NCJ Number
58564
Journal
JOHN MARSHALL JOURNAL OF PRACTICE AND PROCEDURE Volume: 10 Issue: 3 Dated: (SPRING 1977) Pages: 546-556
Date Published
1977
Length
11 pages
Annotation
AN EXAMINATION OF THE ILLINOIS ADOPTION STATUTE AND ITS USE IN COMBATING CHILD ABUSE IS EXPLORED IN THIS ARTICLE. THE STATE LAW MUST BE CHANGED TO INDICATE THE GROUNDS FOR TERMINATING PARENTAL RIGHTS.
Abstract
THE PROBLEM OF CHILD ABUSE HAS REACHED EPIDEMIC PROPORTIONS IN THE UNITED STATES. ILLINOIS HAS NOT BEEN SPARED AND HAS RELIED LARGELY UPON THE JUDICIARY AND THE PUBLIC IN DEALING WITH THIS PROBLEM. ADOPTION, BY ITS DEFINED PURPOSE OF BENEFIT TO THE CHILD AS WELL AS TO SOCIETY, IS A HIGHLY REALISTIC AND VIABLE AVENUE FOR PROTECTING CHILDREN FROM ABUSE. RECIDIVISM RATES FOR ABUSIVE PARENTS CAN BE AS HIGH AS 90 PERCENT. THE QUESTION THEN ARISES AS TO WHY CHILDREN ARE RETURNED TO ABUSIVE PARENTS. IN ILLINOIS, THE JUVENILE COURT SYSTEM ALLOWS THE RETURN OF CHILDREN TO THEIR PARENTS AFTER CUSTODY OF THE CHILD HAS BEEN PREVIOUSLY REVOKED. THE STATE LEGISLATURE HAS ENACTED TWO AMENDMENTS TO THE JUVENILE COURT ACT DESIGNED TO ADDRESS THIS PROBLEM. ONE REQUIRES THAT FOSTER PARENTS BE GIVEN ADEQUATE WARNING OF CUSTODY HEARINGS AND THE OTHER DENIES THE IMMEDIATE RESTORATION OF CUSTODY TO ANY PARENT WHOSE CUSTODY WAS REVOKED ON A FINDING OF CHILD NEGLECT RESULTING FROM PHYSICAL ABUSE. HOWEVER, SUCH AMENDMENTS ARE ONLY A FIRST STEP IN PROTECTING ABUSED CHILDREN. THE ILLINOIS ADOPTION ACT REQUIRES TERMINATION OF PARENTAL RIGHTS OR PARENTAL CONSENT BEFORE AN ADOPTION DECREE MAY BE JUDICIALLY RENDERED. CLARIFICATION OF THE GROUNDS FOR TERMINATING PARENTAL RIGHTS WILL HEIGHTEN THE PROTECTION WHICH ADOPTION CAN PROVIDE ABUSED CHILDREN. REFERENCES ARE INCLUDED. (KCP)