Tag Archives: child abuse

Proving Emotional Abuse When Determining Allocation of Parental ResponsibilitiesThe legal definition of domestic abuse is not limited to physical attacks. A spouse or parent can verbally abuse others through harassing and demeaning behavior. Examples of emotional abuse include:

  • Insults;
  • Foul Language;
  • Threats;
  • Intimidation; and
  • Words meant to humiliate or isolate someone.

During a divorce, one parent may argue that the other parent is abusive and should have limited time with their children. Even without a criminal conviction, the court can consider a parent’s abusive nature in determining the allocation of parental responsibilities. However, emotional abuse is more abstract than physical abuse because there are no visible injuries. You must plan how you will present your evidence in order to prove that your spouse is emotionally abusive.

Evaluations

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mandated-reporterMany individuals who work or interact with children are mandated reporters. This means that as part of their positions, they are required to report any suspicions of child abuse or neglect to the Illinois Department of Children & Family Services (DCFS). These individuals are held to this responsibility by the Abused and Neglected Child Reporting Act. Having DCFS investigate a report of suspected child abuse or neglect involving you can be at best, embarrassing and frustrating. At worst, it can be used to permanently alter you child custody or visitation order. Preserve your relationship with your child by having your case fairly represented in court by an experienced family attorney.

Mandated Reporters Include the Following:

Most individuals who work in health care, social work, education, and law enforcement are mandated reporters under Illinois law. The list of positions that require individuals to report cases of suspected child neglect and abuse included in the law is fairly exhaustive and includes, but is not limited to, the following positions:

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Illinios divorce attorney, Illinois family law attorney, parental rights,A Missouri mother whose teenaged son became a temporary ward of Illinois after a local judge found that she interfered with his medical treatment is fighting back. She has rallied support from Missouri lawmakers, who are considering legislation that would protect guardians from abuse charges when they seek a second opinion from a licensed health care provider and follow that provider’s treatment advice.

The Illinois court’s decision to place the Missouri teen in temporary protective custody due to alleged child medical neglect is not the first – or last – of its kind (although the fact that Illinois is not the teen’s home state does distinguish his case from some of the others). Similar cases have appeared elsewhere across the United States. For example, the Connecticut Supreme Court recently held that the state can require a 17-year-old girl to receive chemotherapy treatment.

The Connecticut case involves a single mother whose daughter refused to continue treatment for a terminal type of cancer. While the mother believed that her daughter was mature enough to make that decision for herself, state officials disagreed. The teenager is now a temporary ward of the state and is receiving chemotherapy treatments against her wishes.

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Illinios legislature, Illinios family law attorney, Illinios child protection laws, Every year the Illinois legislature passes new laws that affect the rights and obligations of state citizens. There are nine new Illinois family-related laws for 2015:

  1. Sixteen-year-olds can be placed in temporary custody with the Department of Children and Family Services for delinquency (committing minor crimes). The age threshold used to be 15 years old.
  2. Amendments to the Child Care and Adoption Act address civil unions and expand the definition of “relative” to include great-grandparents, step-grandparents and cousins.
  3. There is now a Statewide Youth Advisory Board and regional youth advisory board to advise the Department of Children and Family Services on foster services.
  4. Amendments to the Adoption Act provide that an adult adopted person’s birth parent who is named on the original birth certificate may only request a non-certified copy if he or she complies with certain procedural requirements.
  5. The Children’s Advocacy Center Act created accredited children’s advocacy centers throughout Illinois that are responsible for investigating child sexual abuse cases. Amendments to this law expanded their authority to child maltreatment cases. “Child maltreatment” includes certain criminal offenses committed against children and specific violations of the Children and Family Services Act and the Juvenile Court Act.
    1. Children and Family Services Act created the Department of Children and Family Services, which provides social services to Illinois children and their families.
    2. The Juvenile Court Act provides protections to children who are the subject of court proceedings, such as in child custody cases or in instances where children act as witnesses.
  6. Amendments to the Probate Act imposed additional requirements on guardianship petitions for adults with disabilities. For example, the report accompanying the petition must include more information about the people who evaluate the disabled person (to ensure that the evaluation they performed is credible).
  7. The Children and Family Services Act requires the Department of Children and Family Services to provide certain data in its annual report and case tracking system regarding families that are subject to safety plans, and to track specific safety plans.
  8. Amendments to the Child Care Act require the Department of Children and Family Services to provide the Illinois General Assembly with an annual progress report.
  9. Amendments to the Children and Family Services Act allow the Department of Children and Family Services to place children with “fictive kin,” who do not have to become foster parents. “Fictive kin” are people who have close ties to the children or families but are not blood relatives or related by marriage.
Our experienced Kane County family law attorneys keep abreast of changes to Illinois and federal family laws. Contact us today for a consultation if you have any questions regarding your rights and obligations under these new laws. We can assist those in the St. Charles area.

spanking, Illinois child abuse laws, Illinois family law attorney,When their children misbehave, some parents do not think twice about spanking them. However, it might be wise to think twice in certain situations, as doing so could result in criminal charges, or could lead a custodial parent to lose custody.

Spanking is permitted in Illinois, but not in excessive doses. Child discipline can quickly become child abuse when parents, immediate family members, or any person responsible for a child’s welfare inflicts excessive corporal punishment. Spanking is only one example. Others include slapping, hitting and shoving.

The problem is recognizing the line between acceptable and unacceptable corporal punishment. Unfortunately the law is not clear. The Illinois Supreme Court has held that parents may use corporal punishment as long as it conforms to the “reasonableness” standard. But what is reasonable in one parent-child situation might not be reasonable in a different parent-child situation. Ultimately, determining “reasonableness” is a fact-based inquiry.

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Goostree Law Group

Goostree Law Group

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St. Charles, IL 60174

 630-584-4800

 400 S. County Farm Road, Suite 300
Wheaton, IL 60187

 630-407-1777

Our Illinois divorce attorneys represent clients in Kane County, DuPage County, Kendall County and DeKalb County, including Geneva, Batavia, St.Charles, Wayne, Wasco, Elburn, Virgil, Lily Lake, Aurora, North Aurora, Elgin, South Elgin, Bartlett, Crystal Lake, Gilberts, Millcreek, Maple Park, Kaneville, LaFox, Yorkville, Oswego, Plano, Sugar Grove, Big Rock, Bristol, Newark, DeKalb, Sycamore, Naperville, Wheaton, West Chicago, Winfield, Warrenville, Downers Grove, Lombard, Oak Brook, Streamwood, Hoffman Estates, Barrington, South Barrington, Lake Barrington, Schaumburg, Big Grove, Boulder Hill, Bristol, Joliet, Kendall, Lisbon, Minooka, Montgomery, Plainfield, Sandwich, Yorkville and many other cities.

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