Parental Rights in Illinois
Illinois Parental Rights News
Join us to discuss the Parental Rights Amendment and the erosion of parental rights in our most distressed, low-economic communities throughout Illinois. Inadequate knowledge of how your fundamental rights as parents are being taken away increases bureaucratic takeover. It is vital for you to be empowered and vigilant in protecting and securing your parental rights.…
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Illinois State Law and Parental Rights
Illinois does not have a state statute that explicitly defines and protects parental rights as fundamental rights.
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Illinois Courts and Parental Rights
"Strict Scrutiny" Applied to Parental Rights
In re R.C., 745 N.E.2d 1233, 1241 (Ill. 2001), the court held that because "the Court [in Troxel] reiterated that a parent's right to control the upbringing of his or her children is a fundamental constitutional right," the court "must employ strict scrutiny, and determine whether [the statute] is necessary to a compelling state interest and narrowly tailored thereto".
However, this precedent is subject to change.