MINORS IN NEED OF SUPERVISION NEGLECTED AND DEPENDENT CHILDREN, CHILD ABUSE AND TERMINATION OF PARENTAL RIGHTS

• NCJ Number: 58568
• Author(s): C M RYAN
• Date Published: 1977
• Length: 52 pages
• Corporate Author: Cook Cty Circuit Court
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A SUMMARY OF OLDER AND RECENT ILLINOIS LAW REGARDING A MINOR IN NEED OF SUPERVISION, A NEGLECTED OR DEPENDENT CHILD, AND/OR TERMINATION OF PARENTAL RIGHTS IS GIVEN, AND UNRESOLVED LEGAL ISSUES ARE EXAMINED.

Abstract

THE PRESENTATION IS INTENDED TO AID THE PRACTITIONER WHO REPRESENTS ANY OF THE PARTIES IN A CIVIL ACTION CONCERNING A MINOR IN NEED OF SUPERVISION (MINS), A NEGLECTED OR DEPENDENT CHILD, AND/OR TERMINATION OF PARENTAL RIGHTS. A MINS IS A CHILD UNDER 18 YEARS OF AGE WHO IS BEYOND THE CONTROL OF HIS PARENTS, GUARDIAN, OR OTHER CUSTODIAN; SUBJECT TO COMPULSORY SCHOOL ATTENDANCE AND IS HABITUALLY TRUANT FROM SCHOOL; AN ADDICT AS DEFINED IN THE DRUG ADDICTION ACT; AND A VIOLATOR OF A LAWFUL COURT ORDER MADE UNDER THE JUVENILE COURT ACT. SOME UNIQUE CHARACTERISTICS OF MINS CASES ARE NOTED. STATUTES PERTAINING TO THE NEGLECT AND ABUSE OF A CHILD ARE IDENTIFIED AND DESCRIBED, AND CASE LAW RELATING TO NEGLECT IS REVIEWED. CHILD ABUSE IS CONSIDERED ONE FORM OF NEGLECT, IN THAT IT CONSTITUTES AN ENVIRONMENT INJURIOUS TO THE CHILD'S WELFARE. NEGLECT IN GENERAL IS DEFINED, AND MEDICAL NEGLECT IS EXAMINED UNDER THE CATEGORIES OF LIFE-THREATENING SITUATIONS AND NONLIFE-THREATENING SITUATIONS. IT IS INDICATED WHEN A COURT MAY INTERVENE TO PREVENT NEGLECT OF A CHILD WHO HAS NOT YET BEEN NEGLECTED. THE DEFINITION OF A DEPENDENT CHILD UNDER THE CURRENT JUVENILE COURT ACT IS CONSIDERED, FOLLOWED BY A DISCUSSION OF THE PURPOSE AND GROUNDS FOR TERMINATION OF PARENTAL RIGHTS. COURT PROCEEDINGS ARE EXAMINED UNDER THE MAJOR TOPICS OF JURISDICTION, PLEADINGS, SERVICE OF PROCESS, PARTIES, TEMPORARY CUSTODY HEARING, DISCOVERY, ADJUDICATORY HEARING, DISPOSITIONAL HEARING, AND SUPPLEMENTAL ISSUES. WHILE IT IS NOTED THAT THE JUDICIAL SYSTEM WORKS IN REACTION TO VIOLATIONS OF THE LAW, IT IS ADVISED THAT, IN SO FAR AS POSSIBLE, PROCEEDINGS CONCERNING MINS, NEGLECTED AND DEPENDENT CHILDREN, AND TERMINATION OF PARENTAL RIGHTS SHOULD BE USED TO PREVENT FURTHER BEHAVIOR LIKE THAT WHICH NECESSITATED THE COURT ACTION. (RCB)