New Illinois Law Protects Custody Information in Schools: What Parents Need to Know About HB 3247

By Jonathan D. Steele, Partner at Beermann LLP

Effective January 1, 2026, Illinois House Bill 3247—the Safe Schools for All Act—creates new requirements for how schools handle custody documentation and child release protocols. For parents navigating custody disputes, this legislation provides important new protections.

What HB 3247 Requires

The new law mandates that Illinois public schools:

• Maintain current custody documentation in student files
• Verify custody orders before releasing a child to any adult
• Update emergency contact lists when custody arrangements change
• Train staff on custody verification procedures
• Establish protocols for handling disputed pickup situations

Prior to this law, schools had inconsistent policies about custody verification. Some would release children to any adult listed as a contact, regardless of whether court orders restricted that person's access.

Why This Matters for Custody Disputes

In high-conflict custody situations, unauthorized pickup attempts are unfortunately common. A non-custodial parent might:

• Attempt to pick up a child during the other parent's parenting time
• Send a relative or new partner who is not authorized
• Claim there was a 'schedule change' without documentation

HB 3247 addresses these scenarios by requiring schools to verify authorization against documented custody orders before releasing any child.

Protection Against Parental Abduction

In cases involving domestic violence or orders of protection, proper custody documentation at schools is especially critical. The new law ensures schools cannot inadvertently facilitate contact violations.

What Parents Generally Should Consider

To help ensure children are protected under the new law, parents may want to consider the following steps:

1. Provide current custody documentation—Give the school a certified copy of your most recent custody order, allocation judgment, or parenting plan
2. Update emergency contacts—Ensure only authorized individuals are listed as approved for pickup
3. Document any restrictions—If your custody order restricts the other parent's access or requires supervised exchange, provide this documentation explicitly
4. Request written confirmation—Ask the school to confirm receipt and implementation of your custody documentation
5. Review annually—Custody situations change; update school records whenever orders are modified

What Schools Cannot Do

Importantly, HB 3247 does not make schools arbiters of custody disputes. Schools must follow documented court orders but cannot:

• Interpret ambiguous custody language
• Mediate disputes between parents
• Modify pickup authorization without updated court documentation

If parents disagree about pickup rights, the school should follow the most recent court order on file and direct parents to resolve disputes through proper legal channels.

Ensure Your Documentation Is Current

If you are involved in a custody matter and want to ensure your child's school has proper documentation, or if you need to modify existing custody orders, speaking with an experienced family law attorney can help clarify your options.

Legislative summaries are current as of the publication date. Laws may be amended or interpreted differently by courts after this date. For advice about your specific situation, consult a licensed attorney.

Written by Jonathan D. Steele

Chicago divorce attorney with cybersecurity certifications (Security+, ISC2 CC, Google Cybersecurity Professional Certificate). Illinois Super Lawyers Rising Star 2016-2025.

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