Geri's Personal Shares 

http://www.childwelfare.gov/pubs/usermanuals/neglect/neglect.pdf

What constitutes “failure or inability to provide” adequate food, shelter, protection, or clothing?

Should “failure or inability to protect” be included?

Petitions, or “complaints,” alleging child maltreatment

should be prepared by lawyers with the information

provided by CPS caseworkers. Th ese facts need

to be conveyed in a manner that clearly describes

what the parent or parents did or failed to do and

how it aff ected the child. Together, the lawyer and

the caseworker should construct a real-life story by

identifying the characters, by describing the setting

and the events, and by relating their impact on the

child or other participants.

In documenting cases, caseworkers need to be careful

to state only the facts and not legal conclusions. For

example, the caseworker should write, “On January

1, 2003, Joe Smith hit his son Jack Smith, age 7, on

the arm with a baseball bat, breaking the boy’s arm,”

instead of “the father physically abused his son.”

Lawyers’ opinions and practices vary widely regarding

whether a petition should be detailed or should recite

only the facts essential to establishing jurisdiction.

Status: P.A. 95-0091, eff. 1-1-08

Synopsis As Introduced

Amends the Children and Family Services Act. Repeals a Section requiring the

Department of Children and Family Services to conduct a study in relation to the

development of a plan for a program to train persons required to report suspected child

abuse or neglect under the Abused and Neglected Child Reporting Act, judges, State's

Attorneys and other personnel who have contact with children and families served by

the Department, relative to such persons' involvement with those children and families

Status: P.A. 95-0405, eff. 6-1-08

Summary:

Amends the Abused and Neglected Child Reporting Act. Requires the Department of

Children and Family Services to investigate and report on cases involving a serious lifethreatening

injury of a child (as well as cases involving the death of a child). Makes

changes concerning the information that must be contained in the Department's reports.

Provides that in any case involving the death or near death of a child, when a person

responsible for the child has been charged with committing a crime that results in the

child's death or near death, there shall be a presumption that the best interest of the

public will be served by public disclosure of certain information concerning the

circumstances of the investigations of the death or near death of the child and any

other investigations concerning that child or other children living in the same household.

Makes other changes concerning the release of such information.

Amends the Child Death Review Team Act. Provides that with respect to each

recommendation made by a child death review team concerning the prevention of

child deaths due to abuse or neglect and the establishment of protocols for investigating

child deaths, the Director of Children and Family Services shall submit his or her reply

both to the chairperson of that team and to the chairperson of the Executive Council.

Provides that the Director's reply to each recommendation must include a statement as

to whether the Director intends to implement the recommendation. Provides that within

90 days after the Director submits a reply to a recommendation, the Director must submit

an additional report that sets forth in detail the way in which the Director will implement

the recommendation and the schedule for implementing the recommendation.

Provides that within 180 days after the Director submits that report, the Director shall

submit a further report that sets forth the specific changes in the Department's policies

and procedures that have been made in response to the recommendation. Provides

that at each quarterly meeting of the Executive Council, the Executive Council shall

review all such replies and reports received from the Director since the Executive

Council's previous meeting. Requires the Executive Council to send an annual report to

the Governor, legislators, and child death review team members.

Amends the Child Death Review Team Act. Provides that with respect to each

recommendation made by a child death review team concerning the prevention of

child deaths due to abuse or neglect and the establishment of protocols for investigating

child deaths, the Director of Children and Family Services shall submit his or her reply

both to the chairperson of that team and to the chairperson of the Executive Council.

Provides that the Director's reply to each recommendation must include a statement as

to whether the Director intends to implement the recommendation. Provides that within

90 days after the Director submits a reply to a recommendation, the Director must submit

an additional report that sets forth in detail the way in which the Director will implement

the recommendation and the schedule for implementing the recommendation.

Provides that within 180 days after the Director submits that report, the Director shall

submit a further report that sets forth the specific changes in the Department's policies

and procedures that have been made in response to the recommendation. Provides

that at each quarterly meeting of the Executive Council, the Executive Council shall

review all such replies and reports received from the Director since the Executive

Council's previous meeting. Requires the Executive Council to send an annual report to

the Governor, legislators, and child death review team members.

Amends the Juvenile Court Act of 1987. In provisions concerning abused, neglected, or

dependent minors, provides that: (1) if it is determined that a parent's, guardian's, or

custodian's compliance with critical services mitigates the necessity for removal of the

minor from his or her home, the court may enter an Order of Protection setting forth

reasonable conditions of behavior that a parent, guardian, or custodian must observe

for a specified period of time, not to exceed 12 months, without a violation; (2) a petition

with respect to an alleged abused, neglected, or dependent minor may request that the

minor remain in the custody of the parent, guardian, or custodian under an Order of

Protection; and (3) if a petition is filed charging a violation of a condition contained in a

protective order and if the court determines that this violation is of a critical service

necessary to the safety and welfare of the minor, the court may proceed to findings and

an order for temporary custody. Makes other changes.

Status: P.A. 95-0123, eff. 8-13-07

Synopsis As Introduced

Amends the Juvenile Court Act of 1987. Provides that the court order permitting

disclosure of law enforcement records maintained by law enforcement agencies that

relate to a minor who has been arrested or taken into custody before his or her 17th

birthday and juvenile court records must be issued by a judge presiding over matters

pursuant to the Act. Provides that for purposes of obtaining these documents, a civil

subpoena is not an order of the court. Provides that in cases where the records concern

a pending juvenile court case, the party seeking to inspect the records shall provide

actual notice to the attorney or guardian ad litem of the minor whose records are

sought. Provides that in cases where the records concern a juvenile court case that is no

longer pending, the party seeking to inspect the records shall provide actual notice to

the minor or the minor's parent or legal guardian, and the matter shall be referred to the

chief judge presiding over matters pursuant to the Act. Provides that in determining

whether the records should be available for inspection, the court shall consider the

minor's interest in confidentiality and rehabilitation over the moving party's interest in

obtaining the information. Provides that any records obtained in violation of these

provisions shall not be admissible in any criminal or civil proceeding, or operate to

disqualify a minor from subsequently holding public office or securing employment, or

operate as a forfeiture of any public benefit, right, privilege, or right to receive any

license granted by public authority. Effective immediately.

Comment: Meant to overrule the eviction (drug deal in public housing) case of Camco, Inc. v.

Status: P.A. 95-0642, eff. 6-1-08

Summary:

Amends the Children and Family Services Act and the Juvenile Court Act of 1987.

Provides that a delinquent minor under 15 years of age (rather than under 13 years of

age) may be placed in the guardianship of the Department of Children and Family

Services.

Provides that a minor may be placed in the guardianship of the Department of Children

and Family Services when an independent basis of abuse, neglect, or dependency

exists. Provides that an independent basis exists when the allegations or adjudication of

abuse, neglect, or dependency do not arise from the same facts, incident, or

circumstances which give rise to a charge or adjudication of delinquency.

Comment: HB291 would be a reversal of a 1995 budget reconciliation statute.