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Policy and Legislation

The following are recently passed laws that are of interest to those representing abused and neglected children in Illinois.   

Sudden Infant Death (SIDS) Prevention Training

Public Act 97-0083, Effective January 12, 2012

Requires all licensed child care facility employees and licensed foster parents who care for newborns and infants to complete training every 3 years on sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS), and the safe sleep recommendations of the American Academy of Pediatrics. To read the entire act, click here.

Mandated Reporters of Abuse and Neglect

Public Act 97-0254, Effective January 1, 2012

Specifies that heath care professionals (any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, or licensed professional counselor) at offices, clinics, or any other physical location that provides abortions, abortion referrals, or contraceptives, are mandated reporters of child abuse and neglect. To read the entire act, click here.

Extending Temporary Adult Guardianship

Public Act 97-0614, Effective January 1, 2012

Permits a probate judge to extend temporary guardianship in a pre-adjudication adult guardianship case for up to 120 days if certain criteria are met. Also provides for extensions in post-adjudication scenarios. To read the entire act, click here.

Parentage of Children Conceived Curing the Commission of Certain Sex Crimes

Public Act 97-0568, Effective August 25, 2011

Amends the definition of "parent" in the Juvenile Court Act to exclude parents if they have been convicted of certain sex crimes and the child was conceived during the crime. The court, however, can conduct a best interest hearing and determine that it is in the child's best interest for the offender to be deemed a parent for purpose of the juvenile court proceedings. To read the entire act, click here.

GAL Access to Medical and Mental Health Records in Adult Guardianship Cases

Public Act 97-0375, Effective August 15, 2011

Allows guardians ad litem in adult guardianship cases to access a respondent's medical or mental health records. To read the entire act, click here.

Expanded Definition of Police Department for Infant Safe Havens

Public Act 97-0293, Effective August 11, 2011

Expands the definition of police stations that are "safe havens" for newborn infants. Now included are: municipal police stations, county sheriff's offices, campus police departments (when employees are present), and any of the district headquarters of the Illinois State Police. To read the entire act, click here.

Psychotropic Medication for Children in DCFS Guardianship

Public Act 97-0245, Effective August 4, 2011

Requires DCFS to promulgate new rules, establishing and maintaining standards and procedures to govern the administration of psychotropic medications. The act also requires DCFS to submit an annual report to the General Assembly concerning the administration of psychotropic medication to persons for whom it is legally responsible. To read the entire act, click here.

Increased Penalties for False Reporting

Public Act 97-0189, Effective July 22, 2011

Enhances the criminal penalty for persons who knowingly transmit a false report of child abuse or neglect to the Department of Children and Family Services. To read the entire act, click here.

Adoption Act Registry – Original Birth Certificates

Public Act 97-0110, Effective July 14, 2011

Provides that if a new birth certificate is issued subsequent to an adoption, the original certificate is not subject to inspection until the adopted person has reached the age of 21, at which time the original certificate is available as provided by the Adoption Act. To read the entire act, click here.

Conflict Resolution Education

Public Act 97-087, Effective July 8, 2011

Requires school districts to provide instruction in violence prevention and conflict resolution education for grades kindergarten through 12. To read the entire act, click here.