Parental Rights in Illinois
Illinois Parental Rights News
Volunteer in Illinois
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.