NCJ Number
192474
Journal
Children's Legal Rights Journal Volume: 21 Issue: 3 Dated: Fall 2001 Pages: 17-24
Date Published
2001
Length
8 pages
Annotation
This paper examines how domestic violence affects the rights of battered mothers involved in juvenile court proceedings in Illinois. Special attention is given to the termination of parental rights.
Abstract
In Part 1 of the paper, parental violence is defined and the effects of spousal abuse on battered mothers and their children is reviewed. Part 2 looks at the role of Illinois law regarding children from violent homes—from temporary custody through adjudication and ending with the termination of parental rights. Part 2 also focuses on the development of Illinois case law in the area of child protection and domestic violence. Part 3 addresses the increasing need for changes in this area of Illinois law, specifically in cases where the child protection system is faced with protecting children from domestic violence while also ensuring a non-abusive, battered mother maintains custody. In addition, Part 3 highlights a number of successful programs throughout the country that have reduced the number of battered women who lose parental rights. The author argues that Illinois should model its child protection system on these successful programs. Domestic violence results in the permanent separation of children from their mothers. A number of courts terminate a battered mother’s parental rights based on her inability to protect her children from harm. But this may not be in the best interests of the children. Educating child protection workers and judges on the dynamics of domestic violence would help ensure that all non-abusive family members remain together and separate from batterers.