome
- [9.18] Failure To Thrive Syndrome
- [9.19] Fetal Alcohol Syndrome
- [9.20] Withdrawal Syndrome/Presence of Controlled Substances in Newborn
- [9.21] Res Ipsa Loquitur
- [9.22] Repeated Drug Use
- [9.23] Anticipatory Abuse/Neglect
- [9.24] Documentary Evidence
- [9.25] Previous Statement of Minor
- [9.26] Competency of Child Witnesses
- [9.27] Privileged Communications
- [9.28] Improvement of Minor’s Emotional Health
- [9.29] School Attendance
- [9.30] Judicial Notice of Prior Sworn Testimony or Evidence
- [9.31] Evidence Without Personal Appearance
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Chapter 10 — Neglected, Abused, and Dependent Children — Dispositions and Permanency
- I. [10.1] Scope of Chapter
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II. General Provisions
- [10.2] Definitions
- [10.3] Rights of the Parties to the Proceedings
- Rights of Foster Parents and Relative Caregivers
- [10.4] Right To Be Heard as Nonparty
- [10.5] Right to Notice
- [10.6] Right To Bring Mandamus Action
- [10.7] Right To Petition for Custody Before Return of Minor to Parents
- [10.8] Standing and Intervenor Status upon Removal of Minor from Foster Home
- [10.9] Standing and Intervenor Status in Minor’s Best Interests
- [10.10] Rights of Other Nonparties
- Confidentiality of the Proceedings
- [10.11] Exclusion of General Public from Hearings
- [10.12] Admission of the Media and Those with Direct Interests
- [10.13] First Amendment Considerations
- [10.14] Inspection of Law Enforcement and Court Records
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III. The Dispositional Hearing
- [10.15] Purposes and Necessity
- Scheduling the Dispositional Hearing
- [10.16] General Requirement of Expedited Hearings
- [10.17] Statutory Mandate To Conduct Hearing Within 30 Days of Adjudication
- [10.18] Continuances
- [10.19] Waiver of Time Limits
- [10.20] Priority When Minor Removed from Home
- Notice of the Dispositional Hearing
- [10.21] Generally
- [10.22] Waiver of Formal Notice
- [10.23] Actual Appearance May Excuse Formal Notice
- [10.24] Separate Adjudicatory and Dispositional Hearings
- Evidence To Be Considered at the Dispositional Hearing
- [10.25] Generally
- [10.26] Hearsay
- [10.27] Reports
- [10.28] Prior Proceedings
- [10.29] Matters Beyond the Conditions Triggering Removal
- [10.30] Record of Prior Continuances Under Supervision
- [10.31] Presumption Against Improper Evidence
- Responsibilities of Counsel
- [10.32] Administration of Proceedings in a Spirit of Humane Concern
- [10.33] Minimum Qualifications for All Appointed Counsel
- [10.34] Responsibilities of Counsel for the Minor
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IV. The Dispositional Order
- [10.35] The Placement Decision: Parental Rights and the Child’s Health, Safety, and Best Interests
- [10.36] Standard of Proof
- [10.37] Wardship
- [10.38] Choice of Disposition Within the Sound Discretion of the Court
- [10.39] Options upon Wardship Determination
- Considerations in Choosing a Disposition
- [10.40] Statutory Factors To Consider Before Removing a Child from the Home or Keeping the Child Out of the Home
- Matters Relating to the Decision To Place a Child Outside the Home
- [10.41] Rights of Parent Not Responsible for Neglect, Abuse, or Dependency
- [10.42] Responsibility for Abuse
- [10.43] Separation of Guardianship and Custody
- [10.44] Weighing the Effects of Foster Care on the Child’s Interests
- [10.45] Minor’s Opinion
- [10.46] Availability of Protective Orders When Parents Found Fit
- Other Matters Relating to the Dispositional Decision
- [10.47] Religious Considerations
- [10.48] Native Americans
- [10.49] Prohibition on Placing Delinquent Minors over Age 15 with DCFS
- [10.50] Out-of-State Placements
- [10.51] Time Limit on Placement in 705 ILCS 405/2-4(1)(c) Dependency Cases
- [10.52] Licensed Facilities
- [10.53] Secure Child Care Facilities
- [10.54] Payment of Costs
- [10.55] Placement costs
- [10.56] Fee of guardian ad litem
- [10.57] Restitution
- [10.58] Order To Attend School
- [10.59] Medical Treatment: “Do Not Resuscitate” Order
- [10.60] Other Orders Against Nonparties
- Other Dispositional Hearing Requirements
- [10.61] Necessity of Written Findings When Parents Found Unfit
- [10.62] Inquiry Regarding Termination of Parental Rights
- [10.63] Admonishments to Parents
- [10.64] Coordination with Other Pending Proceedings Affecting Custody of the Child
- Early Termination of Parental Rights or Reasonable Efforts
- [10.65] Termination of Parental Rights at the Dispositional Hearing
- [10.66] Early Termination of Reasonable Efforts
- Return of the Child to the Parents After Placement Outside the Home
- [10.67] Necessity of Hearing, Findings, and Order
- [10.68] Restoration of Custody to a Parent Following Neglect or Abuse Finding
- [10.69] Restoration of Custody to a Parent Following Dependency Finding
- [10.70] Relationship with Permanency and Court Review Hearings
- Parent-Child and Sibling Visits
- [10.71] DCFS Responsibility To Develop Visiting Plans
- [10.72] Court Authority To Regulate Parent-Child Visits
- [10.73] Review of Visiting Plans
- [10.74] Reasons for Restricting Visits
- [10.75] Required Visits
- [10.76] Visits for Former Foster Parents
- [10.77] Parental Cooperation
- [10.78] Protective Orders
- [10.79] 705 ILCS 405/2-24: Protective Supervision
- 705 ILCS 405/2-25: Order of Protection
- [10.80] Generally
- [10.81] Specific Bases
- DCFS Rights and Responsibilities Relating to Disposition
- [10.82] Services Under the Service Plan
- [10.83] No Specific Orders Regarding Services or Placement
- [10.84] Orders Regarding Payment for Services
- [10.85] Reasonable Basis for Services
- [10.86] Order To Remove Caseworker
- [10.87] Services and Permanency Goal Must Be Reasonably Calculated To Achieve Purpose Sought
- [10.88] Concurrent Planning
- [10.89] Setting the Permanency Hearing
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V. Continuance Under Supervision as a Dispositional Alternative
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VI. Modification of Dispositional Orders
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VII. Court Review and Permanency Hearings
- [10.102] Purpose and Necessity
- [10.103] Periodic Court Reviews at Discretion of the Court
- Permanency Hearings
- [10.104] General Considerations and Scheduling
- [10.105] Notice of Hearing
- Reports Filed with the Court
- [10.106] Service Plan
- [10.107] Additional Written Information and Caseworker Testimony
- [10.108] Permissible Permanency Goals
- [10.109] Considerations in Selecting a Permanency Goal
- [10.110] Best Interests of the Child
- [10.111] Reasonable Efforts and Reasonable Progress
- [10.112] Motion To Terminate Parental Rights Not a Consideration in Goal Selection
- [10.113] No Additional Services for Parents When Return Home Ruled Out
- [10.114] Guardianship
- Additional Considerations at the Permanency Hearing: The Service Plan
- [10.115] Review of the Service Plan
- [10.116] Review of the Sibling Contact Support Plan
- [10.117] Standard of Review
- [10.118] When Services Are Not Sufficient
- [10.119] Contact Between Children and Parents Whose Rights Have Been Terminated
- The Permanency Order
- [10.120] Determinations To Be Made
- [10.121] Findings When Return Home Is the Permanency Goal
- [10.122] Written Findings Necessary; Standard of Proof
- [10.123] Court Discretion in Selecting or Changing Permanency Goals
- [10.124] Permanency Hearings Before Hearing Officers
- [10.125] Change of Custody Determinations
- [10.126] Generally
- [10.127] Motion for Appointment of Private Guardian
- [10.128] Motion To Terminate Parental Rights
- [10.129] Reasonable Efforts To Locate Parents After Termination of Parental Rights
- [10.130] Restoration of Custody to Parents
- [10.131] Petition To Terminate Guardianship or Custody at Age 18
- [10.132] Right of Mandamus
- [10.133] Reinstatement of Parental Rights
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VIII. Duration of Wardship
- [10.134] Child’s Age at the Time of Disposition
- [10.135] Automatic Termination at Age 19
- [10.136] Termination When Wardship No Longer Required
- [10.137] Definite Period of Wardship Need Not Be Specified
- [10.138] Automatic Termination Order Improper
- [10.139] Continuation of Custodian or Guardian After Wardship
- [10.140] Reinstatement of Wardship
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IX. Appeals
- [10.141] Procedures Governing Appeals Involving Custody Decisions
- [10.142] Notice of Right To Appeal
- [10.143] Final and Nonfinal Orders
- [10.144] Adjudicatory Orders
- [10.145] Dispositional Orders
- [10.146] Modifications of Dispositional Orders
- [10.147] Permanency Orders
- [10.148] Orders Denying Petitions To Terminate Parental Rights
- [10.149] Orders Assigning a Private Guardian
- [10.150] Orders Refusing Requests To Return Child to Former Foster Parent
- [10.151] Orders Denying a Petition To Adopt
- [10.152] Close Orders
- [10.153] Filing the Notice of Appeal
- [10.154] Jurisdiction After Appeal
- [10.155] Right to Counsel on Appeal
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X. Court-Appointed Special Advocates
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XI. [10.158] Additional Resources
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Chapter 11 — Termination of Parental Rights
- I. [11.1] Scope of Chapter
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II. [11.2] Voluntary Termination of Parental Rights
- [11.3] Surrender and Consent
- [11.4] Surrender and Consent Distinguished
- [11.5] Surrender to an Agency for Adoption
- [11.6] Consent to Adoption
- [11.7] Consent to Adoption by Specified Persons
- [11.8] Surrender and Consent Forms
- Executing a Surrender or Consent Form
- [11.9] Irrevocability
- [11.10] Fraud, Duress, Violation of Public Policy
- [11.11] Statute of Limitations
- [11.12] Time for Taking Surrender or Consent
- [11.13] Indian Child Welfare Act — Special Rules
- [11.14] Adjudication of Dependent Minor and Appointment of Guardian with Power To Consent to Adoption for “Good Cause”
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III. Involuntary Termination of Parental Rights: Parental Unfitness
- [11.15] “Unfitness” Defined
- [11.16] Application of Unfitness Grounds to Other Children in the Home
- [11.17] Time Frame for Determining Unfitness
- Grounds for Unfitness (750 ILCS 50/1D(a) – 50/1D(t))
- [11.18] Grounds a, a-1, and a-2 — Abandonment
- [11.19] Ground b — Failure To Maintain a Reasonable Degree of Interest, Concern, or Responsibility
- [11.20] Ground c — Desertion
- [11.21] Ground d — Substantial Neglect of the Child if Continuous or Repeated
- [11.22] Ground d-1 — Substantial Neglect, if Continuous or Repeated, of Any Child Residing in the Household That Resulted in the Death of That Child
- [11.23] Ground e — Extreme or Repeated Cruelty to the Child
- [11.24] Ground f — Two or More Findings of Physical Abuse to Any Child, a Criminal Conviction or Finding of Not Guilty by Reason of Insanity Resulting from the Death of Any Child by Physical Child Abuse, or a Finding of Physical Child Abuse Resulting from the Death of Any Child
- [11.25] Ground g — Failure To Protect the Child from Conditions in the Environment Injurious to the Child’s Welfare
- [11.26] Ground h — Other Neglect of or Misconduct Toward the Child
- [11.27] Ground i — Depravity
- [11.28] Ground j — Open and Notorious Adultery or Fornication
- Ground k — Habitual Drunkenness or Addiction to Drugs
- [11.29] Habitual Drunkenness or Addiction to Drugs for More than One Year
- [11.30] Birth of a Second or Subsequent Substance-Exposed Infant
- [11.31] Ground l — Failure To Demonstrate a Reasonable Degree of Interest, Concern, or Responsibility as to the Welfare of a Newborn Child During the First 30 Days After Birth
- [11.32] Ground m — Failure To Make Reasonable Efforts To Correct the Conditions That Led to the Removal of the Child or To Make Reasonable Progress Toward the Return of the Child Within a Nine-Month Period
- [11.33] Failure To Comply with DCFS Service Plans
- [11.34] Relitigating Adjudicatory Issues at Ground m Unfitness Hearings
- [11.35] Ground m-1 — Child in Foster Care for 15 Months Out of Any 22-Month Period
- [11.36] Ground n — Evidence of Intent To Forego Parental Rights as Manifested by Failure for a 12-Month Period To Visit the Child, To Communicate with the Child or Agency, or To Maintain Contact with or Plan for the Child’s Welfare or Failure of Putative Father To Establish Paternity or Assist Mother with Costs of Birth and Support
- [11.37] Ground o — Continuous or Repeated Failure To Provide Adequate Food, Clothing, or Shelter
- [11.38] Ground p — Inability To Discharge Parental Responsibilities Due to Mental Illness or Retardation or Developmental Disability
- [11.39] Former Ground q — Criminal Conviction of Aggravated Battery, Heinous Battery, or Attempted Murder of Any Child
- [11.40] Ground r — Incarcerated Parent with Little or No Contact with or Support of Child
- [11.41] Ground s — Repeated Incarceration of Parent
- [11.42] Ground t — Second or Subsequent Substance-Exposed Newborn Infant
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IV. Pleadings, Parties, and Notice
- [11.43] When To File Petition or Motion
- [11.44] Requesting Judicial Recusal
- [11.45] Expedited Termination of Parental Rights
- [11.46] Pleading Requirements
- Parties Respondent in a Termination Proceeding
- [11.47] Parents
- [11.48] Legal, Putative, and Unknown Fathers
- [11.49] Child
- [11.50] Legal Guardian
- [11.51] Other Relatives
- [11.52] Notice and Summons
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V. Right to Counsel — Trial
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VI. Trial Procedure
- [11.56] No Jury Trial Permitted
- [11.57] Discovery
- Consolidated Hearings
- [11.58] Generally
- [11.59] Consolidation of Trials — Multiple Parties
- [11.60] Parent’s Right To Be Present
- Evidence
- [11.61] Application of the Civil Rules of Evidence
- [11.62] Juvenile Court Act — Special Rules of Evidence Apply
- [11.63] Stipulations
- Burden of Proof
- [11.64] Clear and Convincing Evidence
- [11.65] Native American Child — Special Rules
- [11.66] Best Interests of the Child
- VII. [11.67] Effect of Order Terminating Parental Rights
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VIII. Appealing from an Order Terminating Parental Rights
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IX. Sample Pleading and Order
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Chapter 12 — Rights and Responsibilities of the Guardian ad Litem
- I. [12.1] Scope of Chapter
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II. [12.2] Appointment
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III. Conflicts of Interest
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IV. [12.7] Duties of a Guardian ad Litem
- Guidance from the Illinois Legislature
- [12.8] Best-Interests Factors
- [12.9] Client Contact
- [12.10] Guardian ad Litem Training
- [12.11] Reviewing Records
- [12.12] Rights of the Child as a Party
- [12.13] Child’s Right To Be Present in Court
- Other Sources of Law That Guide the Guardian ad Litem
- [12.14] Illinois Supreme Court Rule 907
- [12.15] Federal and State Statutes, Regulations, and Caselaw
- [12.16] Consent Decrees
- [12.17] DCFS Rules, Procedures, and Policy Guides
- [12.18] Child and Youth Investment Team Meetings
- [12.19] Educational Services
- Administrative Appeals Process
- [12.20] Administrative appeals of service and placement issues
- [12.21] DCFS decisions regarding child abuse investigations
- [12.22] Child as subject-victim of a DCP investigation
- [12.23] Child as alleged perpetrator of a DCP investigation
- V. [12.24] Other Types of Information with Which the GAL Must Be Familiar
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VI. [12.25] Interview of the Child
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VII. [12.35] How a Case Moves Through Juvenile Court
- [12.36] Temporary Custody/Shelter-Care Hearing
- [12.37] Court Family Conference
- [12.38] Adjudication
- [12.39] Preparation for Adjudication
- [12.40] Client Contact and Counseling
- [12.41] Discovery Issues
- [12.42] Confidentiality of Records
- [12.43] Consent for Release of Information
- [12.44] Court Order
- [12.45] Rerelease of Confidential Records
- [12.46] Child Witness
- [12.47] Dismissal of All or Part of the Petition
- [12.48] Dispositional Hearing
- [12.49] Termination of Parental Rights
- [12.50] Filing of the Petition
- [12.51] Interviewing the Child and Foster Parent
- [12.52] Reinstatement of Parental Rights
- [12.53] Reinstatement of Wardship
- [12.54] Permanency Hearings
- [12.55] Motions for Changes in Visitation and/or Return Home
- [12.56] Case Closure
- Other Motions/Issues
- [12.57] Removal of the Caseworker, Agency, or Other Service Provider
- [12.58] Right to Adequate Placement and Services
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VIII. [12.59] Child Witness
- Legal Issues
- [12.60] Can a Child Be Forced To Testify?
- [12.61] Right to Confrontation
- [12.62] When Testifying May Not Be in a Child’s Best Interests
- [12.63] When a Child Wants To Testify
- [12.64] When a Child Will Be Deposed Before Testifying in Court
- [12.65] Advocating for a Child When the Child Testifies
- Suggestions for Preparing a Child Witness
- [12.66] Minimize Emotional Trauma
- [12.67] Prepare for Testimony in Chambers
- [12.68] Prepare for Direct Examination by Another Party or by the Court
- [12.69] Provide the Child with Ground Rules
- [12.70] Use Developmentally Appropriate Language
- [12.71] Conventional Systems of Measurement
- [12.72] Time
- [12.73] Body Parts and Functions
- [12.74] Colors
- [12.75] Locations
- [12.76] Kinship Terms
- [12.77] Number Skills
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IX. Pitfalls and How To Avoid Them
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X. Appendix
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Chapter 13 — Federal Juvenile Law and Practice
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Chapter 14 — Minors’ Rights to Medical and Mental Health Treatment
- I. [14.1] Scope of Chapter
-
II. [14.2] Minors’ Right to Medical Treatment
- [14.3] Parental and Guardian Consent
- [14.4] Nontraditional Households
- [14.5] Minors with Legal Guardians
- [14.6] Exceptions to Parental Consent
- [14.7] Emergency
- [14.8] Minor Victim of Sexual Abuse
- [14.9] Emancipation — Maturity
- [14.10] Pregnant Minor/Consent
- When Parents Withhold Their Consent
- [14.11] Religious Objections
- [14.12] Treatment of Unborns/Newborns
- [14.13] Health Care Surrogate Act
- Illinois Statutory Treatment of Minors’ Rights Involving Specific Procedures
- [14.14] Sexually Transmitted Diseases, Communicable Diseases, and Substance Abuse
- [14.15] Chemical Abuse/Cocaine Babies
- [14.16] Communicable Disease Prevention Act
- [14.17] Prenatal Syphilis Act
- [14.18] Tuberculosis Treatment
- [14.19] AIDS/HIV
- [14.20] Contraceptives
- [14.21] Abortion
- [14.22] Surgical Intervention
- [14.23] State
- [14.24] Federal
- [14.25] Medical Intervention
- [14.26] Relinquishing Parental Rights
- [14.27] Blood Donation
- [14.28] Drug Administration in Schools
- [14.29] Body Piercing and Tattoos
- [14.30] Department of Children and Family Services Consent Decrees
- III. [14.31] Adult Access to Minors’ Medical Records
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IV. [14.32] Minors’ Right to Mental Health Treatment
- V. [14.35] Minors’ Right to Treatment While in Custody
- VI. [14.36] Conclusion
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Chapter 15 — Obtaining Services for Children — Illinois Department of Juvenile Justice
- I. [15.1] Introduction
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II. The Illinois Department of Juvenile Justice: Overview
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III. Reception
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IV. Programs of the Illinois Department of Juvenile Justice
- [15.7] Program Assignment
- [15.8] Review of Program Assignment
- [15.9] Change of Program Assignment
- [15.10] Statutory Programs of the Illinois Department of Juvenile Justice
- [15.11] Education
- [15.12] Work Training
- [15.13] Day Release
- [15.14] Authorized Absence
- [15.15] Suicide Reduction Program
- [15.16] Sexual Abuse Counseling Program and Sex Offender Prerelease Evaluation
- [15.17] Constitutionality of Day Release and Authorized Absences
- [15.18] Remedies for and Limitations on Seeking Alternative Program Assignments
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V. Facilities of the Illinois Department of Juvenile Justice
- [15.19] Initial Placement
- Institutions
- [15.20] Illinois Youth Center — Chicago
- [15.21] Illinois Youth Center — Harrisburg
- [15.22] Illinois Youth Center — Kewanee
- [15.23] Illinois Youth Center — Pere Marquette
- [15.24] Illinois Youth Center — St. Charles
- [15.25] Illinois Youth Center — Warrenville
- Special Resources
- [15.26] IDJJ Mental Health Services
- [15.27] Illinois Department of Human Services
- [15.28] Illinois State Board of Education
- [15.29] Department of Children and Family Services
- [15.30] Court Review and Post-Release Services
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VI. Transfer
- Transfer Within the Illinois Department of Juvenile Justice
- [15.31] Procedure
- [15.32] Constitutional Considerations (Due-Process Requirements)
- [15.33] Transfer from the Illinois Department of Juvenile Justice to the Illinois Department of Corrections
- [15.34] Transfer from the Illinois Department of Juvenile Justice to the Illinois Department of Human Services
- [15.35] Transfer of Wards of the Department of Children and Family Services to the Illinois Department of Juvenile Justice
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VII. Parole
- [15.36] Eligibility
- [15.37] Criteria for Recommendation of Parole
- [15.38] Procedure for Recommendation of Parole
- [15.39] Parole Plan — Role of Attorney
- [15.40] Presence of Attorney at Parole Hearings
- [15.41] Mandatory Parole Hearings
- [15.42] Mandatory Parole
- [15.43] Denial of Parole
- [15.44] Conditions of Parole or Mandatory Supervised Release
- [15.45] Revocation of Parole or Mandatory Supervised Release
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VIII. Institutional Rights
- [15.46] Services Within Juvenile Institutions
- [15.47] Clothing
- [15.48] Food Service
- [15.49] Funds of Youths
- [15.50] Healthcare
- [15.51] Mail
- [15.52] Publications
- [15.53] Personal Property
- [15.54] Religion
- [15.55] Telephone Privileges
- [15.56] Visitation
- Limitations on Disciplinary Action
- [15.57] Corporal Punishment
- [15.58] Confinement
- [15.59] Right To Confer with Counsel
- [15.60] Access to Records
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Chapter 16 — Child Protection Mediation
- I. [16.1] Overview of Child Protection or Dependency Mediation
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II. Authority for Child Protection Mediation in Illinois
-
III. [16.4] Mediation Under the Juvenile Court Act
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IV. [16.13] Use of Mediation in Child Protection Cases
-
V. [16.20] Roles of Mediators and Participants in Child Protection Mediation and Facilitation Sessions
-
VI. [16.29] Child Protection Mediation in Cook County
- [16.30] Eligible Actions
- [16.31] Issues Referred to Mediation
- [16.32] Timing of Referrals
- [16.33] Who May Request Mediation
- [16.34] Screening of Cases
- [16.35] Appointment and Qualifications of Mediators
- Scheduling
- [16.36] Order to Mediation and Facilitation
- [16.37] Scheduling and Rescheduling
- [16.38] Intake Forms
- Conduct of Conferences
- [16.39] Facilitative Mediation Model
- [16.40] Co-Mediation
- Mediation Conferences
- [16.41] Introduction and Orientation
- [16.42] Opening Statements
- [16.43] Setting an Agenda
- [16.44] Cross-Talk and Caucuses
- [16.45] Discovery
- [16.46] Participation and Sanctions
- [16.47] Termination and Report
- [16.48] Finalization of Agreement
- [16.49] Confidentiality
- [16.50] Reporting to the Supreme Court
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VII. [16.51] Developing a Child Protection Mediation Program
- VIII. [16.55] Conclusion
-
IX. Appendix
- Index
- List of Forms
-
Maryam Ahmad
Maryam Ahmad
Maryam Ahmad is the Chief of the Juvenile Justice Division of the Cook County State’s Attorney’s Office. She is a member of the Chicago Bar Association and is the General Chair of its Judicial Evaluation Committee. Ms. Ahmad earned her B.A. in French and European War History from Chatham College, her M.A. in Shakespearean Studies and English Literary Criticism from Bucknell University, and her J.D. from DePaul University College of Law.
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Bruce A. Boyer
Bruce A. Boyer
Bruce A. Boyer is the Director of the ChildLaw Clinic at the Loyola University Chicago School of Law’s Civitas ChildLaw Center. He is a former member of the Illinois Supreme Court Commission on Professionalism, a former Chair of the ABA Steering Committee on the Unmet Legal Needs of Children, and a Fellow of the American Bar Foundation. Mr. Boyer received his B.A. from Dartmouth and his J.D. from Northwestern University School of Law.
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Stephen M. Dore
Stephen M. Dore
Stephen M. Dore is an assistant public defender in the Juvenile Division of the Office of the Cook County Public Defender, where he concentrates in juvenile, civil, and mental health law. He is a member of the Chicago Bar Association. Mr. Dore received his B.A. in history from the University of Illinois and his J.D. from The John Marshall Law School.
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Thomas Esler
Thomas Esler
Thomas Esler is a solo practitioner in Skokie, with a primary focus on juvenile law. Mr. Esler received his B.A. from DePaul University and his J.D. from Loyola University Chicago School of Law.
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Alison R. Flaum
Alison R. Flaum
Alison R. Flaum is the Legal Director of the Children and Family Justice Center, which is part of the Bluhm Legal Clinic at the Northwestern Pritzker School of Law. She received the Ruth Goldman Award from the American Constitution Society in 2016 and the Seventh Circuit Bar Association Pro Bono Advocacy Award in 2014. The MacArthur Foundation Award for Creative and Effective Institutions received to the Children and Family Justice Center in 2013. Ms. Flaum received her A.B. from Brown University, her J.D. from Yale Law School, and her LL.M. in clinical advocacy from the Georgetown University Law Center.
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Kimberly M. Foxx
Kimberly M. Foxx
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Maxwell Griffin, Jr.
Maxwell Griffin, Jr.
Maxwell Griffin, Jr., is an Associate Judge in the Child Protection Division of the Juvenile Court of Cook County in Chicago. He is a member of the National Council of Juvenile and Family Court Judges, the Illinois Judicial Association, and the Illinois Judicial Council. He is an adjunct faculty member at IIT Chicago-Kent College of Law. Judge Griffin received both his B.A. and his J.D. from the University of Notre Dame.
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Lisa S. Jacobs
Lisa S. Jacobs
Lisa S. Jacobs is Program Manager for the Center for Criminal Justice Research, Policy and Practice at Loyola University Chicago. Prior to joining Loyola, she served as an Assistant Director of the Administrative Office of the Illinois Courts where she oversaw Judicial Education policy and programs. She is a gubernatorial appointee to the Illinois Juvenile Justice Commission, where she serves as Vice Chair. Ms. Jacobs received her B.A. from the University of South Dakota and her J.D. from DePaul University College of Law.
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Frank J. Kopecky
Frank J. Kopecky
Frank J. Kopecky is an Emeritus Professor at the University of Illinois Springfield. He focuses on family law. He is a member of the Board of Directors and a Past President of the Juvenile Justice Initiative and of Prevent Child Abuse Illinois. Mr. Kopecky received his J.D. from the University of Illinois College of Law.
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Mary Katharine Ludwig
Mary Katharine Ludwig
No bio available.
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Michele M. McGee
Michele M. McGee
Michele M. McGee is an attorney with the Office of the Cook County Public Guardian’s Juvenile Division. She currently works on impact litigation and provides assistance to attorneys on complex legal issues. Previously, she supervised teams of attorneys assigned to the Juvenile Division. Ms. McGee is a 1994 graduate of the DePaul University College of Law and a 1991 graduate of Mundelein College, where she graduated magna cum laude.
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Timothy F. Moran
Timothy F. Moran
No bio available.
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Catherine M. Ryan
Catherine M. Ryan
Catherine M. Ryan is the Executive Director of Maryville Academy in Des Plaines. She focuses on juvenile justice. She is a member of the Illinois State and Chicago Bar Associations and the Catholic Lawyers Guild. Ms. Ryan received her B.A. from Alverno College, her M.B.A. from DePaul University, and her J.D. from Northwestern Pritzker School of Law.
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Lawrence Schlam
Lawrence Schlam
No bio available.
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Susan M. Storcel
Susan M. Storcel
Susan M. Storcel is the Director of the Circuit Court of Cook County Child Protection Mediation and Facilitation Program in Chicago. She focuses on juvenile law and alternate dispute resolution. She is a member of the Association of Family and Conciliation Courts and the Illinois State and Chicago Bar Associations. Ms. Storcel received her B.A. from North Central College, her J.D. from DePaul University College of Law, and her mediation training from the Center for Conflict Resolution in Chicago.
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Diane N. Walsh
Diane N. Walsh
Diane N. Walsh is the legal officer for the Juvenile Justice Division of the Circuit Court of Cook County. She is an adjunct professor for Triton College and Governors State University at both the undergraduate and graduate levels. She teaches a myriad of criminal justice and juvenile justice courses. She has authored articles on juvenile justice for the Washington University Journal of Law and Policy and the Loyola University Chicago Law Journal Ms. Walsh received her B.S. from Loyola University Chicago and her J.D. from Northern Illinois University College of Law.
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Hon. Richard F. Walsh
Hon. Richard F. Walsh
No bio available.
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Anita Weinberg
Anita Weinberg
Anita Weinberg is the Director of the ChildLaw Clinic at the Loyola University Chicago School of Law’s Civitas ChildLaw Center. She was a principal drafter of the permanency and best interests provisions of the Illinois Juvenile Court Act. She is a member of the Illinois Department of Children and Family Services Advisory Council to the Director. She serves on numerous committees and councils devoted to children’s rights and has testified before congressional and state legislative committees on child welfare and health related issues. Ms. Weinberg received her B.A. from the University of Michigan, her M.S.S.W. from Columbia University, and her J.D. from Loyola University Chicago School of Law.
Juvenile Law and Practice (Illinois) (ARCHIVED 2013 EDITION)
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