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Volume II - Issue No. 1 - Spring 1999

Parents Potentially Pay

Victims of willful or malicious acts committed by an unemancipated minor child may recover up to $2,500 for damages caused by those acts from the parents of the offending minor. The Illinois Parental Responsibility Law previously limited parental liability to $1,000. The victims may also recover attorneys fees.

WACKY WARNING LABELS

  • "Remove your child before folding the baby stroller."
  • A sleeping pill prescription: "This drug may cause drowsiness."
  • A fireplace lighter: "Do not use near fire, flame or sparks."
    (Source: Michigan Lawsuit Abuse Watch)

JUST THINK, WE STARTED OUT WITH JUST TEN COMMANDMENTS

Standby Guardian

A parent or guardian of a minor may designate in writing (including a will) a qualified person to be appointed as a standby guardian and successor standby guardian of an unmarried minor or of a child likely to be born. The writing must be witnessed by 2 or more credible adults. The designation does not affect the rights of the other parent of the child.

The appointment does not become effective until a petition is filed with the court and the court finds that the appointment is in the best interests of the child. If the child is 14 or older, the minor may nominate the guardian, subject to the approval of the court.

The court cannot proceed if the child has a parent who is willing and able to carry out day-to-day child care decisions, unless that parent consents or, after receiving notice of the hearing, fails to object.

A standby guardian appointed by the court must file an oath and a bond which must be approved by the court.

Suggested forms for the designation of a standby guardian are set forth by statute.

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