CBA Record January-February 2024

vincing evidence, that the parent is unfit with respect to each child individually. As an example, in In Re Amanda D., even though the child’s mother served her entire sentence and completed a substance abuse program, her unfitness determina tion rested upon her prior conviction. Lack of uniformity is also an issue, as the various districts apply different stan dards of review to termination of parental rights appeals. This leads to inconsistent results and numerous children being taken out of their biological parents’ homes, even if removal is not necessary to ensure their well-being. The Supreme Court should make clear that relying solely on evidence of past determinations of parental unfitness is unlawful. In the meantime, Illinois should make sure that a parent’s efforts to change are considered in every fitness determi nation. The article states that it is always necessary to find, by clear and convincing evidence, that a parent is unfit to care for each child. For example, in low-risk cases, Kentucky parents may show evidence of their efforts to remedy the child’s needs (such as parenting classes, counseling, sub stance abuse treatment, education, etc.). If Illinois courts hear and consider evidence of parental rehabilitation efforts, they can decrease the number of children placed into the foster system. The courts thus will ensure the well-being of thousands of chil dren while preventing unnecessary remov als and the destruction of family units. ticularly if liens disproportionately burden individuals rather than business debtors. This is an especially serious concern in Illi nois, where recent data suggests disparities between the number of liens imposed on individual and business debtors. To deter mine the extent of such disparities, the article analyzed recent data from the Illi nois Department of Revenue. The DOR data shows that more than 475,000 liens were imposed on Illinois debtors between 1994 and 2020, with a

REVIEW OF REVIEWS

REVIEWS, REVIEWS, REVIEWS! Termination of Parental Rights and an Assessment of Rights to Subsequent Children in the State of Illinois by Kayla C. Ranta, 47 S. ILL. U. L.J. 221 (2022) Reviewed by Amira Guy, 3L at Northwestern Pritzker School of Law

straint makes it nearly impossible for par ents to fix the problems that caused their children to be removed (e.g., drug or alco hol addiction, unemployment, etc.). Illinois adheres to the Illinois Adop tion Act, which provides that a court may involuntarily terminate parental rights upon proof, by clear and convincing evi dence, that a parent is unfit to care for a child. The state’s decision to terminate parental rights due to a parent’s previ ous misconduct is assessed under strict scrutiny because the right of a parent to control their children’s upbringing is a fundamental constitutional liberty. Problems arise because states, includ ing Illinois, use past determinations of parental unfitness to serve as proof regard ing subsequent children. An Illinois court may rely on evidence of the parent’s pre vious neglect or abuse to support a find ing of unfitness towards the child at issue. Illinois courts do not always adhere to the necessity to find, by clear and con

The biological parents of over 16,000 children in Illinois per day are assessed for parental fitness, as determined by a multitude of factors that impact not only existing children but also any subsequent children. Unfortunately, Illinois judicial districts proceed differently in parental rights termination cases, which creates confusion, frustration, and significant discrepancies. This article argues that the state should create a more uniform system for terminating parental rights and pri oritize the assessment of the rehabilitative efforts of parents who may have redeemed themselves and made substantial life changes to regain their parental rights. Congress enacted the Adoption and Safe Families Act of 1997, which requires states to file a termination petition if a child remains in foster care for 15 out of the last 22 consecutive months. However, to receive federal funding, states have an incentive to rush parental termination proceedings. The 15-month time con

What Is the Optimal Basis for Imposing Government Liens? by Randall K. Johnson, 2023 U. Ill. L. Rev. Online 128 (2023) Reviewed by Patrick Buethe, 3L at Northwestern Pritzker School of Law

This article reveals a stark disparity between Illinois’ treatment of individual and busi ness debtors. It highlights the need for fur ther study on the source of this disparity and recommends reforms for more objec tive lien imposition standards for a more equitable future for debtors. In the recent Supreme Court case Tyler v. Hennepin Cnty., Minnesota, 598 U.S.

631 (2023), the Court found that the gov ernment’s failure to return surplus profits from a foreclosure sale may constitute an unlawful taking under the Fifth Amend ment. In addition to Tyler’s Fifth Amend ment concerns, states looking to impose government liens must also assess the risk of Equal Protection violations under the Fifth and Fourteenth Amendments, par

CBA RECORD 39