Category Archives: Juvenile Law

NEW GUIDANCE HELPS SCHOOLS SUPPORT STUDENTS WITH DISABILITIES and AVOID DISCRIMINATORY USE OF DISCIPLINE

On July 19,2022, the Department of Education for Civil Rights (OCR) and Office of Special Education and Rehabilitative Services (OSERS) released guidance to assist public elementary and secondary schools fulfill their responsibilities to meet the needs of students with disabilities … Continue reading

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The Minor’s Right to Confidentiality under Illinois Law

Parents are often shocked at how much control their minor child has over their mental health records. In a post-dissolution of marriage proceeding, the petitioner mother sought to restrict the father’s parenting time with their minor child based on allegations … Continue reading

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The Child and Family Law Center: Advocating for the Legal Rights of Children for over 25 years

What does it take to win a Due Process Hearing? A due process hearing is one of the mechanisms for resolving disputes regarding special education services between parents and school districts. Other less formal options such as mediation or a … Continue reading

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WHAT TO DO IF YOUR CHILD IS ARRESTED?

Summer is upon us and as a general rule this is a time when our office gets calls from parents regarding their teenager or young adults arrest or questioning by police. Have this discussion now. One time is not enough. … Continue reading

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Co-Parenting in the Age of Coronavirus

There is no road map that allows us to provide hard guidance on how to manage parenting during this difficult time. Families are in unfamiliar territory. However, there are some things that hopefully will help you navigate co-parenting. Follow existing … Continue reading

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Autism and the Justice System

For the past twenty years, our office has represented many individuals on the autism spectrum. As those children grew into adolescence and young adulthood, some of them found themselves involved in the criminal justice system. Their parents were shocked that … Continue reading

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Rights of Teens Regarding Confidentiality under the Mental Health and Developmental Disabilities Confidentiality Act

Many parents who come to our office are surprised to learn that their child, if they are at least 12, must consent to the release of mental health information. Who has the right to the records protected by the Act? … Continue reading

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School Officials Don’t Need Probable Cause to Question Student

Many parents are outraged when their child or adolescent is questioned by school officials regarding misconduct in a school setting without appropriate Miranda warnings and without notifying the parents. A district court in Michigan recently ruled that a school was … Continue reading

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No Fault Dependency/Custody Relinquishment Prevention Act HB5598HFA2

Several times a year, parents come to our office and ask us to help them relinquish custody to the State in order to get their child needed mental health services. Often these children are adopted, but not always. What they … Continue reading

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Karma

Last week I received a call from a lawyer who had reviewed a CLE presentation I had done on School Discipline. He was handling his first expulsion case and wanted some advice. I was busy and thought for a brief … Continue reading

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