Photo Caption

Northwind Traders Newsletter May 2016

“The simplest and safest

legal advice is that, if your

children are under the age

of 14, you should not

leave them home alone

for any period of time.

Unfortunately, that is not

practical for many

families.”

In This Issue

Leaving Your Child Home

Alone– Illinois Law

Out & About With T&E

Local Business Feature

NEW T&E App

From L to R: Andrew Koester, Dan Jones, David Eberspacher, Angel Wawrzynek, Bill Tapella, Jacob Smallhorn, Lindsay Rakers, Alex Heritier

September 2016

Cont. on page 3

Recently, a mother was arrested in Delaware for leaving her two sons, age 8 and 9, unattended while she went to pick up some food for dinner, approxi-mately five miles away. While she was gone, the boys had let their

dog outside and were seen by a well-meaning neighbor, who had called the po-lice. The woman was charged with endangering the welfare of her children, a misdemeanor.

Parents across the country read stories such as this and wonder if they, too, could find themselves in jail or without custody of their children if they left them unsupervised. Many families consist of a single parent or two working par-ents, which can lead to childcare challenges both after school and while school is not in session. So, what does Illinois law say about leaving children home alone?

The short, but legal, answer in Illinois is that if your children are under 14, your safest course of conduct is to not leave them home alone. There are several laws in Illinois which come in to play. To start, if you are planning an overnight trip (even to the hospital) without your children, you run the risk of be-ing criminally convicted of “child abandonment,” which is defined by leaving chil-dren unattended for 24 hours or more. The first offense of “child abandonment” is a Class 4 felony, punishable by 1 to 3 years of imprisonment. A second of-fense is a Class 3 felony, which is punishable by 2 to 5 years of imprisonment.

Although overnight trips may be avoidable, many parents wish to leave their children unattended for shorter periods of time after school or when quick errands are necessary. Unfortunately, this may run afoul of the Juvenile Court Act in Illinois, which legally defines a “neglected” minor to include “any child un-der the age of 14 whose parent or other person responsible for the minor's wel-fare leaves the minor without supervision for an unreasonable period of time

By Angel Wawrzynek

One of our fa-vorite parts of what we do at The Tapella & Eberspacher Law Firm is finding ways to support members of our communities. On

August 14, T&E’s Missouri attorney, Lindsay Rakers, headed up a fundraiser for Ballwin, Missouri Police Of-ficer, Mike Flamion. Officer Flamion was shot in the line of duty and is severely and permanently wounded. Lindsay rallied her family, friends, and community for a “Sweets and Treats for Officer Flamion” event. What was originally planned as a small lemonade stand ended up raising more than $5,000, thanks to the help of volunteers and over a dozen generous sponsors.

Also in August, Bill Tapella presented at our third Lunch with a Lawyer event at the LifeSpan Center in Charleston. Bill spoke about how to choose the right doc-tor, which was also the topic of our last newsletter. More than 50 seniors attended the event and participated in fantastic discussion.

Our next Lunch with a Lawyer will be held on Friday, November 11th in conjunction with the Coles County Council on Aging’s Veterans Fair. T&E attorney, Angel Wawrzynek, will speak about legal issues that affect our Veterans. Lunch will be a traditional Thanksgiving meal. Reservations are required, and can be made by calling Angela at (217) 639-7800, or by contacting the LifeSpan Center at (217) 639-5150.

Last year, our team enjoyed helping with One Stop Community Christmas. This year, OSCC is expecting to help 1000 families in need from 7 counties! We are hon-ored to have the opportunity to sponsor a table for this year’s event. We will be collecting pajamas for children ages 10-18. As we ap-proach this holiday season, please consid-er picking up an extra pair. You may drop them off at our Charleston office Mon-day through Friday from 8 a.m.– 5 p.m.

Out and About with T&E

T& E Small Business Feature As attorneys, we see injured people in our of-fice every day. Many of them are confused and scared, and they’re not sure where to turn for medical advice and treat-

ment. When someone is interested in getting help for their back or neck injury, it’s common for them to be referred to a chiropractor. The Hutti Chiropractic office in Charleston, Illinois has long been a trusted group of medical professionals for our injured clients, but their practice is also a family affair. Mark Hutti and his Brother, Steve, started the practice in 1979. Their father was also a chiropractor and an instruc-tor at Logan University College of Chiropractic. Nine years ago, Steve’s son, Tim, joined the practice. He was fol-lowed a few years ago by Mark’s son, Jon. Tim Hutti, whose patients call him “Dr. Tim,” recognizes that people frequently come to a chiropractor when other treatments don’t seem to be helping. The entire team at Hutti Chiropractic s experienced in treating whiplash and associated disorders that often effect people after a crash or fall. Dr. Tim recommends that people be evaluated by a hospital right after a fall or a car wreck even if they’re un-sure if they’re injured, then follow up with a qualified chiro-practor as soon as possible. The Hutti team works closely with their patient’s other physicians to develop each indi-vidual’s treatment plan and to refer them to other special-

ists when necessary. Much like we recommend to our clients, Dr. Tim also suggests that anyone who is dealing with an illness or inju-ry keeps a pain journal. “Tracking the day, time, and cir-cumstances of your pain can be very helpful to all of your treaters,” said Tim. “It can help us identify your pain trig-gers and work as a team to get you back to your normal activities more quickly.” Not all chiropractic patients have been injured in a crash or fall. Dr. Tim considers himself a “running guru.” He especially enjoys working with patients who are striving to meet health and fitness goals. Performing nutritional analyses and consultations allows him to advise patients on everything from the right diet and supplements, to the most effective shoes and inserts to help them achieve new healthy heights. Chiropractic medicine focuses on treating the “whole person,” without drugs or surgery, rather than just medi-cating an injury. At Hutti Chiroprac-tic, they perform blood testing for issues such as food allergies, thy-roid issues, and cholesterol. They also offer other conventional forms of testing and treatment such as x-rays and ultrasound. To schedule a consultation, contact them at (217) 348-1450, or visit www.HuttiChiropractic.com.

Dr. Tim Hutti

Don’t risk making an ex-pensive mistake after a wreck. Protect yourself with our new app! We’ve done all of the thinking for you– you just have to fill in the blanks. We can even help you find a tow truck, journal your medi-cations and pain, and set reminders for appoint-ments and deadlines! Download it for FREE! Simply search ‘Tapella Eberspacher’ in the App Store or on Google Play!

without regard for the mental or physical health, safety, or welfare of that mi-nor.” No definition of an “unreasonable period of time” is provided, but the statute does list 15 factors which will be used to determine whether the child was left “without regard” for his or her safety. These include: The age of the child The number of children who were left Any medical needs or disabilities of the child The weather during the time the children were unsupervised The condition of the place where the child was left The location of the parent/guardian who left the child The length of time the child was left unsupervised Whether the child was given the number to call in case of emergency Whether the child was left due to financial hardship and/or illness,

so long as the parent or guardian can demonstrate that they made a good faith effort to provide for the health and safety of the child.

[For a complete list of the pertinent factors, see 705 ILCS 405/2-3, which is available on the Illi-nois General Assembly website (www.ilga.gov).]

A law enforcement officer who believes that a child has been neglect-

ed may take that child into custody without a warrant. That officer must then immediately notify DCFS (the Department of Children and Family Services) and make a reasonable effort to notify the parent. The child is then kept un-der “temporary custody” which basically means placement in a hospital, a fos-ter home, or somewhere else designated by DCFS. The child may be re-turned to the care of the parent after an investigation, unless the investigator determines that further custody is required. If that happens, a petition will be filed with the court, requesting a hearing on the matter of the appropriate cus-tody of the child.

The simplest and safest legal advice is that, if your children are under the age of 14, you should not leave them home alone for any period of time. Unfortunately, that is not practical for many families. Fortunately, the Illinois Administrative Code outlines a clearer picture of when DCFS should (and could) become involved. To start, the Code more specifically defines various types of neglect. For example, a child has been neglected by way of “inadequate supervision” if they have been placed in a situation that is likely to require judgment or actions for which they are not physically, emotionally, or educationally prepared. This could include:

A child who has been left alone

when he or she is too young to care for himself/herself

A child with a condition that requires close supervision has been left unsupervised

A child has been left unattended in a place that is unsafe for them

A child has been left with an inappropriate caregiver

From there, the Code explains that once a report has been made to

DCFS, the initial (and immediate) investigation must consider several factors before DCFS will open a full investigation. These factors include not only whether the definition of neglect has been met, but also whether the child was harmed or was in substantial risk of harm. If those factors are not met, DCFS will terminate the investigation and return the child.

The takeaway is that, while the police technically do have the authori-ty to take your children if you leave them unsupervised, it is unlikely that they will take action unless your children have been harmed or were in substantial risk of being harmed.

So, if you do intend to leave your children alone for some period of time, you will be well suited to ensure that the location is safe, that there is plenty of food and water, that your children have the number to call in case of emergency (and the ability to actually make that call), that you are not gone for an “unreasonable period of time” under the circumstances, and that you do not go very far.

Angela’s Pumpkin Dip 1 can pumpkin puree (NOT pumpkin pie filling)

1 pkg. (8 oz.) cream cheese

2 cups powdered sugar

1 tbsp. cinnamon

1 tbsp. pumpkin pie spice

Mix cream cheese and powdered sugar. Gradually stir in

pumpkin. Add seasonings, stir, and refrigerate at least 2

hours. Serve with apple slices, graham crackers, ginger snaps, vanilla wafers, or cin-

namon sugar pita chips. *You can also make this recipe with Cool Whip, Maple Syr-

up, chocolate chips, and many other delicious fall staples!

Angela Hampton joined The Tapella & Eberspacher Law Firm in August of 2015 as the Marketing Manager. She maintains the T&E website and social media, and she especially enjoys planning community events for the firm. When she’s not at work, Angela enjoys spending time with her husband and three daughters. Her fami-ly is excited to be expecting a new addition– their second Boston Terrier puppy– in November.

The Tapella & Eberspacher Law Firm

PO Box 627

Mattoon, IL 61938

The Tapella &

Eberspacher

Law Firm

Charleston Office

6009 Park Drive

Charleston, IL 61920

855-522-5291

(217) 639-7800

St. Louis Office

7777 Bonhomme Ave.

Ste. 2301

St. Louis, MO 63105

(314) 588-8500

855-522-5291

Visit us on the web

and chat live 24/7 at

www.TapellaLaw.com