In re M.S.

Illinois Appellate Court
Civil Court
Contempt
Citation
Case Number: 
2015 IL App (4th) 140857
Decision Date: 
Tuesday, April 14, 2015
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Reversed.
Justice: 
HARRIS
Minors were placed in relative foster care, and court held DCFS and its agent, LSSI, in contempt for not having immediately removed minors from foster home after grandfather had positive drug test. Court Record fails to reflect existence of a clear order upon which juvenile court could base its contempt finding against Respondents. Even assuming that court order existed requiring Respondents to remove minors from their foster placement, removal was completed prior to date court issued its rule to show cause and before it held Respondents in civil contempt, and thus there was not action for court to coerce at time contempt proceedings began. Court's order improperly punished Respondents for actions which they could not undo, and due process requirements for indirect criminal contempt were not met. (KNECHT and APPLETON, concurring.)