In re Barion S.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 113026
Decision Date: 
December 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
McBRIDE
Holding: 
Reversed and remanded.
Evidence presented rebutted presumption of neglect of infant based on diagnosis of failure to thrive. State's evidence was not sufficient to support a finding of neglect, as State failed to prove that mother breached her duty to provide a safe and nurturing shelter, such that infant was neglected due to injurious environment. Evidence did not show that it was more likely than not that infant was neglected based on mother's failure to exercise care or unintentional disregard of her duty. Mother was proactive in seeking medical treatment for infant and her home was clean and stocked with food; caseworker found feedings appropriate. (HOWSE and TAYLOR, concurring.)