Fw: News from Micki Moran and The Child and Family Law Center of the North Shore

May 20, 2011

FYI

Ellen

Ellen Garber Bronfeld

egskb@...

News from Micki Moran and The Child and Family Law Center of the North

Shore

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May 2011

The Child and Family Law Center of the North Shore

Newsletter

In This Issue

Spring!

Congrats to 2011 Graduates!

Special Ed: Extended School Year

Divorce: Confidentiality of Custody Evaluations

Divorce: Women and Retirement

No Fault Dependency: Locking a Child Out

Consider a Special Needs Trust Now

Announcements and Upcoming Events:

Chicago

Walk Now

for

Autism Speaks

Saturday, May 21, 2011

Yellowbrick and Sierra Tucson present:

What's Emerging with Emerging Adults

Friday, June 10, 2011

ton, IL

Call or email Fejes for information.

847-869-1500 ext. 221

cfejes@...

Autism Walk Benefiting

Little Friends

June 26, 2011

Naperville, IL

Announcing a seminar given by

The Assistive Technology Unit of the University of

Illinois at Chicago:

iPad/iPod and AAC Applications: Making it Work

June 30, 2011

9am-12:30pm

(for speech/language pathologists and special

educators)

For information email Arnold:

kkeiling@...

Micki Moran to speak at the

ISBE Special Education Director's Conference

July, 2011

Send us your announcements!

Is your group or organization having and event? Email us

or call our office at 847-926-0101 with the information and The Child & Family

Law Center will be happy to publish it in our newsletter.

Quick Links

Read and Subscribe to Micki Moran's Kidslaw Blog:

www.kidslawblog.com

Click to View our website :

www.lawforchild.com

The Child and Family Law Center, Ltd.

1950 Sheridan Rd.

Suite 106

Highland Park, IL 60035

847-926-0101 (phone)

847-926-8500 (fax)

We provide representation in the following Northern

Illinois counties: Cook, Lake, DuPage, Kane, and McHenry.

The Child and Family Law Center now offers:

Divorce

Mediation

Services

Cost Effective.

Experienced Mediator.

Child Centered.

Problem Solving Focused.

Please call us at 847-926-0101 for more information.

Dear Ellen,

Hello and Welcome. Each month The Child and

Family Law Center of the North Shore, Ltd. will provide articles of interest and

updates on areas that our office deals with on a regular basis. We appreciate

and welcome feedback, so please feel free to send us an email at

mickim@... with questions or suggestions.

At Last...Spring

For many reasons, the spring

of every year is very hectic. Each year seems

busier and filled with more families and kids in crisis. There are numerous

client emergencies, school is ending and parents and school personnel are

scurrying to get everything completed. Divorces that have stalled are now on the

front burner and everyone wants things done immediately. It is often hard to do

much perspective taking in this atmosphere. However, in the midst of this I find

it important to pause and remember to take one family and one child at a time.

It is easy to feel overwhelmed by the unmet needs of these kids and families,

and curse the lack of resources and the universe regarding the challenges they

face. So, rather than succumb to that temptation, we continue to take one child

and one family and work as hard as we can to help them whatever their needs may

be. That makes all the difference.

Congratulations to all the graduates of the class

of 2011!!!

You did it!

Your families did it!

Bravo!

Special Education: Extended School Year

This is the time of year that parents call to

discuss what they perceive as a woefully inadequate or non-existent extended

school year program for children. Many schools will describe their standard

extended school year program for children. Often they will indicate that this is

all they have for every child. The requirement that an IEP be individualized is

not suspended for the summer. However, many school districts do just that.

a.. Schools cannot unilaterally limit the type,

amount or duration of extended school year services or limit extended school

year services to particular categories of disability. Examples of these

violations are statements such as, " This is all we have at our school, " or " All

kids with autism go to this program. "

What factors should a school district use in

determining eligibility for extended school year?

These factors include, but are not limited to:

a.. The degree of impairment.

b.. Ability of child's parents to maintain

child's level of skills.

c.. Whether the service is extraordinary to the

child's condition and the child's rate of progress.

d.. The use of retrospective data such as past

regression and rates of recoupment skills.

e.. Child's vocational needs.

f.. Consideration of emerging skills.

The best advice is not to settle for the answer

that simply states that your child does not qualify, or that if they do, the one

size fits all option that meets every day from 9:00-12:00 for all children

regardless of disability is acceptable.

Divorce

Our divorce practice continues to grow. It may

sound odd to those of you not in the field but I do find the divorce aspect of

our office satisfying. Like our other practice areas, clients come to us during

difficult circumstances and often in crisis. The goal is to help them through

this by providing guidance and information to make the best decision for moving

forward. While we obviously prefer to work out a negotiated settlement, we offer

a wide range of services from mediation to litigation.

Updates in the Law:

Confidentiality of Custody Evaluations

In v. Weil (S. Ct., Feb. 25, 2011), the

Illinois Supreme Court affirmed an appellate court decision holding that a

custody evaluation prepared by a mental health professional is a

non-confidential document. The rationale for this holding is that the evaluator

and the parties were not engaged in a therapeutic relationship. The parties are

typically informed of the non-confidential nature of the evaluation at the

outset. In , the release of the report arose from a later custody issue

(other than the one for which the report was prepared). Typically, a report can

only be disclosed in the particular proceeding for which it was prepared.

However, a companion statute allows the release of relevant information to an

investigator looking into appropriate custodial arrangements. The information

obtained by the earlier evaluator was considered relevant to the subsequent

investigation.

In short, 604( evaluations are not confidential.

Divorce: Women and Retirement

A recent Associated Press Article (May 9, 2011)

highlighted difficulties divorcing women (particularly those 50 and over) face

in navigating the issues of finances, savings and retirement. The article

highlighted some sobering statistics:

a.. At age 65, a woman typically has another 20

years of life expectancy, according to the Center for Disease Control and

Prevention.

b.. Women make 77 percent of what men make,

based on U.S. Census Bureau Data for 2009. Three of five women earn less than

$30,000 a year, according to AARP.

c.. 40 percent of women over 65 live alone.

d.. The average woman spends about 12 years out

of the work force, according to the Social Security Administration - generally

for family purposes.

In divorce, it is critical to negotiate a

resolution that takes into account the issue of retirement and savings.

However, it is also critical that women (and men)

take control of their finances and become financially literate and pro-active

about their futures. That may mean many things but one of them is the issue of

creating a career that will provide income and benefits.

Tools for financial literacy:

Women's Institute for Financial Education

Wi$eUp

No Fault Dependency / Locking a Child Out

Despite extensive treatment from psychologists and

psychiatrists over many years, ny's behavior is becoming increasingly

worrisome to his parents. He is having more and more difficulty in school. He

frequently mistreats his siblings, swearing at them and hitting them. He has

begun to threaten his parents, telling them he hates them and wants to kill

them. He stood in his mother's way one morning when she was trying to leave the

house and would not let her pass. He brandished a knife in front of his parents

threatening to hurt them or himself. ny is eventually calmed down and

hospitalized.

Upon ny's release from the hospital, his

parents are worried that it is not yet safe for him to live at home. They fear

for their safety and the safety of ny and his siblings. Parents like

ny's and many others in similar situations are faced with a true dilemma.

They desire the appropriate treatment for their troubled child, yet may not be

able to access or afford it. They want to keep the rest of the family safe and

functioning. The interventions they have tried are no longer effective or

efficient.

Parents who decide that the best course is

refusing to let their child into the home face the prospect of an investigation

by the Department of Children and Family Services, a finding of neglect, and a

Juvenile Court hearing. The findings may affect their employment or ability to

do volunteer activities with children for years to come. Their child will be

involved in the system with no assurance that the child will obtain necessary

treatment. Their other children may be removed from the home and placed in

foster care.

" Lock-out " is defined in DCFS Rules as the parent

or caregiver denying the child access to the home and refusing or failing to

make provisions for another living arrangement for the child. Under these rules

parents should not be indicated for neglect if they are unable to provide for

their child " in the home setting due to the [child's] serious mental illness,

violent threatening behavior, sexual abuse of a sibling or criminal activities

which place family members at serious risk. " 89 Ill.Admin.Code R300.AppendixB.

Parents should also not be indicated unless they are " refusing to make an

alternative living arrangement. " Yet, in our experience, parents are indicated

for neglect even when there is evidence of the above described behaviors and the

parents are trying to place the child in a treatment program that they can

afford.

The Illinois legislature has provided DCFS and

prosecutors with an alternative to charging parents with abuse or neglect in

situations like the one described above. 705.IlCS 405/2-4© provides for " no

fault dependency. " Where a child under 18 years of age is without the " care

necessary for his or her well being through no fault, neglect or lack of concern

by his parents " that child may be found to be a dependent minor and made a ward

of the state. A service plan is developed to address the minor's needs. This

may lead to the provision of services otherwise unavailable to the minor and his

family. By the terms of the statute, parental rights are not and cannot be

terminated in a no fault dependency. This allows for the eventual reunification

of the family.

The no fault dependency procedure appears to be

preferable to charging parents with neglect in cases such as the one described.

The legislatures intent in enacting section 405/2-4© was to provide for the

needs of the minor. Nevertheless, the availability of this option varies

depending on the county, the DCFS office and worker involved, the State's

Attorney's policy, and the facts of the particular case. There is no easy

answer for parents faced with this excruciating dilemma. The legal issues are

most often the least of the concerns of parents of a troubled child. Yet,

parents may find themselves in the legal system. Obtaining the best possible

outcome requires competent and thoughtful legal advice.

Consider a Special Needs Trust Now

For those who have a child with a disability, it's

never too soon to plan for his or her future financial needs. A Special Need

Trust (SNT) or Supplemental Needs Trust can be an important part of that plan.

There are often advantages to setting up a SNT well before the child's 18th

birthday. These advantages include being grandfathered in on currently favorable

laws and rules regarding SNTs, preserving resources by avoiding loss of

government benefits in the future, including language in other documents such as

wills and life insurance policies that enhance financial outcomes for the

disabled person, and allowing others such as grandparents to provide for the

child in the most beneficial way. It isn't necessary to place funds in the SNT

now to have it available when needed in the future.

The Child and Family Law Center offers free

consultations to explore the issues related to SNTs and planning in general for

the financial needs of a child or adult with a disability. We charge reasonable

flat fees for the preparation of SNTs and other documents. Please call us if you

would like to set up a consultation at our Highland Park office or other

meeting locations including Downers Grove.

The Child and Family Law Center of the North Shore

is a unique legal practice that specializes in providing legal services to

families and children in the areas of special education, IEP consultations,

divorce and custody, parenting agreements, mediation, guardianship and juvenile

law, including criminal law, DCFS and mental health. Where possible, we have

initiated flat fee billing for appropriate matters.

For more information about The Child and Family

Law Center of the North Shore, please call 847-926-0101 or visit our website at

www.lawforchild.com.

Micki Moran

The Child and Family Law Center of the North Shore

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July 7, 2011

FYI

Ellen

Ellen Garber Bronfeld

egskb@...

News from Micki Moran and The Child and Family Law Center of the North

Shore

You're receiving this email because of your relationship with The Child and

Family Law Center of the North Shore. Please confirm your continued interest in

receiving email from us.

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July 2011

The Child and Family Law Center of the North Shore

Newsletter

In This Issue

Juvenile/School Law: Miranda Warnings

Autism and Private Placements

Divorce: Alimony/Maintenance

Article Headline

Announcements and Upcoming Events:

Life Tools Camp

An independent living experience for individuals with

disabilities.

July 11-15 & August 1-5

ton, IL

Contact Jacque Heavey at:

jheavey@...

or 847-328-2044

...

Micki Moran

to present at the

ISBE Special Education Director's Conference

July 22, 2011

Springfield, IL

...

Forum on Creative Options for Family Members with Autism

and Developmental Disabilities

Hosted by State Representative

May

Tuesday, July 26th, 7:00 p.m.

Highland Park Country Club

Highland Park, IL

For information call 847-433-9100 or email

karen@...

...

2nd Annual Big Blast Journey of Hope Celebration

July 26, 4:00-7:00 p.m.

Flick Park, Glenview

For information contact:

rachel@...

or call 847-987-3940

...

Micki Moran

to speak on the topic of

Transition

at the

Illinois Alliance of Administrators of Special Education

Fall Conference

September 23, 2011

Tinley Park, IL

...

Micki Moran will participate in an attorney panel at the

SEDOL Annual Conference

October 17, 2011

Mundelein, IL

...

Transition Planning Workshop

Sponsored by Micki Moran and The Child and Family Law

Center

Fall, 2011

Details to be announced

...

Attention Chicago Area College Students:

Social Groups are forming at UIC for Chicago Area

University and Community College Students with Autism Spectrum Disorder (not

restricted to UIC)

Contact Gorski, Ph.D. or Lana Roth, LCSW at

312-413-4624 for information

...

Send us your announcements!

Is your group or organization having and event? Email us

or call our office at 847-926-0101 with the information and The Child & Family

Law Center will be happy to publish it in our newsletter.

Quick Links

Read and Subscribe to Micki Moran's Kidslaw Blog:

Kids' Law

Click to View our website :

www.lawforchild.com

www.jjslist.com

The Child and Family Law Center, Ltd.

1950 Sheridan Rd.

Suite 106

Highland Park, IL 60035

847-926-0101

www.lawforchild.com

We provide representation in the following Northern

Illinois counties: Cook, Lake, DuPage, Kane, and McHenry.

The Child and Family Law Center now offers:

Divorce Mediation

Services

Cost Effective.

Experienced Mediator.

Child Centered.

Problem Solving Focused.

Please call us at 847-926-0101 for more information.

Dear Ellen,

Hello and Welcome. Each month The Child and

Family Law Center of the North Shore, Ltd. will provide articles of interest and

updates on areas that our office deals with on a regular basis. We appreciate

and welcome feedback, so please feel free to send us an email at

mickim@... with questions or suggestions.

Juvenile/School Law

On June 16, 2011, the Supreme Court issued a

decision in J.D.B. v. North Carolina (09-11121)

This case involved a 13 year-old middle school

student who was pulled out of class by a uniformed police officer and questioned

by a police investigator. Before being questioned, the student wasn't given

Miranda warnings, wasn't provided an opportunity to call his parents and wasn't

free to leave. J.D.B. was questioned by two police officers and two

administrators for 30 to 45 minutes regarding two home burglaries in his

neighborhood. The school officials urged him to do the right thing and the

police suggested that if he failed to do so he would be kept in juvenile

detention pending the court hearing. At that point, J.D.B. confessed to the

crimes. He was eventually charged with breaking and entering and larceny. His

public defender moved to suppress the statements arguing that J.D.B. was not

properly given Miranda warnings. The trial court denied the motions and said

that J.D.B. was not in custody during the interrogation at school, and that his

statements were voluntary. The trial court found that J.D.B. was delinquent.

The case was appealed to the North Carolina

Supreme Court. The Court ruled that J.D.B. was not in custody when he confessed

and declined to consider the age of an individual subject when being questioned

by the police.

The Supreme Court granted cert. to decide the

question whether the Miranda custody analysis includes consideration of a

juvenile suspect's age. The United States Supreme Court held that it does. The

court stated as follows:

" We have observed that children 'generally are

less mature and responsible than adults'...That they often lack the experience,

perspective, and judgement to recognize and avoid choices that could be

detrimental to them, and that they are more vulnerable or susceptible to

outside pressures than adults. "

" Reviewing the question today, we hold that so

long as the child's age is known to the officer at the time of police

questioning, or would have been objectionably apparent to a reasonable police

officer, its inclusion in the custody analysis is consistent with the objective

nature of that [ Miranda ] test. "

" To hold, as the State requests, that a child's

age is never relevant to whether a suspect has been taken into custody - and

thus to ignore the very real differences between children and adults - would be

to deny children the full scope of the procedural safeguards that Miranda

guarantees to adults. "

The scenario outlined in the facts of the J.D.B.

case are all too common among the children and young adults we represent in our

office. Frequently, students as young as grade school and middle school will be

questioned by police officers and school officials about potential criminal

matters while at school. Almost never are Miranda warnings given, nor are the

parents called, until after the questioning has concluded and the investigators

have the information/admissions they were seeking. Very often juvenile or

criminal charges are filed as a result of these statments. Stunned parents and

the student often ask, " Can they do that? They never even gave me my rights. "

Until this case, the answer has been to simply state that the youth wasn't in

custody and therefore, Mirandizing the student wasn't required. This case

eliminates the ability to offer a blanket response of no custodial

interrogation. Schools, attorneys and police officers will now be required to

engage in a case by case analysis of the facts surrounding the issue of whether

an individual child or teen is in custody.

Parent tip: Tell your child or teen that they

should not answer questions about any potential wrongdoing without calling you

first. Schools routinely question students with a police officer present and

many of our clients have confessed to criminal activity without understanding

that they could or would be charged with a crime. (e.g. sexting, possession of

alcohol or marijuana).

Autism/ Private Placements

This year our office has had a record number of

requests for residential placements and or placement at a private therapeutic

day school. Many, but not all of the students were on the autism spectrum. When

parents seek a private placement and reimbursement from the school there are a

number of hurdles they must overcome in order to prevail at a due process

hearing.

a.. They must demonstrate that the school

district did not provide a free, appropriate, public education (FAPE). This is a

factual analysis that can and often does include the failure to properly

implement an IEP by not delivering promised services.

b.. They must show that the private program is

appropriate. This doesn't require that the parent's program offer every service

that can be found in the public school.

c.. The issue of whether the child's private

program is the least restrictive environment will be scrutinized by a hearing

officer. This is only one factor and most courts have evaluated the

appropriateness of the educational services being provided as the dominant

consideration in determining whether the program chosen by the parents is

appropriate.

Divorce: Alimony/Maintenance - Answering the

Question " Will I have enough to live on? "

Monday's New York Times featured an Op-Ed piece

regarding New York's recent legislation that established formula for alimony

(called maintenance in Illinois). Under the New York formula, alimony is set at

30 percent of the higher earning spouse's income, minus 20 percent of the

lower-earning spouses income, as long as the recipient doesn't end up with more

than 40 percent of the couple's combined income. For example, a banker making

$500,000 a year married to a writer earning $50,000 could expect to pay around

$140,000. Other states have followed suit. This formula applies to temporary

alimony only. The American Academy of Matrimonial Lawyers who came up with the

formula intended it to be used for all alimony awards.

In Illinois, there is no statutory formula. As a

result, clients often spend considerable money in attorney's and expert fees and

the litigation drags on for longer than necessary, all in the pursuit of a

nebulous amount of money following the divorce for the wife to live on (more

typically it is the wife but there are cases where the husband will ask for and

receive maintenance).

Currently, maintenance awards are decided by

family court judges in the absence of an agreement by the parties. The judges

use a list of factors listed in the statute, including the length of the

marriage, the ages and health of the spouses, their financial situations, their

earning potential, and their contributions to the marriage, financial and

otherwise.

More recently, given the precarious economy, I

have been representing clients whose formerly high earning spouses are now

unemployed or underemployed and there is little money for either of them to live

on and rebuild their lives. Often, they remain in the same household since they

cannot afford to live separately. There is not enough money to go around. Many

women who have worked part-time, or not at all, are forced to consider full-time

employment since maintenance will not allow them to survive on their own.

Therefore, using a formula to calculate maintenance would eliminate some, if not

most of the need for protracted litigation and the uncertainty associated with

court proceedings to determine maintenance awards. This would result in reduced

legal fees and as a consequence, allow those resources to be used for the

couples to move on with their lives. It simply makes sense.

OP-ED, New York Times, July 4, 2011 Ending the

Alimony Guessing Game, by andra Harlin

Disability Law: Acquittal for a Young Man with an

Intellectual Disability

Our office recently obtained an acquittal on all

charges for a young man who has developmental disabilities. He was charged with

felony public indecency due to a mistake in judgment he made and a

misunderstanding by witnesses of the circumstances. This type of situation is

not uncommon for those with developmental disabilities who may have poor

judgment in social situations and are not effective advocates for themselves

when questioned by the police.

The State's Attorney was unwilling to dismiss the

case despite the fact that our client was severely intellectually disabled and

had a lifelong disability. No amount of effort would change that. This whole

process took over a year and was very traumatic for our client and his family.

After successfully arguing that this young man was

unfit to stand trial, we represented him at a discharge hearing. This procedure

is a way of disposing of a case when a defendant can cannot be made fit for

trial through treatment. It is similar to a trial. After examination and cross

examination of the witnesses and closing argument, the judge finally dismissed

all charges against our client.

The legal system is a difficult one for anyone to

navigate, but it can be especially challenging for the developmentally disabled.

Effective representation can reduce the negative impacts that would result from

conviction.

The Child and Family Law Center of the North Shore

is a unique legal practice that specializes in providing legal services to

families and children in the areas of special education, IEP consultations,

divorce and custody, parenting agreements, mediation, guardianship and juvenile

law, including criminal law, DCFS and mental health. Where possible, we have

initiated flat fee billing for appropriate matters.

The Child and Family Law Center of the North Shore

1950 Sheridan Rd.

Suite 201

Highland Park, IL 60035

For more information about The Child and Family

Law Center of the North Shore, please call 847-926-0101 or visit our website at

www.lawforchild.com

Micki Moran

The Child and Family Law Center of the North Shore

Forward email

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The Child and Family Law Center of the North Shore | 1950 Sheridan Road |

Suite 106 | Highland Park | IL | 60035

September 13, 2011

FYI

Ellen

Ellen Garber Bronfeld

egskb@...

News from Micki Moran and The Child and Family Law Center of the North

Shore

You're receiving this email because of your relationship with The Child and

Family Law Center of the North Shore. Please confirm your continued interest in

receiving email from us.

You may unsubscribe if you no longer wish to receive our emails.

September 2011

The Child and Family Law Center of the North Shore

Newsletter

In This Issue

Special Education: Court awards attorney's fees

Special Education: Residential and Private Placement

Divorce and Custody: OUR FAMILY WIZARD

Divorce and Special Education

Juvenile Law: National Recovery Month

Support Groups

Announcements and Upcoming Events:

The Men's Golf Association of Mission Hills Country Club

Presents:

Monte Carlo Night

Benefiting Have Dreams

Friday, September 16, 2011

6:30-11:00 p.m.

847-685-0250 for information

...

Micki Moran

will speak on the topic of

Transition

at the

Illinois Alliance of Administrators of Special Education

Fall Conference

September 23, 2011

Tinley Park, IL

...

Center for Independent Futures

to host

Saturday and Sunday

September 24 & 25

Noon and 3:00 p.m.

at ton SPACE

847-328-2044 for information

...

Micki Moran will participate in an attorney panel at the

SEDOL Annual Conference:

The Legal Perspective of Useful Data and How to

Communicate with Parents

October 17, 2011

Mundelein, IL

...

7th Annual Illinois Statewide Transition Conference:

October 23-25, 2011

Springfield, IL

www.illinoistransitionconference.org

Send us your announcements!

Is your group or organization having and event? Email us

or call our office at 847-926-0101 with the information and The Child & Family

Law Center will be happy to publish it in our newsletter.

The Child and Family Law Center now offers:

Divorce Mediation

Services

Cost Effective.

Experienced Mediator.

Child Centered.

Problem Solving Focused.

Please call us at 847-926-0101 for more information.

Quick Links

Read and Subscribe to Micki Moran's Kidslaw Blog:

Kids' Law

Click to View our website

www.lawforchild.com

www.jjslist.com

The Child and Family Law Center, Ltd.

1950 Sheridan Rd.

Suite 201

Highland Park, IL 60035

847-926-0101

www.lawforchild.com

We provide representation in the following areas:

SPECIAL EDUCATION/IEP, DUE PROCESS, FEDERAL AND STATE

COURT

RESIDENCY

DISCIPLINE ISSUES

GUARDIANSHIP

MENTAL HEALTH ISSUES

DIVORCE AND CUSTODY

PARENTING PLANS

MEDIATION

CHILD SUPPORT

POST DECREE MATTERS

Dear Ellen,

Hello and Welcome. Each month The Child and

Family Law Center of the North Shore, Ltd. will provide articles of interest and

updates on areas that our office deals with on a regular basis. We appreciate

and welcome feedback, so please feel free to send us an email at

mickim@... with questions or suggestions.

Special Education

Illinois: District's delay results in additional

attorney's fees award.

An Illinois school district was forced to pay an

additional $16,000 plus in legal fees to a parent who had already received over

$30,000 in fees. The additional fees were a result of the district's refusal to

communicate with parents who filed due process. The court found that the

district's lack of cooperation and failure to engage in discussions with the

parent unnecessarily prolonged the process.

na O. v. Board of Education of the City of

Chicago,

56 IDELR 220 (N.D. ILL. 2011)

Special Education

Residential and Private Placements

This year our office had an unusually high number

of clients who were seeking residential placements for their children or

adolescents. There are a number of reasons for the increase (e.g. stress on

families, economics, school resources more scarce). For most parents, this is

one of the most difficult and stressful periods in their life. In guiding

families through this process, I am often asked to articulate the legal elements

of a successful request for a private therapeutic or residential placement case.

These cases are very fact specific and there is no magic formula. In nearly all

the cases, the guidance of an attorney is critical. The following are a list of

those elements (not exhaustive) that our office has found to be key in a

successful request for residential or private placement:

Significant documentation of the student's needs

not being addressed. (e.g. regression, failure to meet IEP goals).

Outside experts who support the need for a

residential placement and can articulate in detail the rationale for that

recommendation.

A history of school failure. (More than one

incident-typically over an extended period of time).

Students who struggle only at home are a much

harder sell for districts and for hearing officers. Recent case law suggests

that the placement must be inextricably linked to the student's educational

needs.

Organized and persistent parents or guardians who

follow the procedural guidelines.

Providing written 10 day notice of the intent to

unilaterally place the student and seek reimbursement from the district.

A willingness to work with the school personnel.

Selection of an ISBE approved placement. (Makes

settlement more likely). The burg Project is a list of ISBE approved

placements. burg Project

The placement chosen by the parents must be

appropriate.

The ability to articulate evidence based practices

utilized to assist the student and the ways in which the child's unique

educational needs can make or break a request for a private placement.

When appropriate, the willingness and effort

required to complete an application for an Individual Care Grant (ICG).

Individualized Care Grant

A willingness to take the case to due process.

Divorce and Custody:

OUR FAMILY WIZARD

(Not magic, but a very helpful tool)

While we do everything we can to minimize conflict

regarding custody and parenting issues, there are times that divorcing or never

married couples cannot work together and need a neutral means to communicate

regarding their children. One of the tools that we recommend is the program Our

Family Wizard. This software program has many features that assist parents in

the parenting process. Many judges are also suggesting that families utilize

this resource. This program eliminates the he said, she said back and forth that

warring parents often bring to our office. It is a way to track communication

and has features that are useful to attorneys should the matter go to

litigation. More importantly, it is an inexpensive and practical tool that

minimizes conflict and affords parents a neutral forum for documenting

interactions and other matters related to parenting.

a.. Calendar

b.. Creates Parenting Plans

c.. Records the trading of parenting time and

days

d.. Expense Log

e.. Message Board

f.. E-Mail Tracker and Notification

-Divorce and Special Education:

Parents who didn't consent to special education

services may revoke consent.

In the divorce wars, special education issues are

often a prime area of disagreement between parents. A recent Office of Special

Education Programs (OSEP) letter addressed the concern where one parent with the

authority to make educational decisions revoked the consent for special

education placement and services. Despite the fact that this may put districts

and students in the position of starting and stopping services, OSEP continues

to interpret Part B as entitling either parent with legal authority to make

educational decisions on the child's behalf to revoke consent. This situation

has occurred in our office and as a result, we are very careful to draft

agreements that specify who can consent to educational services and under what

circumstances. Of equal importance is the need to build into any Parenting

Agreement a provision for resolving disputes. (e.g. mediation, parenting

coordinator, neutral decision maker in the event of a disagreement).

Ward Letter to, 56 IDLER 237 (OSEP 2010)

Juvenile Law:

September is National Recovery Month

Recovery Month promotes the societal benefits of

treatment for substance use and mental disorders, celebrates people in recovery,

lauds the contributions of treatment providers, and promotes the message that

behavioral health is essential to overall health, that prevention works,

treatment is effective and people can and do recover.

www.samhsa.gov

(Substance Abuse and Mental Health Services

Administration)

Substance abuse is an increasing and serious

problem for the student's and families we represent. We partner with parents,

our clients and treatment providers to address the legal issues as well as the

often complex treatment needs.

A Selected List of Local Support Groups

Autism Society of Illinois

www.autismillinois.org

Autism Speaks: Sibling Workshop

Orland Park

224-567-8575

Chicago@...

Center for Divorce Recovery

Northbrook and Chicago

www.divorce-recovery.com

CHADD - Children and Adults with Attention

Deficit/Hyperactivity Disorder

www.chadd.org

Eagles Nest

(a support group for parents with a special needs

child)

Willow Creek Community Church

South Barrington

Call Trudy at 847-855-9571

http://www.willowcreek.org/disabilities

Emotional Support for Parents of Children with

Special Needs

(Deerfield area)

Contact , 847-945-1418, or

kscott127@..., for further information.

Fearless Grandparents Against Autism

For information call Shirley Craven, 847-674-5035

or email shircraven@...

GRASP - The Global and Regional Asperger Syndrome

Partnership

www.grasp.org

Have Dreams (Park Ridge and ton)

Support Groups for Parents of Children, Teens and

Young Adults with Autism.

www.havedreams.org

Illinois Sibshops (Sibling Support Groups)

http://www.sibsnetwork.org/html/illinoissibshops.html

Lilac Tree

Resources for Divorcing Women

www.thelilactree.org

NAMI-GC Support Groups

(National Alliance on Mental Illness of Greater

Chicago)

www.namigc.org

OCD Chicago (Obsessive Compulsive Disorder)

www.ocdchicago.org

The Child and Family Law Center of the North Shore

is a unique legal practice that specializes in providing legal services to

families and children in the areas of special education, IEP consultations,

divorce and custody, parenting agreements, mediation, guardianship and juvenile

law, including criminal law, DCFS and mental health. Where possible, we have

initiated flat fee billing for appropriate matters.

The Child and Family Law Center of the North Shore

1950 Sheridan Rd.

Suite 201

Highland Park, IL 60035

For more information about The Child and Family

Law Center of the North Shore, please call 847-926-0101 or visit our website at

www.lawforchild.com

Micki Moran

The Child and Family Law Center of the North Shore

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The Child and Family Law Center of the North Shore | 1950 Sheridan Road |

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November 23, 2011

FYI...

Ellen

Ellen Garber Bronfeld

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News from Micki Moran and The Child and Family Law Center of the North

Shore

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November/December 2011

The Child and Family Law Center of the North Shore

Newsletter

In This Issue

Thanksgiving Message

Transition Planning

Divorce and Special Needs

Homework Lawyer

Announcements and Upcoming Events:

Meet and Eat at Stash's and help support Best Future's

for Young Adults with Special Needs

Monday, December 5

5:00-9:00 pm

Stash's Restaurant

1825 Second Street

Highland Park

$35/adults

$25/children under 10

For information:

Barb Cabin 847-681-1152

Whitefield 847-910-8380

or

bestfuturesinc@...

...

Micki Moran will present a program to the Chicago

Police:

Transition Planning for Students with Disabilities

December 13th, 2011

...

Send us your announcements!

Is your group or organization having and event? Email us

or call our office at 847-926-0101 with the information and The Child & Family

Law Center will be happy to publish it in our newsletter.

The Child and Family Law Center now offers:

Divorce Mediation

Services

Cost Effective.

Experienced Mediator.

Child Centered.

Problem Solving Focused.

Please call us at 847-926-0101 for more information.

Quick Links

Read and Subscribe to Micki Moran's Blogs:

Kids' Law

Special Education Law

Click to View our website

www.lawforchild.com

www.jjslist.com

The Child and Family Law Center, Ltd.

1950 Sheridan Rd.

Suite 201

Highland Park, IL 60035

847-926-0101

www.lawforchild.com

We provide representation in the following areas:

SPECIAL EDUCATION/IEP, DUE PROCESS, FEDERAL AND STATE

COURT

RESIDENCY

DISCIPLINE ISSUES

GUARDIANSHIP

MENTAL HEALTH ISSUES

DIVORCE AND CUSTODY

PARENTING PLANS

MEDIATION

CHILD SUPPORT

POST DECREE MATTERS

Dear Ellen,

Hello and Welcome. Each month The Child and

Family Law Center of the North Shore, Ltd. will provide articles of interest and

updates on areas that our office deals with on a regular basis. We appreciate

and welcome feedback, so please feel free to send us an email at

mickim@... with questions or suggestions.

At this Thanksgiving, we offer our thanks to all

of the clients and professionals with whom we work.

As we express our gratitude, we must never forget

that the highest appreciation is not to utter words, but to live by them.

~ Fitzgerald Kennedy

Transition Planning

Many of our original clients are now emerging

adults - transitioning from the world of school to work and developing lives. We

are increasingly engaged as lawyers to assist parents in making that happen.

Over the past year, when I have spoken to audiences of both parents and school

administrators alike, there is a universal sense that transition is still an

evolving area and no one is quite sure how to get it right.

Legal Updates:

Bare bones transition plans are not enough to pass

legal muster. In transition IEP's, the school district personnel will often

offer to have the student take career interest inventory assessments or other

computer based measures to determine what they may like to pursue as a career or

in the area of post-secondary education. While these measures have validity they

are only a beginning and cannot be the basis for the student's transition plan

or IEP goals. A recent District of Columbia hearing officer determined that

these measures are not a substitute for developing realistic transition goals

not only based on the student's interests but also on their abilities,

educational levels and needs.

Another recent case clarified the IDEA's

requirements regarding the legal standard that transition plans must meet. The

court reiterated that a public school district need not provide the best

possible transition plan. It need only meet the standard set out in Rowley 553

IDELR 656 (U.S. 1982). A district needs to simply demonstrate that a student

received benefit from the district's transition services.

Divorce and Special Needs Issues:

FAQ: My daughter is now 19 years-old and will

still be in school until she is 22. In our divorce agreement (drafted when my

daughter was six) my husband agreed to pay child support until she turned 18. He

is refusing to pay any more money even though she lives with me and needs the

assistance. What are my legal rights?

In Illinois there is a statute that provides

guidance on this issue. 750 ILCS 5/513(a)(1) states as follows:

(1)When the child is mentally or physically

disabled and not otherwise emancipated, an application for support may be made

before or after the child has attained majority.

You will need to file a petition with the court

for support. It is important to note that this section deals with support only

and doesn't address the issue of visitation for disabled adults.

FAQ: My wife and I are separated. She and I are

co-guardians of our disabled son. She refuses to let me see him very often and

makes decisions without consulting me. What can I do?

There is no simple answer to this question.

Guardians are required to act in the best interest of the ward (your son). If

his mother is letting the marital issues get in the way of his relationship with

you then perhaps she is unable to act in his interests. In order to terminate

the co-guardianship, you would need to file a Petition in the Probate Court to

terminate or modify the co-guardianship, in all likelihood alleging that she is

not able to act in the best interests of your son. This can be an expensive and

potentially complicated process. The Probate Judge would appoint a guardian ad

litem to report to the court regarding the best interests of your son. Before

the hearing, the guardian ad litem must interview your son, inform him of his

rights, and investigate the appropriateness of guardianship. This person will

interview both of you and determine which one of you can best serve as guardian.

Another outcome that the parties must consider in this case is that the court

could determine that neither parent is a proper guardian, or the judge could

determine that your wife is the proper guardian. Also, the guardianship court

doesn't address visitation issues.

Homework Lawyer

Over the past year it appears that with increasing

frequency the presenting problem in my office is the issue of homework. This

problem usually exhibits itself as follows: A beleaguered parent arrives at my

door, sleep deprived and exhausted from doing homework for hours each night with

their child. It is not uncommon for these parents to report that essentially

their home life in the evenings and weekends is completely centered around

getting homework done through yelling, bribing, rewriting, pleading and in

general conducting a full court press to get the assignments finished and turned

in on time. The problem gets worse rather than better over time.

At a recent IEP meeting I jokingly referred to

myself as the homework lawyer. Not funny, since it speaks to the desperation of

parents who feel compelled to seek legal advice on this issue. Typically, the

problem is that too much homework is assigned to a student who is simply unable

to do the work independently for a wide variety of reasons. It is not uncommon

for students in this category to arrive home without the necessary supplies, be

misinformed about the assignment, have trouble organizing and or understanding

what is being asked and feeling too overwhelmed to start the task. While the

reasons for these issues are too numerous to address in this context, I want to

offer a few suggestions and resources for homework issues that I have found to

be helpful. These accommodations or agreements should be incorporated into an

IEP document and addressed as IEP goals/accommodations rather than as

afterthoughts.

1. Agree on a time limit for homework completion.

Ask the school what the expectation is for a typical student and reach a

consensus on how much time is expected for your child.

a.. Ask a teacher or resource teacher to

" estimate " how much time should be spent on a particular task. Note this time on

the assignment notebook or log.

b.. Stick to the time. If if is thirty minutes

and it isn't done, move on.

c.. Set a timer.

d.. Let the school know how much time was

expended on homework.

2. Agree on a home school communication system.

a.. Daily communication may be needed until

things are under control.

b.. Don't simply rely on the student to be the

communicator.

c.. Identify a person who will function at the

school level to identify what needs to be done.

d.. Develop a checklist for homework.

3. Identify the problem. Why is the student

struggling to complete homework?

a.. Writing.

b.. Organization of materials.

c.. Fatigue

d.. Memory Issues.

e.. Lack of understanding of the material.

4. Avoid simply solving the problem by allowing

the student more time to complete the task.

a.. Results in an accumulation and build up of

assignments rather than a solution.

b.. Shorten assignments when appropriate.

5. Think of this as a process rather than a quick

fix.

a.. Meet again to discuss whether the plan is

working. Don't wait too long. Usually six weeks is a reasonable period for

assessment.

b.. Tweak the communication system as needed.

c.. Set goals.

Resources:

Twenty Five Top Things for Handling Homework

The Child and Family Law Center of the North Shore

is a unique legal practice that specializes in providing legal services to

families and children in the areas of special education, IEP consultations,

divorce and custody, parenting agreements, mediation, guardianship and juvenile

law, including criminal law, DCFS and mental health. Where possible, we have

initiated flat fee billing for appropriate matters.

The Child and Family Law Center of the North Shore

1950 Sheridan Rd.

Suite 201

Highland Park, IL 60035

For more information about The Child and Family

Law Center of the North Shore, please call 847-926-0101 or visit our website at

www.lawforchild.com

Micki Moran

The Child and Family Law Center of the North Shore

Forward email

This email was sent to egskb@... by mickim@...

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Update Profile/Email Address | Instant removal with SafeUnsubscribeT

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The Child and Family Law Center of the North Shore | 1950 Sheridan Road |

Suite 106 | Highland Park | IL | 60035

January 6, 2012

FYI

Ellen

Ellen Garber Bronfeld

egskb@...

News from Micki Moran and The Child and Family Law Center of the North

Shore

You're receiving this email because of your relationship with The Child and

Family Law Center of the North Shore. Please confirm your continued interest in

receiving email from us.

You may unsubscribe if you no longer wish to receive our emails.

January 2012

The Child and Family Law Center of the North Shore

Newsletter

In This Issue

Divorce: Special Considerations for Divorcing Parents of

Adult Disabled Children

School Law: Home/Hospital Instruction

Response to Intervention and Evaluations for Special

Education

Staff News:

Micki Moran has been appointed to the

Board of Directors

for the

Center for Independent Futures

CIF is a not for profit organization located in

ton, IL that helps individuals with disabilities and their families access

the skills and opportunities to realize full lives, including community living

options, personal networks, lifelong planning and education.

www.independentfutures.com

...

Attorney Joe Scally is teaching a course on Mental

Health issues in Jails and Prisons at the Chicago School of Professional

Psychology (CSOPP) this spring. Joe has been an adjunct faculty member at CSOPP

for over a decade. He has taught courses on mental health law, record managment

and testifying, ethics, assessment of violent offenders, and other topics.

...

Micki Moran and Joe Scally will speak about

Transition Planning for Students with Mental Health

Issues

to a parent group at the ton Day School.

January 19, 2011

...

Announcing:

The 2nd Annual

Autism Summit

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