Illinois Appellate Court
Civil Court
Abuse and Neglect
DCFS failed to meet its burden of proof to show that a preponderance of evidence supported its indicated report of child neglect due to inadequate supervision. Director of DCFS erred in denying Plaintiff mother's request to expunge indicated finding. There was no evidence that Plaintiff's use of K3 (synthetic marijuana) rendered her unable to adequately supervise her 6-year-old son. DCFS failed to refute Plaintiff's testimony that she could still function after using K3, and failed to present evidence that her use of K3 produced substantial state of stupor, unconsciousness, or irrationality so that she was unable to adequately supervise her son. (HUTCHINSON and BIRKETT, concurring.)